5

G.—9

people living on the land who had claims to it. It is important to notice that Eenata himself only purported to give what are called the " principal owners." It is also to be noticed that in the list of principal owners the two persons who were associated with Eenata Kawepo in making a claim to the land were omitted. There is a minute as follows :— The Court stated that, although this is a large block of land, there was evidently no objection to Eenata's claim; but, on the contrary, when objection was challenged, some person had stood up to substantiate his claim: and as soon as a correct plan was produced an order would be made— —that Eenata was to get' the land. There is added in the margin "Additional names given in by Eenata Kawepo —Noa Huke and Te Hira te Oke." So far, therefore—that is, up to the Ist August, 1876— no order was made, and practically no judicial decision given regarding this block. The next that appears in the minutes of the Native Land Court book relating to the block is an entry headed " Owhaoko, see page 136." This is on page 413 of the minute-book; and it appears in a very peculiar position in the minute-book: the words " Court adjourned " seem to have been struck out, and the entry " Owhaoko " is in different ink, and must have been written after the minute-book had been written up for Friday, the Ist December, and the words "Court adjourned" entered. There also appear on the heading of the next page the words, " Saturday, 2nd December, 1876." There is another entry of "Court adjourned" on page 414; and at page 417 there is an entry which is continued from page 414. On page 417 there is entered, — Owhaoko : No order. Map to be altered and put into Court. See next page. Now, this entry must have been made after the adjournment of the Court on the 2nd December, 1876, and some time afterwards too. And it must have been made when the Court was not formally sitting, because the Court next sat on the 20th December, 1876. One telegram appearing on page 418 is dated " Gisborne, 7th December, 1876," and is from Judge Eogan to Captain Heale. Now, as the Court had been sitting at Porangahau on the Ist and 2nd December, and as Judge Eogan had reached Gisborne, at all events, on the 7th December, it seems that these minutes must have been entered —very probably by Judge Eogan's directions—when no Court was sitting, and are therefore of no legal validity. I shall, however, have to refer at greater length to these minutes before I conclude my memorandum. After this matters appear to have rested for many months. On the 29th October, 1877, Judge Eogan wires from Gisborne to Mr. Dickey, of the Native Land Court, Auckland, as follows :— Please supply me with the names of owners for Owhaoko, large block, containing 134,650 acres. On this telegram Mr. Dickey minutes Mr. Hammond, — Please make out a list. If not too many, I will telegraph them. And Mr. Dickey then sends the following telegram : — Auckland, 31st October, 1877. Judge Eogan, Native Land Court, Gisborne.—Owhaoko No. 1 contains 28,601 acres; No. 2, 181 acres 1 rood 16 perches. No order made for a block containing 134,650 acres. Names for Nos. 1 and 2 are the same—viz., Eenata Kawepo, Ihakara te Earo, Karaitiana te Eango and Eetimana te Eango, . Noa Huke, and Hira te Oke. Mr. Dickey having stated that there had been no order for the large block containing 134,650 acres, Mr. Woon enters, at page 446, signing himself " Secretary to Judge Eogan," the following minute :— 31st October, 1877. It was ordered that a memorial of the ownership of Eenata Kawepo, Ihakara te Earo, Eetimana te Eango, Noa Huke, Hira te Oke, and Karaitiana te Eango of a parcel of land at Patea, in the District of Wellington, con-