No. 118.—Petition of Te Hira Pateoro and Others.

Petitioners pray for legislation to enable them to obtain a rehearing in the matter of succession to Apihai te Kawau.

I have the honour to report that the Committee has carefully read the papers referring to the Orakei Block, and find as follows:—

(1.)	That the petitioners allege that they are the true successors of Apihai te Kawau.
(2.)	It appears that Apihai te Kawau died in 1869, and left a will appointing Paora Tuhaere his successor. Paora also claimed the land as being entitled to it.
(3.)	A Crown grant was issued in 1873 in favour of Apihai te Kawau and twelve others, of whom Paora Tuhaere was one. The land was antevested as from 10th February, 1869.
(4.)	In 1882 a private Act was passed, in which it was declared that Paora Tuhaere was the trustee of the land.
(5.)	On the 2nd March, 1883, Paora Tuhaere was declared in the Native Land Court to be the successor of Apihai te Kawau. At this Court the son of Apihai (Te Hira te Kawau) was present, and consented to such succession. The petitioners are the children of a daughter of Apihai.
(6.)	Paora Tuhaere died on the 12th March, 1892.
(7.)	The petitioners did not in Paora's lifetime object to the succession order made in Paora's favour by any petition or by any proceedings in the Court. They, however, shortly before his death, and when he was in ill-health, did communicate with the Native Department. The Committee have not, however, had that letter before them. The succession order was at that time nine years old.
(8.)	In 1892 "The Orakei Succession Further Investigation Act, 1892," was passed, allowing one Rere Arama to apply for a rehearing as to certain succession orders, but not the order found fault with by the petitioners.
(9.)	An application was made to the Chief Judge for a rehearing on 23rd September last by Rere Arama, and the same was filed awaiting inquiry, but no further action has been taken on the application.page 16
(10.)	The Committee, under the above circumstances, cannot recommend that a succession order more than ten years old should now be reopened, especially as Paora Tuhaere is dead, and perhaps much valuable evidence may not be now available.