ANCESTRAL RIGHTS.

Auckland Star, Volume XLVII, Issue 54, 3 March 1916, Page 2

ANCESTRAL RIGHTS.

MAOBI SQUATTERS AT NOBTHCOTE. AT THE ROMAN CATHOLIC RESERVE. The Maori way of squatting down on a piece of land that appeals to them as a handy place to live, and of endeavouring to establish »■ hereditary right there by alleging that the spot was once tho sitting-down place of some long-dead ancestor, is causing some trouble at the Roman Catholic reserve at Northcoto. Some half a dozen brown-skinned squalors have spread out their mats in odd corners of the reserve, and cheerfully smile at the pakeha warnings to go away, continuing to smoke the pipe of peace and the cigarette of content, to murmur "Taihoa" and to passively remain in possession. Three of "these squatters, Wi Repa Hitaraka, Rawiri Puhata and Mrs. Paki. were summoned to appear at the Magistrate's Court on a charge of trespass and refusal to leave when warned.

Mi-. R. McVeagb, for the complainant, stated that the property in question, 2-23 acres in the Takapuna survey district, was granted in 1850 to the then. Roman Catholic Bishop of Auokland,'in trustfor the Church, for the eventual' cstab-* lishment there of a school. The present Bishop was the trustee of the property now, and it had been decided not to allow 'any encroachment on the property that might by residence eventually ripen into n legal right. Several natives had squatted on different parts of the property, and among them (here was possibly only one who might have any colour of right. Edward C. Blorafieid produced the copy of a Crown grant transferring the property to the Roman. Catholic Bishop of Auckland in trust in 1850. Witness had received instructions recently to give notice to leave to such natives "as were squatting on the property. He found the old man Rawiri Puhata and his wife in possession of a house and orchard that had been some years ago placed on the property; at another place Wi Repa, a young man, had appropriated three sections unto himself: and Mrs. Paki, at yet another place, had taken possession of a house and section. All these 1 places were fenced. When warned to they declined, saying they would wait till the matter went through the Court. In reply to the old man Rawiri Pnbata, who conducted his case with a slcill evidently acquired by much acquaintance with the Native Land Cbnrt, the witness stated that as the land was given under a Crown grant it was not necessary for it to go through the Native Land Court. Witness said, in reply to further questions, that the original grant in 1850 was before his time, and he did not know of any Maori alive who owned the land in olden times. He did not think any of the natives knew who gave the land to the Bishop.

The old man Rawiri Puhata practically put the case for all three defendants. He claimed to be a member of the Ngatipawa tribe, which he said, had owned all Auckland. Bishop Poropallier, he said, had asked hie tribe for a block of land for a. 6chool site, and they gave six acres of this land, and 133 acres in reserve, for a native village. Governor Grey confirmed the gift. and made the Bishop a trustee of the land. His father's sister, his aunt Riri.a, he said, lived on the reserve, and was buried there, consequently he now lived there under his aunt's right. Ho contended' that the Crown grant making the land over to the present Bishop was not legal, as it liad never been before the Native Land Court. He did not claim any right in respect to the six acres for the school site, he said, hut for the land in the 133 aerea of reserve: "The Bishop," 'he added, "is a high person, and holds the land in trust for the whole world, because he is connected with God."

In reply to Mr. McVcagh, Rawiri said he had got his information as to the land from his parents. He, himself, was 64 years of age, and didn't know of the first gift personally. He had lived at Waiheke till two years ago, and hud sold his land there.- He then went to this reserve, not because he had sold his own land, but because he had heard the Bishop had applied for a title to the ■reserve, and he wanted to keep alive Piria's right. Wi Repa similarly traced his right to bo on the land from an ancestor named Mafci. After further evidence his Worship, Mr. E. Page, S.M.r reserved decision.