No. 598, 1891, Sess. II.—Petition of Toha Rahurahu and Others.

Petitioners state that they have heard that Donnelly and Airini Donnelly have applied for a survey of the Kaiwaka Block, and pray that their application may not be granted.

I am directed to report as follows: The block referred to in the petition is one of those subject to "The Mohaka Waikari Act, 1870." It has been before the Committee on a previous occasion and reported upon. In consequence of that report the Government took steps to have that and other blocks gazetted by order of the Governor in Council, for the purpose of empowering the Native Land Court to ascertain and include such of the owners as were left out of the title. It was found, however, that the said Order in Council could not give the jurisdiction intended to the Native Land Court, consequently things remain as they were and can only be altered by special legislation, but, pending further steps, the petitioners pray that no survey of the land be allowed, lest such survey should have the effect of determining the title as it at present stands beyond recall, and thus shutting out from relief a number of just and equitable owners. The Committee therefore recommend this petitition to the consideration of the Government.