Page image
Page image

G.—6k

2

Native Land Court, Gisborne, 18th April, 1920. Hereheretau No. 2, and Succession to Wiripine Makaia, sen., llarawira te Rea, Ilariata le Umu. In accordance with your reference under subsection (1) of section 34 of the Native Land Amendment and Native Land Claims Adjustment Act, 1919, I inquired into the Petition No. 207 of 1916, of Wiripine Makaia, jun., with regard to the above matter, at the sitting of the Native Land Court at Wairoa on the 9th February last. I beg to report that the facts as set out in the petition arc substantially correct, viz.:— 1. That Wiripine Makaia, sen., and Hariata te Umu, or Puaha, were sisters, and that Harawira te Rea was their half-brother. 2. That Wiripine M'akaia, sen., died on the 15th June, 1893, and Harawira te Rea on the 10th August, 1894. 3. That on the 13th September, 1894, orders were made appointing Ilariata te Umu as successor to the interests of Wiripine Makaia, sen., in the following blocks, viz.: Hereheretau No. 2, Kahaatureia A, Mangapoike No. 2. 4. That on the 26th August, 1915, orders wen; made appointing Wiripine Makaia-, jun., the adopted child according to Maori, custom of Wiripine Makaia, sen., as successor to the interests of the same deceased —viz., Wiripine Makaia, sen.- —in Hereheretau B 2, Hereheretau B 3, Hereheretau B 11. 5. That on the 2nd May, 1899, an order was made appointing Hariata te Umu as successor to the interests of Harawira te Rea in Hereheretau No. 2. 6. That on the 7th October, 1911, orders were made appointing Te Rauna Hape the registered adopted child of Hariata te Umu, as successor to the interests of Harawira te Rea in Hereheretau B 2, Hereheretau B 3, Hereheretau B 11. 7. That on the 28th November, 1911, orders were made appointing the said Te Raima Hape as successor to the interests —including the interests she acquired as successor to Wiripcne Makaia (No. 4, ante) and Harawira te Rea (No. 5, ante) —of Hariatau No. 2_, Kahaatureia A, Mangapoike No. 2d. 8. That the Native Appellate Court, in judgments delivered on the 22nd and 24th August, 1912, on appeals against the orders appointing successors to Wiripine Makaia, sen., Harawira te Rea, in Hereheretau Nos. B 2, B 3, and B 11, decided— (a.) That Wiripine, Makaia, jun., was the adopted child of Wiripine Makaia. sen., and as such was entitled to succeed to Inn- interests. (6.) That the right of Wiripine M'akaia, jun., to succeed was a vested right existing at the time of the coming into operation of the Native Land Act, 1909, and that section 161 of that Act did not affect such vested right. (o.) That the estate of a Native dying before the coming into operation of the Native Land Act, 1894, vested in his rightful successors as from the date of his death, and thai; the succession order is merely the Court's recognition of his right—that is, legal evidence of the successor's title. It follows from these, judgments as alleged by the petitioner— 1. That the orders (No. 3 above) made on 13th September, 1894, appointing Hariata te Umu as successor to the interests of Wiripine Makaia, sen., in Hereheretau No. 2, Kahaatureia A, Mangapoike No. 2 arc wrong, and that the proper successor to the said interests is Wiripine Makaia, jun., the petitioner. 2. That the order (No. 5 above) made on the 2nd May, 1899, appointing Hariata te Umu as sole successor to the interest of Harawira te Ilea in Hereheretau No. 2, and the orders (No. 6 above) made on the 7th October, 1911, appointing Te Rauna Hape as successor to the interests of the same deceased in Hereheretau 82, 83, and 811, are wrong, inasmuch as the rightful successors to the interests of the deceased at the date of his death were Hariata te Umu (his sister), and Wiripine Makaia, jun., the adopted child of the other sister, Wiripine Makaia, jun., the adopted child of the other sister, Wiripine Makaia, sen. It was stated by Mr. Mitchell, who appeared for the petitioner, that the whole of the interests of the throe deceased persons in Hereheretau No. 2 have been sold to the Crown by Te Rauna Hape, the person appointed successor by the various orders of the Court now objected to. Jas. W. Browne, Judge The Chief Judge, Native Land Court, Wellington.

Approximate Cost of Paper. —Preparation, not given; printing (150 copies), £3 10s.

Authority : Marcus F. Marks, Government Printer, Wellington.—l92o.

Price 3d.]

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