No. 12.—Petition of Hemana Whiti.

Petitioner says that he had an interest in land called Okahukura, Kaipara District, which the Natives sold to one Fitzgerald; that, notwithstanding the efforts of Fitzgerald and the Natives, he had steadily refused to sell his portion; that when the land passed through the Land Court he had an assurance that his share should not be included in the alienation; that he was persuaded by Nelson (Fitzgerald's interpreter) to convey his interest to the latter, along with, the other Natives, for the sake of convenience, Fitzgerald undertaking to reconvey this portion to him; that this arrangement, which he considered fair, was enforced by the advice of Symonds, Clendon, and Dufaur; that it was arranged he should pay Fitzgerald £50 for the land; that he actually paid the £50, and £20 further for survey, to Mr. Clendon; that, when he got his portion surveyed, Fitzgerald would not allow him to occupy it, but brought an action in the Supreme Court to dispossess him; that Fitzgerald won the action, and got a writ against the petitioner for costs; that petitioner held possession of the land till Fitzgerald and eight policemen came and ejected him; that his houses and goods were then burned, and his horses all seized; that the Government sent Major Mair to inquire into the matter, whose advice was that Fitzgerald should pay for the damage done, whilst the petitioner should leave the land to enable the Government to deal with it more easily; and finally, that "none of these things had been adjusted." For redress he appeals to Parliament.

I am directed to report as follows:—

That, from the evidence given to the Committee, and particularly that of the Hon. Mr. Whitaker and Mr. Clendon, it appears that the allegations of the petitioner are substantially true, and that a serious wrong has been done. Legal redress seems to be doubtful. The Committee consider that this is a case in which the Government might be asked to assist in getting a final decision through a law Court; and, should this be adverse on technical grounds, to consider whether some arrangement might not be made by which a piece of land could be secured for the petitioner's use, in lieu of that out of which he has apparently been cheated; or whether special legislation is possible.