LAND OF THE MAORIS.

New Zealand Herald, Volume LXIV, Issue 19563, 16 February 1927, Page 15

LAND OF THE MAORIS.

THE CONFISCATION CLAIMS. INQUIRY BY COMMISSION. [by TELEGRAPH. —OWN correspondent.] ' NEW PLYMOUTH, Tuesday. The sitting of the Royal Commission investigating the native land confiscation claims was continued at Waitara to-day, when Mr. D. S. Smith, for the natives, advanced some further contentions in support of his case. In the order of reference, counsel said the commission was not to have regard to any contention that natives who denied the sovereignty of Her Majesty and repudiated her authority could claim the benefit of the provisions of the Treaty of Waitangi. The period with which thev had to deal was from January 1, 1863, to September 2, 1865. Assuming the validity of the confiscations two classes of natives had to be dealt with —those who were loval and those who were disloval to the Government In respect to the first class the order of reference imposed no restrictions upon the commission in considering their rights, while in regard to the latter counsel advanced the contention that even if the Treaty of Waitangi had not existed the natives would have been entitled to their rights over the whole of the territories in spite of disloyalty. In regard to the Ngatiawa tribe, there was no disloyalty with this tribe between the years 1863-65. Their land could have been taken only for their actions in the first war. Counsel submitted that their lands were taken because they were desired under the Settlements Act. 1863. The Government was bound to be satisfied that any tribe, or a substantial number of a "tribe, had been engaged in rebellion, but it could not, be said that any substantial number of Ngatiawas were disloval. . Mr. Smith intimated that the proceedings in Taranaki were now likely to be considerably shortened as the result of general agreement by the natives to abide bv the general question debated, and that any benefit that might be obtained should be devoted to tho benefit of the tribes as a whole. The commission will continue its sitting tomorrow.