NATIVE LAND AMENDMENT AND NATIVE LAND CLAIMS ADJUSTMENT ACT, 1916. REPORT AND RECOMMENDATION ON PETITION NO. 143/1915, RELATIVE TO SUCCESSION TO INTEREST OF TE RAIHI TE URI (DECEASED) IN MANGOREWA-KAHAROA 6e BLOCK.

Appendix to the Journals of the House of Representatives, 1920 Session I, G-06

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1920. NEW ZEALAND.

NATIVE LAND AMENDMENT AND NATIVE LAND CLAIMS ADJUSTMENT ACT, 1916. REPORT AND RECOMMENDATION ON PETITION NO. 143/1915, RELATIVE TO SUCCESSION TO INTEREST OF TE RAIHI TE URI (DECEASED) IN MANGOREWA-KAHAROA 6e BLOCK.

Presented to both Houses of the General Assembly in pursuance of Section 24 of the Native Land Amendment and Native Land Claims Adjustment Act, 7.9/6.

Native Land Court, Chief Judge's Office, Wellington, 2Gth May, 1920. Raihi te Uri (deceased) — Petition 143/1915. In forwarding a report of the Native Land Court dated 17th May, 1920, I make the following recommendation :— That legislation be introduced authorizing and empowering the Native Land Court to amend an order of the Native Land Court dated the 17th day of March, 1908, appointing successors to the interest of Eaihi te Uri (deceased) in respect of the Mangorewa-Kaharoa No. 6e Section 3 No. 2 Block, in such manner as shall seem just, with power to the Court (and the District Land Registrar as far as may be necessary) to make all consequential amendments in orders and titles affected thereby. Provided that no valid alienation (if any) shall be prejudiced by such amendment. R. N. Jones, Chief Judge. The Hon. Native Minister, Wellington. Office of the Waiariki District Native Laud Court, Rotorua, 17th May, 1920. Re Succession to Te Raihi te Uri (deceased) in Mangorewa-Kaharoa No. 6e Section 3 No. 2. Repokt upon Petition No. 143 of 1915, pursuant to section 24 of the Native Land Amendment and Native Land Claims Adjustment Act, 1916. An inquiry into this matter was held by me at Rotorua on the 15th instant, the same having been notified in the panui. There were present the petitioner, Rota Tumehe Honia, and Tauhu Kingi, representing the successors, other than the petitioner, appointed by the order of the L7th March, 1908. There were eight successors, and the only question is whether the petitioner was awarded his right share ; and it is quite clear from the genealogies given by both sides, and which are not in dispute, that he was not. The deceased died without issue, and it is not disputed that his right came from Patukiuo, who had three children. One of these lines died out, leaving the lines from Motoro and Kiharoa. The petitioner is the only descendant of Motoro's line, and should thus have one half-share, and the other seven successors are all from Kiharoa's line. The case first came before Judge W. G. Mair on the 27th February, 1908, and on the 29th of that month he made a succession order in favour of four persons, giving the petitioner his right share —viz., one-half. On the 17th March, 1908, one Tauhu Kingi appeared and asked to have other names added by consent of Rangimakino Hall, who was a successor under Kiharoa's line, and the order was altered by adding four more names (all of persons under Kiharoa's line), making eight in all, and by making all shares equal. At the hearing before me Tauhu Kingi explained that this arrangement as to names and shares was made by the descendants of Te Kapaiwaho (under the Kiharoa line), and he admitted that the petitioner, who had conducted the case previously, had not been consulted. He was prepared, as far as he himself was concerned, to admit that the shares were wrong in the amended order, but he could not bind the successors by that admission. However, there is not the slightest doubt that the petitioner should have retained his one-half share, and that there was no authority for the Court to cut down his share to one-eighth. I recommend that Parliament should authorize a rehearing of the case. Attached hereto is a copy of the minutes taken at the hearing of the case, and at the inquiry before me. Before partition Mangorewa-Kaharoa No. 6e Section 3 No. 2 contained 12,571 acres 2 roods, in which Raihi te Uri had 135 shares out of 12,558-J shares. I understand this is fairly valuable land. Dated at Rotorua, this 17th day of May, 1920. 11. P. Ayson, Judge. The Chief Judge, Native Land Court, Wellington.

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Succession to Te Raihi te Uei in Mangorewa-Kaharoa No. 6e Section 3 No. 2. Copy of Minutes. (1.) Rotorua M.B. No. 50, page 137. 27/2/08. (Judge, W. G. Mair.) Mangorewa-Kaharoa No. 6e Section 3 No. 2.—Te Raihi te Uri (deceased). Rota Tumeha (sworn) :He died July, 1906. No issue. Left cousin. I can give the relationship : — Patukino J Hinewaka Motoro Kiharoa Te Raihi. More Hinetokona Te Kapaiwaho I 1 Rota Tumeha. Haana te Wen. 1 think that this case should stand over until the other claimant can appear. — To stand over. (2.) Rotorua M.B. No. 50, page 146. 29/2/08. (Judge, W. G. Mair.) Mangorewa-Kaharoa No. 6e. Order in favour of Mere Hinetokona (1), Te Kapaiwaho (f.), Bru Nuku (m.), £; Heni Aporo (f.), f r ; Rangimakehu Hall (f.), -J-; Tumehe Honia (m.). \, (3.) Rotorua M.B. No. 50, page 205. 17/3/08. (Judge, W. G. Mair.) Mangorewa-Kaharoa No. 6e.—Te Raihi te Uri (deceased). On application of Te Tauhu Kingi, and by consent of Rangimakino Hall, the order made on the 29th ultimo is amended by the addition of further names, the full list being—Bru Nuku (m.), Heni Aporo (f.), Raihi te Kapaiwaho (f.), Te Wheoro Ratana (m.), Ngahuia te Kapaiwaho (f.), Wi te Wharemate (m.), Rangimakehu Hooro (f.), Raiha Ngakii (f.), and Tuineke Honia (m.). Shares equal. Rotorua M.B. No. 68, page 117. 15/5/1920. (Judge, H. P. Ayson.) Re Te Raihi te Uri (deceased) in Mangorewa-Kaharoa No. 6e Section 3 No. 2. Inquiry re Petition 143/1915, under Section 24 of the Native Land Amendment and Native Land Claims Adjustment Act, 1916. Rota Tumehe Honia for petition. Tauhu Kingi for successors already appointed by order dated 17/3/1908. (See Rotorua M.B. 50/137, 146, and 205.) Rota Tumehe Honia (sworn): Te Raihi te Uri died in 1906. Left no will. Ho left no issue. His right came from Patukino. I will trace : — Patukino I Hinewaka Motoro Kiharoa I I I Te Raihi te Uri Mere Hinetokona (the deceased). Te Kapaiwaho Others with issue, but I 1. Rota Tumehe Honia do not know them. 2. Others, but issue extinct. 1. Hana te Kapaiwaho 2. And others. Do not know names. lam in succession order for one-eighth share. I say I ought to get one-half. The shares in first order were right, but I was not present on the 17th March, 1908, when the Court altered the names and shares. Tauhu Kingi : No questions. Tauhu Kingi (sworn) : The successors were arranged by successors of Kapaiwaho. The land came from Patukino. I will trace :— Patukino L ____ I I I Hinewaka Motoro Kiharoa Te Raihi te Uri Mere Hinetokona Te Kapaiwaho (alone) (the deceased). | (Perhaps some dead) Rota Tumehe. Ratana Kapaiwaho Haana te Kapaiwaho Wi Keepa te Kapai- Te Raiha to Ngahuia te Kapai- Others dead (dead) (f., alive) waho (dead) Kapaiwaho (dead). waho (dead) (no issue). ' \ \ or | Te Wheoro Ratana 1. Eru Nuku Wi te Wharemate Putu. Others (no issue). 2. Rangimakehu Hooro (issue). 3. Neti fates 4. Raiha Ngakii 5. Heni Aporo 6. Tniliana And others. I admit shares are wrong, but I cannot make admission on behalf of my party.

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