THE LAND DISPUTE IN HAWKE’S BAY.

Globe, Volume XXIII, Issue 2297, 13 August 1881, Page 3

THE LAND DISPUTE IN HAWKE’S BAY.

[PEESB ASSOCIATION TBLBGEAM.] WELLINGTON, August 12.

The following ia the report read in the House to-day of the Native affairs committee relative to the disputed land at Mr Harding’s, Mount Vernon, Hawke’s Bay :—“ That the piece of land claimed by the petitioner ia an area about twenty and a-half acres In 1851, Mr Pelichet made a survey of the block in which the reserve, of which this forms a part, lies. His maps and survey notes are still in existence. The Native reserve seems to have been continuous with the then first line, and was thus necessarily very irregular, and afterwards what is called a igive and take line was adopted, which, on the whole, was considerably in favor of the Natives. After this time the Maori interests were sub-divided, and the hapu that then received the portion opposite Waipawa found that the line of Mr Peliohot’s was more favorable than the new line. There seems to have been no dispute for some years, not, in fact, until Mr Harding, the present legal owner, took possession under hie Crown grant. The Natives then set up tl eir claim as actual possessors, and also that the lines on the Crown grant did not represent the lines of the survey by which they had sold. A blunder in the Survey Office complicated the matter. A piece of land, 5a Or 28p, that seems to have been within the original Native reserve, was included in the Crown grant, whilst upon the other portion, 15a Ir 24p, the Natives seem from an early period to have resided, evidently believing it was theirs, and bad not been sold to the Crown. Mr Harding is not the origin?! grantee, but is owner by purchase. Finding that he could not get peaceable possession of property which was legally his, he applied to the Courts for redress, and got an order to be put in possession. This order is of no practical value to him, ev the Sheriff cannot execute the writ. In December, 1875, Mr Sheehan, then acting as counsel for the Natives, agreed, in writing, that on condition that Mr Harding would withdraw certain actions then pending, their portion of the taxed costs would be paid and possession of the lands given. The Natives declined to recognise this agreement. In March, 1880, the Native Minister (Mr Bryce) made an offer to the Natives of £2OO to cancel their alleged rights, and got a promise from Mr Harding that they should have six months given them to remove their houses, &0., and this would have been the most satisfactory way to settle the dispute, but unfortunately the Maoris refused the offer. There seems to bo two courses open—one is for the Government to seek possession of that small piece to which they seem to have a title, and at the same time to put the law in force in ejecting them from the remainder. In this case Mr Harding would bo entitled to compensation for the loss of that portion of the land included in the Crown grant, and also for the expenses he has been put to in maintaining his right. The other coarse would be to take by Act of Parliament the whole of the land in dispute, and pass so much of it as may be necessary by grant to the Maoris, and give Mr Harding compensation—(l) For the freehold (2), for disturbance, and (3) for costs in maintaining the validity of his title. In either esse, before giving any title to the Maoris a clear and explicit arrangement should be made that all further annoyance to Mr Harding should cease. As it appears that the Crown grant was issued in error, the committee recommends that the second alternative proposed should be adopted as a basis of settlement. The committee recommend that this report should be passed to the Government for immediate consideration and action.