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Maori Deeds of Old Private Land Purchases in New Zealand, From the Year 1815 to 1840, with Pre-Emptive and Other Claims

[Introduction]

I now come to the third part of the subject—that is to say, the unsettled cases, in which I shall propose that some further provision be made—before proceeding to consider the question of a general measure.

Strictly speaking, there are only twelve unsettled claims arising out of purchases made by Europeans from the Natives. This statement, however, requires some explanation. I exclude in the first place from the class of unsettled claims those cases in which persons holding grants which have been duly called in by the Attorney-General have either failed to produce their grants for examination, or have not made any claim, or have not made any survey of their claims as the Act requires. I also exclude cases in which all that is wanted before the issue of the grant is the completion of surveys now in progress, or in which certain specified conditions have yet to be and will be fulfilled. I also exclude the Poverty Bay claims, which are unsettled not by reason of the default of either the claimants or myself, but which it is simply impossible to settle yet owing to the Natives' repudiation of their contracts under circumstances detailed in my report to the Governor dated the 24th February, 1860, printed at page 5 of this year's Sessional Papers, E.-No. 1, section 1 (Despatches). And, of course, I exclude claims which were, excluded by the Legislature and could not be investigated at all. Yet it is in this last class that the cases are to be found where, I believe, justice most requires some relief to be given. They are and will be to the end of time "unsettled claims" unless this be done; no Act which excludes them will ever lay their ghosts.

It would prolong this report to an unnecessary length if I were to state every case in which I think special provision should be made, or in which Committees of the Legislature have suggested relief. I propose, therefore, to take for illustration a few cases out of the three classes of Old Land Claims, Pre-emptive Claims, and claims not belonging to those series. And if (as I suppose will be done) it should be determined to refer the question generally to Committees of the Assembly, I shall be able to offer whatever further information in detail may be required.