No. 93.
Mr. Commissioner Swainson to the Hon. the Native Minister.

The private leases and agreements between Native owners, or, at all events, claimants, of small allotments in Te Aro and Pipitea Pas are increasing to such an extent that I think it my duty to call your attention thereto, and beg to offer a few suggestions as to the best means of preventing points of law (which may affect the Native title in, the first place, and Europeans' right of occupation in the second) being brought to bear against either party.

The case stands thus: Te Aro and Pipitea Pas are guaranteed to the respective tribes by Colonel McCleverty, not as under the general arrangement of an exchange for other lands.

I think that impartial men of both tribes consider that these pas are held by them under a sort of supervision of the Government—i.e., that in cases of dispute the Government have a perfect right of page 47interference. No special subdivision of these pas has ever been made, so far as title is concerned. About seven or eight year ago the resident Natives employed a private surveyor to undertake this work, but his plans are, and will be, continually liable to dispute by those who were not present at the time of survey. These Natives have ample opportunities of letting their small pieces with considerable advantage to themselves, but it ought to be done on some system; not to allow a single individual, on his own word, to claim and lease without others, who may have an equal right, being made aware of the transaction.

I would beg to suggest the following plan for the consideration of the Native Minister: (1.) That the Government should call upon or request all Native claimants (or half-castes) to lands in the two pas in question to assemble and state their claims. (2.) In this case the provisions of the Intestate Native Succession Act might be made use of, as so many of the original holders are dead. (3.) That if possible the very irregular shape of the claims should be adjusted and made as rectangular as possible, but of course with due regard to the size and value of the original claim. (4.) That when this is done grants be made from the Crown to those whose claims are substantiated.

I think some such plan might at all events be attempted with success at Pipitea, which has been so long unoccupied by the Natives—in fact there is only one resident on it. Its only use to them is the annual rentals which might be obtained from it, and its excellent situation would insure its speedy occupation.

In the case of the portion of the Te Aro Pa occupied by Marangai's party, the Government will eventually have to step in, and finally settle the disputes which almost daily arise.