NATIVE LAND CLAIMS ADJUSTMENT ACT, 1913: REPORT AND RECOMMENDATION ON PETITION No. 46 OF 1913, HAKI AMOPO AND ANOTHER, RELATIVE TO KAWHIA A, R, S, W. AND M BLOCKS (KAREWA TOWNSHIP).

Appendix to the Journals of the House of Representatives, 1915 Session I, G-06d

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1915. NEW ZEALAND.

NATIVE LAND CLAIMS ADJUSTMENT ACT, 1913: REPORT AND RECOMMENDATION ON PETITION No. 46 OF 1913, HAKI AMOPO AND ANOTHER, RELATIVE TO KAWHIA A, R, S, W. AND M BLOCKS (KAREWA TOWNSHIP).

Laid on the 'ruble of the House of Representatives pursuant to Act.

Sm, — Native Land Court (Chief Judge's Office), 7th July, 1914. Section 2 of the Native Land Claims Adjustment Act, 1913, provides — (1.) That the Chief Judge is authorized to refer to the Court for inquiry and report the petitions set out in the schedule to that Act. (2.) Upon such report the. Chief Judge is to make such recommendations to the Minister as appear to accord with the equities of such case. 1 have the honour to enclose the Court's report upon one of such petitions as referred to the Court by mo pursuant to the above-named Act —namely, the petition of Hake Amopo (No. 12) and others. In this matter 1 have the honour to make the following recommendation to you, namely, that this title should not, be reopened. Jackson Paluku. The Hon. the Native Minister, Wellington. Chief Judge.

In the matter of the Kawhia A, ft, S, VV, and M (Karewa Township) Blocks; and in the matter of a reference by the Chief Judge in terms of section 2 of the Native Land Claims Adjustment Act, 1913, to the Court for inquiry into the petition of Tema Pouwharetapu Kawene and another. Sir,Referring to the above matter, 1 have the honour to report as follows :— -■ Petitioner appeared before the Court at Ngaruawahia on the sth day of June, 1914, and briefly stated the reasons for his petition. The petition was opposed by three persons, who also briefly stated their grounds of objection. After hearing all parties I am satisfied that the petitioners on their w/haka-papa are entitled to share in the above blocks. That they were alive at the time of the investigation of the Kawhia Block as a whole is an indisputable fact. lamat a loss to understand, however, why the father (Pouwharetapu) of the petitioners, who was one of the leading Natives in the Kawhia Block, and who undoubtedly took a principal part in bringing the block before the Court, should have omitted two of his own children. It would appear that there was some well-founded reason for doing so, but what that reason is I have been unable to discover. I am not satisfied that the reason alleged by the objectors is the real one. If this petition is granted and the titles are disturbed by the inclusion of the petitioners similar petitions will be lodged, as there are many Natives who were children at the time the Kawhia Block was investigated and who were omitted from the title. I have roughly calculated the acreage the petitioners would be entitled to were their petition granted : In Kawhia W, about 3| acres each; in Kawhia A, about 3§ acres each; in Kawhia R. (1 no right); in Kawhia M, about 1J acres each; in Kawhia S, under 2 roods each. The above blocks have been divided, and I am not prepared to say into which, if any, of the divisions petitioners should go. I attach copy of minutes taken at inquiry. The Chief Judge. Native Land Court, Wellington. A. 3. Holland. Judge.

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Extract from Mercer Minute-book No. 18, Page 351, Kawhia S, A, and W Blocks and Kawhia M Township. Reference under Section % of the Native Land Claims Adjustment Act, 191 S. Tema Pouwharetapu : I appear in support of the petition. I ask that the names of myself and Haki Amopo be included in the title to above blocks. All four lands were awarded through Te Makaho. We were direct descendants of Te Mukaho, and were alive at the time when the blocks were investigated. Our mother and sister are owners in this block. We were apparentlyforgotten from the list of names. Te Makaho = Kahutaiki I Matire = Wi Hikairo Jj Pouwhare = Te Amopo Te Aomangi Te Ahurei I _J . Te Atatu Haki Tema Ritihia = Tahuri Mamae = Moke Papa Pahi Papa is included in the title, so is Ritihia, who was of N'Hourua and N'Mahanga, Pahi Moke is also included. I contend that we are both entitled to share in the land. The Chief Judge could not include us in the title, but said we were entitled to come in, and advised us to petition Parliament. Kanokano Pohepohk, Tb lUuhinga Pikia, Waata Pumipi : All object to Tenia's application lor inclusion. Kanokano Pohepohb : Pouwharetapu, Hone Kaora, and Tahuri were the persons who fixed the lists. Pouwhare was not likely to forget his own children. These people were left out on purpose. Ido not know the reason. It was Pouwhare who left Haki and Tema out and included Te Atatu. it was perhaps because Tema and Haki were only children that they were left out. Some of the owners of Kawhia A and W have sold. Why should these children share in what is left? Te Rauhinga Pikia : When these blocks were investigated it was arranged that Te Atatu should take her mother's lands, and that Tema and Haki should take their father's lands. 1 cannot give any lands in which Haki and Tema have been included and Te Atatu excluded. I think Pirongia was one of these blocks in which Tema and Haki were included and Te Atatu excluded. Waata Pcjmipi : Tema and Haki are entitled to share in the land. Pouwhare stated in meeting that the girls of the family should share in the mother's land and the boys in their father's land. Pouwhare himself left out the two children. I can give no instance in which Pouwhare carried out his stated intention except in Kawhia Block. I have many children of my own who were born at the time when the block was investigated, who are not included in the title : they are rightfully owners. Tema Pouwharetapu (in reply): All parties who have spoken admit that we are entitled. Statements made by others are incorrect; they cannot be proved by one instance. I would ask the Court to include our names in the title.

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