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The Pamphlet Collection of Sir Robert Stout: Volume 80a

Ngaruawahia

Ngaruawahia.

While here a deputation consisting of Wi Patene and Hone Patene waited on the Premier, requesting that Sections 65 and 69 should be reserved, so as to secure the interests of those beneficially interested. It appears the original trustees are dead, and the trust originally intended cannot be continued.

Wi Patene said,—We wish to be relieved in regard to this trust. We have suffered in consequence. We do not receive any proceeds from the land. The original trustees are dead. We want a law passed by Parliament to get the title to this block investigated—some power whereby the Court can investigate these two sections, and ascertain who the owners are, that all may participate therein irrespective of any trust or restriction. The whole thing is explained in the letter to the Minister of Native Affairs. We wish the land brought under the operation of the law which affects the reserves in the Whakatane district. There certain lands were investigated by the Commissioner and awarded to certain persons in trust for the tribe. The trustees have since died. Power was given by special legislation for the Court to operate on those lands, so that the people may be found who are entitled thereto. We wish that law to be extended to these same blocks of which I am speaking. Aparima Patene, son of Wiremu Patene, who was one of the trustees, made representations and was appointed successor to his father. This is against the wish of the people, and what we want is that the trust, if any, affecting that block should be annulled and the beneficiaries determined. We have made representations to the Government, and in reply have been informed on more than one occasion that the Court had power, under certain sections which were quoted in such replies, to take the matter into its consideration and perform what we wanted; but up to the present time we have been unable to achieve our purpose.

The Minister: How long ago was that? Have you got any correspondence with you?

Wi Patene: I had the reply from the Government to which I have referred, but Judge Gudgeon asked me to deposit the letter with him, and he would see into the matter.

The Minister: How long ago is that?

Wi Patene: Last year when he was here in Ngaruawahia. The purport of the letter of the Government to us, in reply to our communication, was that the Government considered there were provisions in the new Act whereby the Court could deal with the case; but they found when looking at the law that such provisions referred only to reserves in the Whakatane district; there was nothing to indicate that the power of the Court could be extended so as to include these sections I am alluding to. The Government is not aware that these are reserves, because they were made reserves in accordance with an arrangement come to amongst the Natives themselves.

The Minister: Are they reserves at all?

Wi Patene: These lands were adjudicated upon by Mr. Mackay: he was Commissioner in 1867, and he declared by an arrangement with the people that a trust was created in the two persons I have mentioned in favour of the people.

The Minister: I will make inquiries when I get to Auckland who has the titles to the sections he has mentioned. If, however, no trust has been declared, I can do nothing with it.

On arrival at Auckland, inquiries were made, and it was found that there was no analogy between this case and the case at Whakatane, and nothing could be done in the matter.

Mr. William A. Graham, of Ngaruawahia, introduced Hone Wini Kerei to the Premier, and explained that this was a private matter, and that he understood from this Native that a promise of some land at Hungawhere had been made to him some years ago.

Hone Wini Kerei said,—I am glad to see you, Mr. Seddon. What I wish to say is concerning Hungawhere. Ngatihana sold this land to Sir Donald McLean—4,000 acres. The tribe to which I belong received no payment. My father was Wini Kerei te Whiti. My father asked the Government to separate 1,000 acres for him. The late Sir Donald McLean said, "Leave it to me; I will consider the question." He sent a statement to Parliament concerning this claim. The reply was that the Government had agreed to award him £20 in compensation. Wini Kerei would not receive the £20. What he wanted was 1,000 acres. That is the question I wish to inform you on. He would not receive the £20. Wini Kerei is dead, and I am his representative; therefore I bring this forward before you. As I have said, we did not receive the £20. Mr. Puckey would be able to explain these things. What we wanted was the land; we did not want the payment. That is all I wish to say and lay before you, sir.

The Minister: Have you got particulars of the sections of land, and any correspondence on the subject?

Hone Wini Kerei: The correspondence will be in the offices of the Government.

page 16

Mr. Graham here explained that Wini Kerei was a young man who had only now been elected by the tribe to represent Wini Kerei (deceased), and had not had time to go fully into the question, but merely wished to bring the matter before the Premier. He would ask the Premier to consider his position,—that he was only a young man, and had only just got into this position. The older men of the tribe would know more about the facts of the case. They were fully conversant therewith.

The Minister (to Mr. Graham): A thousand acres to be given out of the Hungawhere Block?

Mr. Graham: Four thousand acres was the sale; 1,000 acres is what they claim.

The Minister: I will find out about it.

Wiremu Pataki: another Native, said,—I should like to say a few words in explanation. What Hone Wini Kerei has just said to you is correct. There is a certain Native, who is not here, who could also substantiate what he has said. I have seen copies of the documents referred to. That block was 4,000 acres. On the application of Wini Kerei and another, Hunui, it was asked that 1,000 acres should be set aside as their claim in the block. Their suggestion was that 1,000 acres should be awarded to Wini Kerei and 3,000 acres should be apportioned to the Grown. They were told that the claim of Wini Kerei (deceased) would be settled by Mr. Puckey. He was authorised to pay £20 compensation for this claim. Wini Kerei said this was a small sum considering his claim was for 1,000 acres. Ngatouri has still got a copy of the letter received from the Crown. It came direct from the Government. Wini Kerei did not consent to receive this money, and he did not receive it. That is all I wish to state.

The Minister: Can you get me a copy of that letter?

Wiremu Pataki: Yes, I shall be able to get a copy.

The Minister (to Mr. Graham); I wish to ask this: If the Government bought 4,000 acres, why should the Government be asked to give 1,000 back?

Mr. Graham: Well, I might explain that there were two claimants to this land. There was a sister and a brother. They were the owners of the land. From the sister came Wini Kerei, from the brother came Ngatihana. Ngatihana was the one who sold the land. The brother and sister (Ngatitahuna) were both joint owners. The brother sold the land to the Government; the sister did not. Wini Kerei said, "Give me 1,000 acres, and I will cry quits."

The Minister: Then, practically, the Government bought from the wrong owners, according to that.

Mr. Graham: Well, they would not like to say that. Sir Donald McLean purchased the land. The brother sold, the sister did not. These are the facts of the case.

The Minister: The question is this: The brother sold 4,000 acres, and he only owned half and his sister half.

Mr. Graham: As you put it, you understand the Government bought 4,000 acres from the brother when the sister was a claimant. They say they were both in it. The brother sold and sold all his right, but the sister did not sell any right at all.

The Minister: Very well, then, the Government bought from the wrong owner.

Mr. Graham: They would not say they (the Government) bought from the wrong person. They simply say they bought from the brother, not from the sister.

The Minister: Well, I shall have to inquire whether the Government purchased from the right owner, and why they offered the £20.

Wini Kerei next addressed the Premier with regard to the block called Te Punga Maukau, Upper Piako and Waitoa district. He said the land known as Te Punga was sold or given to the late Sir Frederick Whitaker. Mauku belonged to Sir Frederick Whitaker. An arrangement was made with Sir Frederick Whitaker by which the Maoris gave up the Te Punga Block, and he was to return a portion of the Mauku Block owned by him. The acreage he was to give out of the Mauku Block was to be equal to what they gave out of the Te Punga Block. Since then the area out of the Mauku Block had been surveyed, and it had been found that the area was not equal to that which they gave to Sir Frederick Whitaker out of the Te Punga Block. That was the grievance—the shortage of the area out of the Moukau Block.

The Minister: The Government cannot interfere in the matter. If faith has not been kept with you, what has the Government got to do with it?

Mr. Graham: I would explain that this is a matter which really concerned the late Sir Frederick Whitaker. The cause was an error in the survey of the Mauku Block, and was no fault of Sir Frederick Whitaker or anybody else. It was presumed by all parties to contam so many thousand acres, but when it was resurveyed it was found there had been an error in the original survey. The Crown grant to Sir Frederick Whitaker was for 12,000, but when it was resurveyed there was an error in which the area did not pan out.

The Minister: The position, I take it, is this: There had been short measurement through a wrong survey. There is a guarantee fund; he can make a claim upon it to be reimbursed, but he should apply to the trustees of Sir Frederick Whitaker.

Mr. Graham: I understand he can appeal to them to give him what they bargained to give him in exchange.

Wini Kerei: The only reason I brought the matter before you was because my piece was larger than what I got back.