LITTLE BARRIER LAND CASE.

New Zealand Herald, Volume XXIII, Issue 7772, 19 October 1886, Page 5

LITTLE BARRIER LAND CASE.

JUDGMENT OP THE LAND COURT. The claim to the Little Barrier Island, known as Hauturu, and which has been before the Native Land Court sitting in the Choral Hall for the last ten days, came to a conclusion yesterday, when judgment was given in favour of the counter-claimants— the Ngatiwai tribe. Judge Puckey and Mr. Edwards (Native Assessor) have heard the case. Mr. F. D. Fenton and Mr. C. W. Cave appeared for the counter-claimants, while Paora Tuhaere conducted the case for the claimants. From the judgment we give the following summary:—Paora Tuhaere and others claimed under a conquest of the alleged former occupants, Waiohua ; by Muki and Mataahu, and continuous occupation by their descendants till the time of the battle of Hearanganui. The counter claimants—Ngatiwai, represented by Mr. Fenton, claim from an ancestor, Kangihokaia, who it was alleged occupied from a period unknown to the Court anp modern science, when men were stones," and whose descendants have continued to exercise rights of ownership to the present time without being dispossessed. The judgment went on to say that it was disclosed by the evidence that as to occupation by the Kaioerau, the only occupation subsequent to the eviction of Waiohua was by Mataahu, and after his death by Te Hoaumokai, a descendant of J Mahi, and after his death by Makiwahine, who, it was alleged, occupied till Te Ika-a-Ranganui. The Court found : " That Ngatiwai were at both Hautaru and the Great Barrier several years prior to the days of Rangimatanuki. (2). That the alleged occupation until the time of Te lka-a-Kaoganui by the Kawerau is [absolutely impossible, inasmuch as Makiwahine the last inhabitant, who lived five generations back, must have been dead at the very least about fifty years before the birth of Te Hemara, who was then a youth at the battle of Ikaranganui. The judgment concluded by stating that:— " Now, as to the case of Ngatiwai, setting aside altogether the present occupation, which would be considered by the Court only in a case where the evidence on both sides is equally balanced, it has been proved to the satisfaction of the Court that for several generations they have been in undisturbed possession and enjoyment of the laud, the subject of the present investigation. The finding of the Court is that Ngatiwai, who can prove occupation, are the owners." The Court ordered the payment of coats, which amounted to £21 10s, and after discussion fixed the following as the owners of the island :—Rahui te Kiri, Tenetahi, Miria Taukokopu, Paratene te Manu, Ngapera Tarawa and Ngawhare Tarawa (half-share each), Hone Paama, Kino Beweti, Bapata Ngatiwai, Te Napere Ngawaka, Hemare te Moananui, Ngapeka, Wi Tarawa, and Pita Kino.