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

Port Chalmers Reserve

Port Chalmers Reserve.

The consideration of the Native claim to Section 402, opposed by the Presbyterian Church, was resumed.

The following evidence was given:—

Thomas Burns: I am a senior minister of the Presbyterian Church of Dunedin. I was, and am still minister of the Presbyterian First Church. I wrote the letter produced to Captain Cargill. He was agent of the New Zealand Company, sub-agent of Colonel Wakefield, in this Province. It was in those capacities I addressed him. I never inspected the plan to see if the land was marked off. I never received any other document that I remember. I have often got lands for the Church without payment. In no case where reserves were made for my Church have I had any of the documents. If there ought to be any other papers, they ought to be in possession of the Church. The former trustees were myself, Captain Cargill, and Mr. M'Glashar. All papers relating to this section should be in the hands of the factor.

By Mr. Harris: In 1851, Captain Cargill received an appointment, by direction of the Imperial Government. The New Zealand Company, Captain Cargill being Resident Agent, set apart the lands in Dunedin. Land orders were only issued for properties purchased in England, not for those taken here. I heard that Section 402 had been taken for a Maori reserve, but I never got any notice. Mr. Proudfoot was factor for several years. There is a probability that some of the papers in Mr. Proudfoot's hands at the time of his death have never reached the present factor.

By the Court: I know Section 402. I was there not many weeks since. My impression is that the Church stands partly on Sections 8 and 402. I do not know that these sections are omitted from "The Presbyterian Act, 1867." I do not remember the history of these sections very well. The terms of purchase referred to in my letter are the terms issued by the New Zealand Company, as affecting the Otago Association. No. 12 is the section under the authority of which I expected this land to be given. The lands I got for church purposes without payment are all in the Province.

Mr. Harris applied for an adjournment. He had not had sufficient time to get together the evidence required for the Church.

The case was adjourned sine die.