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The Pamphlet Collection of Sir Robert Stout: Volume 73

"'Horowhenua No. XI.: Judgment

"'Horowhenua No. XI.: Judgment.

"'This is a rehearing of a partition order at Palmerston North, on 10th April, 1890, at a Court presided over by Judge Trimble, deciding and allocating the relative interests of Meiha Keepa Te Rangihiwinui and Warena Te Hakeke, the two owners in the order of the Court for a block of land called Horowhenua No. XI., Containing 14,975 acres, made on the 1st December, 1886, on partition of the Horowhenua Block of 52,000 acres, and in which partition order, dated 1st day of December, 1886, and the Land Transfer certificate, dated 19th July, 1888, issued thereon, the said Meiha Keepa Te Rangihiwinui and Warena Te Hakeke are named as the sole owners.

"'Although questions outside the jurisdiction of the Court have been introduced into the case, the only matter with which the Court can deal decisively is the relative share of each owner as against the other; and on this the Court decides, from the evidence of every kind before it, that the decision of the original Court—that of 1890—should be confirmed, and confirms it accordingly, and orders in accordance with this decision, as well as a report to the Supreme Court on the question submitted, will be made; the partition orders to date back to the date of the original hearing, and to issue when an approved plan of the land the subject of each such order is indorsed thereon.

"'But, although the Court in making these orders is confining itself to matters within its jurisdiction, it feels bound to add that, from what has transpired during the hearing of the case, as well as what it has seen during the inspection of the block, it is very clear that the issue of the order in 1886 in favour of Meiha Keepa Te Rangihiwinui and Warena Te Hakeke was a severe loss to the Muaupoko Tribe.

"'The partition of 1886, followed by the Land Transfer certificate, made those the sole legal owners of a piece of land which, up to that time was a part, and a most important part, of the tribal estate of Muaupoko, where from time immemorial they had lived and cultivated.

"'It is not within the province of the Court to inquire as to how or for what purpose the certificate for that piece—clearly the property of the bulk of the people of Muaupoko—was issued in the names of two persons only; but the Court feels that under the whole circumstances it is its duty to lay such facts as are within its knowledge before the Chief Judge, in order that if any application is made on the subject he would be in a position to advise as to whether it would be desirable to institute further inquiry into the whole matter, with a view to ultimate justice being done to all the parties.'

"15. Finding the Native Land Court powerless to help them, Major Kemp and other members of the Muaupoko Tribe petitioned Parliament, in the session of 1890, setting out the above facts, and praying the House to 'take such measures by legislation as will suffice to protect them and to establish the trust.

"16. The Native Affairs Committee, to which the said petition was referred, made the following report thereon:—