Page image
Page image

I.—B

18

distribution as the Chief Judge shall think fit; and shall be inserted in the Kahiti, in the Maori language, and in the Gazette of the province in which the land affected is situate in the Maori and English languages." What is the notice that is sent to the Gazette ? How were the notices prepared which were sent to the Gazette ? —They were prepared in the Chief Judge's Office in Auckland. 230. But what were they?-—They were prepared in the Chief Judge's office in Auckland. 231. What was the notice sent to the Gazette ? Was it a special notice ? —I understood that it was a notice prescribing claims which were sent in to the Native Land Court Office, which were to be gazetted for the ordinary Courts—that it was a mere copy of the notice which was to be called upon at the time that the Court was to sit. 232. I want to call your attention to these notices. The notices were sent out to the District Officers. Well, then, was it a paper sent to the Gazette with the notice you had sent out to the District Officers ?—As far as I apprehend the matter, the two notices were one and the same thing. I never drew out a notice myself in my life. 233. Mr. Holmes.] Do we understand that the notices sent to the Gazette were actual copies of the notice sent to the Chief Judge?— Yes. 234. But that is on the 9th August, and the other is dated the sth September ?—Yes—that is, Auckland, the 9th August. The Chairman : I suppose he means that it would be a substantial copy. 235. Mr. Bell.] Now, you sat as the Judge of the Native Land Court upon the investigation of Kaimanawa-Oruamatua and the Owhaoko Blocks on the 16th September, 1875 ?—Yes —as one of the Judges. 236. Who was the other Judge?— The Assessor, Hone Peti. 237. You will see the minute-book at page 3, in reference to the Kaimanawa-Oruamatua, on the 16th September. You have read Sir Eobert Stout's memorandum, and it gives the evidence of Eenata Kawepo and Noa Huke apparently correctly does it not ? —Yes. 238. Sir Eobert Stout says, " It seems to me peculiar that a Judge should, knowing that there were other owners of the land, have, without their consent, stated that he would order a memorial to be issued to the people present " ?—After the evidence of Noa Huke objectors were challenged. Te Hapuku came forward and said there were no objectors to the claim put forward, and Meihana said there were no objectors on his side. Then the Court stated " that when the map, which is now on the way from Auckland, comes to hand—a tracing only being before the Court—a memorial of ownership will be ordered." 239. Now, I wish to put this to you : Do you know where Eenata was living at the time ?—At this time ? 240. Yes, at the time of the sitting of the Court ? —Well, I have a good idea. I cannot tell you the name of the place, but it is about nine miles from Napier. 241. Do you know where Noa Huke was living ? —I think he was living at Napier, at the same place as Benata Kawepo. 242. Then you had before you the evidence of two Napier natives and the statements of Te Hapuku and Meihana to the effect that there was no objection to the order?— Yes. . 243. Will you refer to Noa Huke's evidence. You observe that he stated that there were other owners with him, and that he was aware of them?— Yes. He said, "I have been on this land. There are Natives who are not present who have a claim. The people now living on the land have a claim. About twenty people—men, women, and children—are living on the land. Three of the people are Kaumatuas—namely, Matiu Taruarau—the others are included in Eenata's list." 244. How did that evidence come out ?—By questions put by myself. 245. Why did you put questions ? —Because it was necessary for me, as Judge, to ascertain some information about the particular block of land that I was adjudicating upon. 246. You ascertained from Noa Huke that there were Natives not present who had claims ? —Yes—about twenty. 247. Why, then, did you say that the memorial of ownership would be ordered? To whom did you mean to issue a memorial of ownership ? —To all those whose names I could obtain from the witnesses in writing. 248. You had obtained some names from Eenata ? —I had some from him, and some from Noa. May I say that, with regard to this question, it was I who fixed these twenty Natives on this particular piece of land of Kaimanawa, as seen by the question I asked Noa, " Are there any people living in this neighbourhood or on the land ; " and he said " Yes—about twenty." 249. Why did you not put twenty in the memorial ?—Because neither Noa nor Benata would give me the names of these people. 250. Did they tell you why they refused to give you the names ? —Benata was the chief, and just immediately after Noa gave his evidence Eenata came forward. It is just possible I would have obtained them from Noa, but Eenata said, " That is sufficient. We have an arrangement among ourselves about this land, and there are others living on the land; but that is sufficient for us. Those are the names that we have decided upon to put in this block." 251. Hon. Sir R. Stout.] That is not amongst the minutes? —No. 252. How do you know this, then ?—I can remember this. I have a distinct recollection of it. It would have been very easy, as Judge, for me to write these down if I could obtain them. 253. Were you satisfied to leave these people out of the memorial—that is, all those whose names you had not got ?—When we arrived at this point I believe—l have not a very distinct recollection, but I think the Assessor, Hone Peti, was on my right hand. He is a very able man, who understood Maori thoroughly, being a half-caste. I said to him, " What about this, Hone Peti?" He said, " You have got all the names which these chiefs will give you. They will not give you any more. Then, order this memorial; because Eenata is a chief of great responsibility, and if he makes any mistake the mistake will be his, and the responsibility not ours."

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert