PORIRUA SCHOOL TRUST

New Zealand Times, Volume LXXI, Issue 4319, 30 March 1901, Page 3

PORIRUA SCHOOL TRUST

CAST'! IN COURT OF APPEAL. In (he Court of Appeal yesterday argntiuoi win continued in the case I between the Solicitor-General, appellant, and Bishop Wallis and others, trustees of the Porirua School Trust. ; espondents. Air If. D. Bell, with him Mr Myers, ■appeared for the appellant; and Air i Quick, with him Mr Tolhurr.t, for llio ; respondents. j In thi-- ease'th" Solicitor-General at- ' talks a scheme for tins application of 1 portion of (he trust fund towards the maintenance of scholars at a school to he established in the Wairarapa, 'and laniards the cost of their journeys to and from the school. A number of additional affidavits filed by the appellant wore read. Ale.'.aeder McDonald, of Shannon, slice pfaririer and licensed interpreter, duposed that he Wars personally, acquainted with all the natives who, ns he believed, were the original owners and eessors of tins piece of land known as Whitirela, some of whom resided at Otaki, and the others at Porirua. All

the.-e natives belonged to one or more of the (luce tribes known as the Ngatitor,, Ngatiruukawa, and Ngatiawa. 'which, at the time when the land was ceded, namely, 1848, were allied both by blooil and intermarriage. lie bad ai-vavs understood from convt rsationa with native.-; Unit, the intention of the natives at the time that the land was ceded, was that it should lorm a trust for the use and support of a school tor the benefit, primarily, of the tribes n.r utiened and their descendants. The intention of the natives who gave (lie laud was that the trust should he for the benefit of the local natives and for the tribes of which the donors wore members and their descendants. There were, to his knowledge, a very large number of natives—at least one thousand- belonging to the three tribes- betas eeu Palmerston North and Welling-4-y.ts V.’lirv.. rflnnnnrsnl. JiriMVCfl 111

Wellington, and thereafter, it was common knowledge that the Ngatikaliiingnr.u tribe, which now resided in the Wairnrapa, had previously been the owners and in occupation of land in tho neighbourhood of Porirua, including Whitireia (the trust land), and that the Ngatiknhungunu tribe were expelled therefrom bv the Ngatitoa, Ngatirnnkawa and Ngatiawa tribes between 1820 and 1826. The Ngatikahuiigiinu tribe in tho Wairarapa district had betome a very wealthy tribe, while tho throe tribes residing between Palmerston North and We’lingtoh were comparatively poor. In the deponent’s opinion the three tribes 'would decline to allow their children to go to -a .school or college in the Wairnrapa district which was attended also by any of the Npntiknluingumi tribe. The feeling was still strong between tho three tribes and the Ngatiknhungmui tribe, end in his opinion, quite apart from tho fact that the throe tribes might be too poor to incur the expense of sending their children to a school at a distance from borne, they v.ould. nevertheless, for the icason aforesaid, and for .superstitious reasons, not send thoir children to the Wairnrapa: The children of tho tribes between Palmerston North and Wel-

lington suffered very much from want of ‘education. They were not nearly so well educated as their parents. Some school in the neighbourhool of Otaki or Porirua which tho native children of the district, could attend was, in his opinion, badly wanted. , William Hughes hiojd, M.H.R. for (Paid, deposed that there were res'dent in his electoral district natives of tho' number ot one thousand or thereabouts, who, with n few exceptions, wore deacon, clantH of tho Ngatitoa, NeaUraiiktuva on Nsmtiiiwa. tribe. Almost Immediately after the dtwae was made in these pro's coetUnKShy tho Hunt cm c Court oil Iho 7th September, 1000, a largo number of tbu natives in bis . doctoral distnqt came to him and pointed out and on pi. plained that under the scheme In the decree they Would derive no benefit whatever, ns they wore unable to send mid would not send tndr children to, rtahool In the Wairarapa, They also complained that they wove tho persons who ought to receive tho benefit of _ tljo trust property, as tho land'was given for them benefit and by members of (bo tribes from which they were descended. From his own knowledge of native cus. tom, and bearing in mind the former hostile relations existing between _tha Ngatikahnngunu tribe and the Ngatitoa and kindred tribes, it was his opinion that the latter tribes would consider it derogatory to themselves to send i.ioir ehi’dron to a school in a di trict occupied by the Ngatikalmngt’nu tribe, and, a ; a matter of fact, won .1 not so send them.

William Thomas I.rcke Travers, solicitor, deposed that lie was personally acquainted with Tamihana to Rauparaha„ Matene te Whiwi, and many •jther leading chiefs of the Ngatitoa. Ngati-iv.-.a and Ngatiraukawa tribes. He know that the people of the Ngatitoa 'tribe wore for many years previously to and at the lime of the arrival of thi first colonists of the New Zealand Ooia. pany, in possession of the land known iis Whitireia. He knew that many .rf tho lending chiefs of the three tribes considered themselves as belonging to tho Ngatitoa tribe by reason of relationship by blood and marriage. Wt Neera te Kanac, of Porirua, an assessor of the Native Laud Court, deposed that it was, and always had been assumed by tho natives at and in the neighbourhood of Porirua that the land known as' Whitireia and. the income thereof were granted for the purposes of a school at Porirua, for European and native children alike. ■ So far as the na. tives were concerned, the natives tva > were to attend and derive benefit from the school were to be tho children and descendants of the three kindred tribes —the Ngatitoa, Ngatiraukawa. and Ngatiawa tribes. There were reasons founded on native custom and based upon the former relations existing between tbs Ngatitoa and kindred tribes on the one hand and the Ngatikaluingunu tribe on the other which would render it humid, ntino- and impossible for the Ngatitoa and'kindred tribes to send their children to a‘school established, on. the tribal lands or in the district occupied by the Ngatikahungunu tribe. Hemi Matene to Whiwi, of Otaki, daughter of Matene te Whiwi, deposed that there were now resident at Otaki a great many natives who were descend, ed from the Ngatitoa, Ngatiraukawa and Ngatiawa tribes. Frenora Tungia, of Porirua, a niece of Te Rauparaha, deposed that it was first intended by the natives to give a piece of land at Otaki for the purpose

of a school, but after much discussion the natives agreed to give a piece of land at Porirua instead, and Whitireia was given accordingly. The intention ,of the natives was that the school should he for the benefit of the Ngatitoa, -v«itiravkavva and Ngetiawa tribes. Eaiha Puaha, of Perirua, deposed that there were at present resident at t'orirna about 100 natives, men, women and cniklren, all of whom were either pure Ngatitoas, or wore descended from on,, or more of ,ue three tribes.

Haul Kama te Hiko, of Porirua, deposed that as soon as the natives at Porirua and the neighbourhood became aware that it was intended to devote the trust fund for the purposes of a school in the Wairarapa district, they complained that such a scheme would he of no benefit to them cr their children. The value of Whitireia was also dealt with in some of the affidavits. In reply to the above, there were affidavits filed by the respondents. Bishop Wallis deposed that hei had been informed by persons intimately conversant with the life and character of the Maori people, and that he believed that the usefulness of day .schools for children cf that race is greatly impeded by the irregularity of attendance arising from the proximity of the parents and relatives of such children; and that such children receive the greatest benefit at boarding schools, where they are removed from the surroundings and influences of their homes. The native school at Otaki is under the control of a trustee appointed by the Church Society in London, and Is in no way controlled by the respondents or by ttie Bishop of the diocese of Wellington.. It is intended by the trustees of the Porirua College Estate that the amounts to he applied out of the funds of the trust shall be sufficient to cover not only the maintenance of the scholars at the school to be established in the Wairarapa, hut al.so the cost of their journeys to and from that school. Tiie site determined for the school is seven miles distant from tho nearest Maori pahs, which are at Fapawai and Te Ore Ore. Children of

the Ngatitoa, Ngatiraukawa and Ngatiawa. tribes who may attend the school will not be brought into contact with parents of children resident in the Wairarapa or elsewhere. The deponent had been informed by Air John Thornton, master of the native school at Te Aute, Hawke’s Bay, and he believed that scholars from all parts of the North Island are educated at that school, and that no disputes have occurred there among children belonging to various tribes. In answer to an inquiry on the subject, Mr Thornton telegraphed as follows:—“We have representatives of nearly all the principal tribes, including West Coasters. Never had a shadow of a disturbance among boysarising from ancient tribal feuds. The idea is absurd.” The scheme adopted by the Supreme Court provides, and it is the bona fide intention of the respondents to carry out the provision, that all such benefits from the Porirua Estate Trust shall accrue to children of the Ngatitoa tribe, and failing them to children of the West Coast tribes. The purchase money for the site of the proposed school in the Wairarapa, together with the buildings on the site and the farm appurtenant thereto, will be paid , from other than the Porirua College [ funds. No benefit will accrue for tne . Wairarapa natives from the Porirua cndowment. Two hundred pounds a year, the present rental of the' Porirua reserve, ] is the amount assessed on the 17th May, i 1894, as the basis of a fourteen years’ i lease, by Mr A. J. Rutherfurd, a valuer i appointed for the purpose by the trustoes of the reserve.

Tho Rev James Mo Will Ipm, of Otaki, deposed that the only tribes represented between the Miumwatu River and Wellington are. the Rangitane, the Mniuipoko the NgaHrauknW'H the Ngatiawa, and the Ngatitoa. ,'fhe Rangetnne and the Muaupoko wore the original tribe*, and the others were the conquering trlhe(i, TOo RaiiEitauo tribe resides mostly between jToxton, and Palmerston North; and tho Mqaupoko on the banks of the Horowhenua Lake. The Ngatiraukawa, tho Ngatiawa and the Ngatitoa are to be found here and (bore along tho coast from the Mannwntn River to Porirua, The deponent intimately know Tnmihona to Rauparn, ha, Matene ,te Whiwi, and Hoani to Oknro, three of the original donors of Whiticela, They were Christian converts who had coma under the influence of Bishop Selwyn and Archdeacon (afterwards Bishop) Hadfield, as he helieved the_ other donors had also. He bad a distinct recollection of conversations with Tamihana to Rauparaha and Matene te Whiwi, on the subject of HiraV gift of Whitireia, and they fully understood and led him to understand Fmc their gift was not for the exclusive benefit of their own tribes, but fn- tho children of the Queen's subjects of alt races. Both Tamihana te Raupnraha and Matene te Whiwi were by far the leading chiefs (except Te Ratu mirnha, who died before the deponent's time) among the donors, and thev had lieen educated at St. John’s CollcKe, Auckland- The old prejudice or superstition against sending boys to school bit.i the country occupied by a tribe formerly at enrnitv with the tribe to which the hoys belonged, has almost completely died - out. There have been several beys sent from Otaki. Who are now at Te' Aute College, in the land of tht: Ngatikalmneunna. as well as one from Porirua. Other boys from the Otaki district had beon educated nt Otaki. They were all members of tho West Coast tribes. Two of them belonged to the Rangitane. The process has been going on for several years cast, and there nre now more applications from the West Cpast than can be .accepted nt Te Aute. Several girls from the West Coast had been educated at Hukarere. in Napier, and also in the Ngatikahimauuu country. The chief difficulty at Otaki with the Church Missionary’ Society’s school there, is that it is a day school in the midst ot a Maori population. Consequently the childien’s attendance is most irregular. The Government inspector reports well of the school, but he- has always had to be lenient owing to irregular attendance. which he knew to be inevitable, as the pupils lived at home. Whenever Maoris of the tribes in question, whether conquerors or conquered, are at Otaki. they all worship together. Pinoaha,- formerly tho Maori clergyman in the Wairarapa, who died three or four ve.ars ago, was a Ngatiraukawa. who did good work among the Npratikahungunus, and married one of them. Edward William Lowe, of Wellington, resident secretary to tho Australian Mutual Provident. ■ Society, and George Edmeades Tolhnrst, of Wellington, bank inspector, two of tho respondents, deposed that the nearest point of the Porirua College Reserve was distant three and a quarter miles from Porirua Railway Station. .There was no access to the property by road. The whole western, or ocean boundary, of tho reseive was precipitous and unsuitable for ,building sites. A cons'dorable portion of the property would doubtless in a remote future become suitable reddentini sites when opened up by roads. The roads necessary would cost more to make than the present capital value of the whole area. While the property remained thus inaccessible it had no other value than for grazing, nor could it for years, possess other value until many hundreds of acres now access’ble,. with some eight miles frontage to, Porirua Harbour, were, occupied as residential sites. The land

was valued by the Government Valuation of Land Department at £5 ac acre, or £2ooo in all. The land was purely pastoral land, and hardly any of it was available for agricultural pur. poses, owing to its hilly nature. The herbage was mainly native grass. Tin deponents estimated that the carrying capacity of the property did not exceed two sheep to Hie acre. Mr BHI, continuing his argument, said that the Crown declared that hi itr opinion the application of the doctrine of cy-pres to this fund was in contravention of the cession to it which it recited in the Crown grant.

Air Alvers argued against the respondents’ scheme. Air Quick had not finished his argument when the Court adjourned till Monday.