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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

Native Land Court. — Thursday, May 14. — [Before Chief Judge Fenton, and Henare Pukuatua (an Arawa Chief), Native Assessor.]

Native Land Court.
Thursday, May 14.
[Before Chief Judge Fenton, and Henare Pukuatua (an Arawa Chief), Native Assessor.]

The first sitting of this Court, held in Dunedin, was held this day, in the room formerly used as a Resident Magistrate's Court. His Honour the Judge and the Native Assessor (a chiet of the Arawas, Bay of Plenty), took their seats at 10 o'clock. Mr. Alexander Mackay, Native Commissioner, was in attendance. Mr. Maxwell was sworn in as Interpreter. Mr. Macassey appeared for some of the claimants, and conducted the cases. Mr. Haggitt, senior, was present, in the absence of the Provincial Solicitor. The Court was crowded during the day by Natives, and great interest appeared to be taken in the proceedings.

It was arranged that the "succession" cases should be first taken, and the Court was occupied the whole of the day hearing evidence respecting the division of reserves at the Heads, made by the late chiefs Taiaroa and Karetai, and the sub-divisions agreed upon by the families of those chiefs and members of their tribes.

The following evidence was given respecting land claimed by descendants of Taiaroa:—

GeorgeGrey Taiaroa: I am the son of the late Taiaroa, and I claim land—a portion of the reserve at the Heads. I recollect Karetai, formerly a chief of Otago. He lived at the Heads with Taiaroa. I know that Karetai and Taiaroa made a division of the land. They first began to talk about it in 1859. They divided the land. The division line was straight. (The witness described on the map, each portion, and pointed out the boundaries.) Karetai lived on one portion with his people and his children, Taiaroa on the other. Their people and children now live on the land so divided. There was at the time a division of Papa[gap — reason: illegible]ui, as it is marked on the map now shown me. There were 700 acres for Taiaroa, and the balance, a larger piece, was for Karetai. The division of the land was made in the assembly of the whole people. Taiaroa's people and children have agreed among themselves to a division of the land. (A schedule containing a list of claimants and the plan of the division of the land was read to the witness, and he marked on the map the acreage proposed).

The Judge suggested that the wish of the Maoris should be ascertained, as to whether Crown grants should be granted in every case; or that Deeds of Conveyance should be issued to one who would hold the land in trust. It was a question as to what would be cheapest. The witness said that his tribe wished to have Crown grants. A conversation then took place as to the desirability of making the land inalienable. The witness, in answer to the Judge, said that he wished to have the right to sell if he chose, but if the assembly of the Natives did not wish anybody to sell land, it should not be sold. If all was sold, they would have no place to stop at. Leasing was good.

The Court, through the Interpreter, asked if any one present opposed the claim, and Korako Turumaka Karetai, son of Karetai, opposed. He was told that if he opposed he would have to pay the costs of the case, to which he consented. He claimed a portion of the land, as the land of his father. By the agreement Karetai should have had a portion of Papanui, and some of the page 228people who had been allowed to come upon the land. He called a witness, but his testimony went against the objection. He said that both chiefs, Taiaroa and Karetai, had a claim over the whole of the land, and that although there might be little divisions among the people, all knew the proper boundaries. He did not think it was right for Karotai (Korako) to go upon Taiaroa's land, because the thing had been finished—the talk over long ago.

The Court dismissed the objection without calling on Mr. Macassey. "The Native Lands Act" requiring the signature of the Chief Surveyor to the maps produced by the Surveyor who had divided the land, the case was adjourned until Friday for the attendance of Mr. Thomson.

The sub-division of land to claimants who claimed title from Karetai was next gone into. Koraka Turumaka was called, and he gave evidence proving the right of his "hapu" to the land, as had been done in the previous case. (The names of the persons entitled to divide, and the acreage proposed to be given to each, were read and marked). He said that the agreement to divide had been made among themselves, and there had been no objection.

The Judge remarked that the reserve for the lighthouse was on this block, and inquired how the land was held.

Mr. Haggitt, senior, said that it was held by lease from the Natives.

His Honor remarked, that the Natives not having a legal title yet, the lease was invalid. He thought that the matter of the reserve should be settled.

Mr. Macassey said that the question would be brought before the Court.

The claimant alluded to a claim for a portion of the land put in by John Topi Patuki, of Ngaitahu; and the claim was considered.

Topi said he claimed a portion of the land, having bought it from Hoani Korako. He had given a greenstone mere for it.

Hoani Korako, of the hapu of Ngaiteruahikihiki, said that he had sold the land. It was his own property, and he had 200 acres left.

Koroko and Timoti Karetai were examined, and they stated that no objection was made by the hapu to the sale.

The case was postponed, and the Court was adjourned until 10 o'clock on Friday morning.