Herbert S. Wardell, Esq., R.M., to the Native Secretary.

In obedience to His Excellency's request conveyed in your letter of the 3rd ultimo, I have made inquiry into the case of disputed boundary at Porirua, and have now the honour to report thereon.

On receiving the necessary preliminary information, which was very readily afforded by the Crown Lands Commissioner, I visited Porirua and had an interview with the parties concerned. I found a Mr. Stevens in possession of certain land which he contended he had purchased of the Crown, but which was claimed by Natives as part of the land reserved at the time of the sale of the district, and they produced a rough map of the reserves signed by Sir George Grey, a tracing of which (marked A) I enclose for your information. In explanation of this map, I enclose (B) a copy of the translation of the deed of sale, certified by Colonel McCleverty, on the map of the district in the Provincial Survey Office.

Having visited the land in dispute in company with Mr. Swainson, District Surveyor, I find that Mr. Stevens is undoubtedly occupying part of the land reserved by the Natives, and I have indicated the position of the land so occupied by him by an asterisk on the tracing (Enclosure A). This difficulty appears to have arisen partly from a mistake in the survey of the stream forming the boundary of the Native land, which made Section 25 (that purchased by Mr. Stevens) appear to contain more land than it really did, but chiefly from Mr. Park, the then Provincial Surveyor, having given Stevens for his western boundary "a line equalizing the stream," instead of the stream itself, in consequence of which Stevens has occupied land on the Natives' side of the stream.

Mr. Swainson's letter (Enclosure C), together with the tracing of the map from which Stevens's selection was made (Enclosure D), will put you in possession of the circumstances under which the survey was made for Mr. Stevens, and their result. On the tracing you will observe the correct position of the stream laid down, and the extent to which the line which Mr. Park gave as an equalizing one encroached on the Native land. As, however, the stream has always been the boundary of Section 25, and as Mr. Stevens's application for land is for "Section 25, about one hundred acres," and afterwards "for the remainder of Section 25," the land on the opposite (western) side of the stream has not been sold to him. Whether he is entitled to compensation for any mistake into which he may have been led by Mr. Park giving him a line as his boundary instead of the stream, it is not for me now to express an opinion, but I may state that he has cleared about thirty acres of land, and erected some rough buildings and about one hundred chains of bush fencing. All this is done on Native land.

The Natives have repeatedly complained to Stevens of his occupying their land, but he appears to have considered that he was not bound to pay any attention to their remonstrances unless it came through the Government, and it was only on their absolutely preventing him from doing more work on their land that he applied to the Crown Lands Commissioner on the subject. The Natives were very anxious that Mr. Stevens should immediately remove from their land: as to do so would be attended with much inconvenience to Mr. Stevens, I arranged with them, subject to His Excellency's approval, that they should receive the sum of £10 if they allow Mr. Stevens to remain in peaceful possession until the 31st December next. They profess to value Mr. Stevens's clearing, &c., very lightly, as they say it has all been done against their protest.

Enclosure B.
[ Translation.]

These are the lands that are given up by us to the Governor, beginning at the boundary formerly laid down to us by Mr. Spain at the Kinapora, running to Porirua, Pauatahanui, Horokiwi, extending as far as Wainui; then the boundary takes a straight course inland to Powaha, running quite as far as Pawakataka. There are three pieces kept in reserve for us of the land that is given up by us to the Governor. One of these, beginning at Te Aratawa, running in a straight line inland; then it crosses and comes out at the house belonging to Mr. Jackson, running along the water edge; the other boundary comes as far as Waitawa, and runs straight along the water edge till it reaches Te Aratawa. We have likewise this again in reserve, the boundary of which runs from Jackson's house until it reaches the creek on the side of the cultivated garden of Te Hiko; then it runs straight along that river, running straight along the back of the ridge, then breaking out again to the waterside at Papakohai, a little outside of the settlement at Ohau. We have this again in reserve, the boundary of which begins at Tawitikuri, running along the ridge until it reaches the mountains above the Paripari; then it runs along the ridge to Wainui, and it then descends into Wainui River; it then runs straight along that river to Pawaha, running to Pawakataka; the part outside this boundary we still retain as ours. If any of our cultivations that are above Taupo should fall within the boundary of the Governor's land they are to be returned to us. The payments for these lands are these: £2,000 in money—£1,000 to be given to us on the 1st day of April, 1847; £500 on the 1st day of April, 1848; and £500 on the 1st day of April, 1849; which, being added together, makes £2,000, which concludes the arrangement.

Enclosure C.

In reply to your letter of the 27th instant, requesting me to inform you what instructions were given to Mr. Macmanaway from this office, relative to the private survey he made of Section No. 25, Takapu District, I beg to give the following information, so far as my memory will permit:—

On Stevens purchasing the said section, he employed Mr. Macmanaway to survey it for him, and Mr. Park, then Provincial Surveyor, instructed him, I believe, as follows: To commence the dividingline between Sections 101 and 102, at Porirua, and cut this line with a certain bearing, first a distance of 59 chains, which distance would, according to the map used in this office and considered correct, have brought him to the stream forming the boundary between the Native and Crown land; then with another bearing, starting from the said point to cut the division-line between Sections 25 and 28, Takapu District, a distance of 6,180 links, bringing him to the New Zealand Company's line of road through the district which forms the eastern boundary of No. 25. To determine the western boundary— the one now in dispute—he was to measure 550 links from the above-mentioned point at 59 chains, and then lay off an equalizing line along the general course of the stream with a certain bearing, as shown in the plan laid before him, and which line ought to have crossed and recrossed the stream several times, sometimes half a chain on one side and then again two or three on the other side.

That the two former portions of his instructions were carried out I have no doubt whatever; but when he found, upon commencing the equalizing line, that there was no stream—in fact, that no stream had been crossed at the 59 chains—I should certainly consider it was his duty, or that of any other surveyor, to have at once reported the case to this office.

I have confined myself entirely to the question of Mr. Macmanaway's instructions, but intend making a more lengthened report on this case to his Honour the Superintendent.