95

G.—7

I runga i nga korero katoa i whakapuakina mai mo tenei tono, ko te Kaitono whakawa c mea ana, c toe ana ano tetahi waahi o tenei whenua ki a ratou ki nga tangata Maori. Ko te Kaikaro whakawa c ki ana kaore rawa he toenga o taua whenua ki nga tangata Maori, kua riro katoa i a ia he mca hoko hei utu mo nga taonga i nama c Karauria. Na ko taku whakaaro, kaore au i marama ko ta wai o a raua kupu c tika ana. Tamehana Pekapeka, Kaitono. Ko te tono a Tamehana Pekapeka i tuku mai ai ki nga Komihana, he whakaatu mai ko te kupu i rongo ai ia i he wa i tuhi ai ia i tona ingoa kite pukapuka o taua whenua he pukapuka tuku reti. No muri noa iho katahi ia ka rongo, he pukapuka hoko. I te wa i whakaaturia ai nga korero a tetahi taha a tetahi taha ka kitea, c mea ana te Kaitono whakawa kaore ano ia i tuhi noa i tetahi pukapuka hoko mo tona waahi o taua whenua ki a Miini (B. D. Maney). Ko Miini c ki ana kua tuhi pukapuka hoko te Kaitono whakawa engari kaore rawa ana moni (a te Kaikaro) i hoatu ai kite Kaitono whakawa hei utu mo tona waahi, i riro katoa hei utu mo nga nama & Karauria. Ko taku whakaaro he tika te ki a te Kaitono whakawa kaore ano tona waahi i riro noa te hoko, kaore ano hoki ia i tuhi i tetahi pukapuka hoko. E mea ana a Matene Hemara, Kaiwhakamaori, i marama ano te Kaitono whakawa ki nga tikanga o te pukapuka hoko i he wa i tuhi ai ia i tona ingoa ki taua pukapuka. Xi taku whakaaro, kihai i marama i te Kaitono nga tikanga o tana Pukapuka, ma hoki na Karauria ke te roanga o nga korero kite Kaitono. Wikemtt Hikaieo, Komihana.

REPORT on CASE No. XXII. Te Kiwi. —Erihi Whakina and 12 Others, Complainants. The complainants in this case are thirteen ; Erihi Whakina is one of them. The said Erihi did not appear before the Commissioners ; but Ahipene Tamaitimate and Petera Whakahoro stated the case of the complainants. Those people complain against a European named "William Couper, because certain conditions agreed upon for the lease were not carried out by that European. This land is in the district of Wairoa, Hawke's Bay, and a Crown grant has been issued by the Native Land Court for the same to ten persons. This laud was leased by the grantees to that European for twenty years, at an annual rental of £15. The first agreement to lease was written in Maori, and contained a condition to the effect that the European and the grantees should have equal rights over the land, and all things thereto belonging; and when that deed was written out, and its contents read over to the ten grantees, they all consented and signed their names to the deed, which was then given to the European. The deed was translated into English, and the translation given to Ahipene Tamaitimate, which translation was produced by the said Ahipene during the hearing of this complaint. Complainants stated that they had no trouble whatever with that European during the time of the existence of the lease, which was written in Maori, although the European was long in possession. There was a great deal of evidence given on both sides in this case, and our opinion thereupon is: —• 1. The complainants were not justified in complaining against William Couper, because there was no trouble between him and the Maoris during the time that the lease in Maori was in force, notwithstanding that he had long been in possession. 2. The proper person against whom the complaint should have been made was the person who interpreted the second deed. 3. The trouble between William Couper and his Maori friends was caused by George Worgan, licensed interpreter, because he instructed the lawyer to prepare the second lease, and he also took it from Napier to Te Wairoa to get the signatures of the Maoris ; he also told the Maoris that that was a document authorizing £10 for the surveyor. 4. We believe all the statements made before the Commissioners against that interpreter in respect of this complaint, because, with reference to his declaration on the lease, it was, after much questioning, elicited that he did not witness all, but the names were affixed by other persons. 5. The said lease should be declared null and void. Wibemtj Hikaieo, Commissioner. Wiuemu Te Wheobo, Commissioner. No. XXII.—Te Kiwi.—Erihi Whakina me etahi atu 12, nga Kaitono. Ko nga Kaitono i tenei whenua Ida whakawakia tekau ma toru ko Erihi Whakina tetahi o ratou. Ko taua Erihi, kaore i tae mai kite Kouti, engari ko Ahipene Tamaitimate raua ko Petera Whakahoro nana i whakaatu mai nga korero mo ta ratou tono. Ko te tono a taua hunga c whakahe ana ki a Wiremu Kupa, Pakeha mo nga tikanga i whakamana c taua Pakeha. Ko tenei whenua kei te takiwa kite Wairoa Nepia. He piihi whenua tenei kua whakaputaina he Karaati ki nga tangata kotahi tc kau c te Kouti Whenua Maori. 11— G. 7.