G.—9

22

is this : Judge Bogan, in 1877, is asked to issue a memorial for the Owhaoko Block. He wires on the 29th October from Gisborne to Mr. Dickey, the Chief Clerk of the Native Land Court at Auckland, as follows :— Blease supply me with the names of owners for Owhaoko — large block containing 134,650 acres.—J. Bogan. Mr. Dickey replies as follows :— Auckland, 31st October, 1877. J. Bogan, Esq., Judge Native Land Court, Gisborne. Owhaoko No. 1 contains 28,681 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., Benata Kawepo, Ihakara te Baro, Karaitiana te Bango, Betimana te Bango, Noa Huke, and Hira te Oke.—A. J. Dickey. Now, it is clear that Judge Bogan may have issued orders without having any minute of them for Owhaoko No. 1 and Owhaoko No. 2 ; and if he has issued them he put in names that were only to be applicable to the large block Owhaoko. For Owhaoko No. 1 there were only to be three names according to the evidence given on the 16th September, 1875. The certificates purported to be dated on the 20th December, 1876. Mr. Woon may have altered the minute of the Ist December, 1876, in order to make the Minute-Book conform to a certificate that the Judge had issued, and then entered the minute of the 31st October, 1877, to decide the title to the larger block. Or it may be that the minute was altered some time after the Bth December and before the 20th December, 1876. But, whenever altered, it is clear that the minute is not a minute of anything that took place on the 2nd December, 1876; and the certificate stating that a decision was come to on Owhaoko No. 1 (School Reserve) and Owhaoko No. 2on the 2nd December is erroneous. Why the No. 1 (School Reserve) should have been issued without being rendered inalienable I am at a loss to understand. Nor is it apparent why there should have been six names in the memorials. Three persons have been added as owners who, so far as the evidence is concerned, have no title whatever to be declared owners. Referring now to what took place after the rehearing had been declined or withdrawn, and the case stated for the Supreme Court, I may say that the Natives still kept protesting, some of them writing so late as 1884 to the then Chief Judge of the Native Land Court. Mr. Macdonald minuted the papers that he " could not do anything." The application for subdivision of the land comes before the Native Land Court of which Major Mair is Judge. Notwithstanding that Owhaoko No. 1 is marked as a " school reserve," the Court, without any notice being given to the Government or the Education Department, proceeded to make orders for subdividing the land, the allocations made being as follows :— Owhaoko. —Benata Kawepo, 80,790 acres. Owhaoko A. —lhakara te Baro, Karaitiana te Bango, and Betimana te Bango, 40,395 acres. Owhaoko B. —Noa Huke, 13,465 acres. Oivhaoko No. I. —Benata Kawepo, 17,160 acres 2 roods 16 perches. Owhaoko No. Ik. —lhakara te Baro, Karaitiana te Bango, and Betimana te Bango, 8,580 acres 1 rood 8 perches. Owhaoko No. La. —Noa Huke, 2,860 acres 16 perches. Owhaoko No. 2. —Benata Kawepo, 81 acres 1 rood 16 perches. Oivhaoko No. 2a. —lhakara te Baro, Karaitiana te Bango, and Betimana te Bango, 60 acres. Oiuhaoko No. 2b. —Noa Huke, 40 acres. The orders were made, as I have said, without any reference to the 28,000 acres being a school reserve. In fact, it was treated, though marked "school reserve" in the memorial, as if it was the private property of the six Natives ; and, according" to the decision of Judge Mair, the 160,000 acres has been divided amongst the Natives as I have pointed out.