THE HOROWHENUA COMMISSION REPORT.

Otago Witness, Issue 2206, 11 June 1896, Page 24

THE HOROWHENUA COMMISSION REPORT.

Welunotojj, Jane 8. The report of the .'Harowhenua Commission 'was made public to-night. It is a lengthy dooumenb, occupying 52 pages, besides schedules, closely tyj>ed. The commissioners begin by stabin£ that, speaking generally, tha evidence was most unreliable, and they instance some of Major Kemp's testimony, adding j— • "Kemp's demeanour when giving evidence did not give us the impression .he .was honest." They also remark upon the hearsay nature o2 much of the evidence,. and stabe that explicit! Teliance cannot 'be placed on the minutes of the {earlier Native Laud Courts, as they have been largely altered and interlineated. - It is, .how ever, a matter for regret that much of thg■difficulty over the block is -directly traceiable "to the non-exercise by the Native Land Courts of thejpowers vested in them. The: .report then proceeds bo give a history of the ■block and its various seclions and the dealings, with them, which are minutely set oub. Tho commission finds : — 1 Except subdivisions 1 and 9 and 10, the whole block was subject to.a trnst for the mem«. bers of the Muaupoko tribe, and ,9 is subject; to a trust for the INgatiraukawa tribe. 2. Refers to various transfers to the Crown, Wellington and Manawatu -Railway Company, and others. Kemp has received at least £12,000 iv connection with block, and Wa'ren* Huoia ihas reoeived £2000/ in respect to his ; attempted sale: to the Crown. 3. After allowing Kemp for all the moneys we can -find he lhas paid, and for his own >rhare of the rents received, he appears to be indebted to the owners of subdivision No. 11 in at least; th« sum of £1500, ' and to the owners of No. 3 for £500 received for timber cutting rights. The £2000 received by Hunia from the Crown • should be treated as part of the purchase money .for the share lof -Kawana Hunia in ths tribal land. In the opinion. of the commissioners tha ideed of release given by the -Natives to Kemp dn 1892 would not tbe recognised by >any court ms a bar to an action for accounts again jt Kemp.- - tKemp 16 also accountable -for- tha rent from subdivision 14 should it be - decided to be port -of, 'the tribal estate. 4. The Crown has no'claim against 'Kemp ox Hunia. 5. The two Hunias ;are entitled to woeive ttheir share of tho money owing, by .Kemp to th« tribe. In respect to other matters the commiiaioneri

■ay ffris is a question of lav upon which they { cannot presume to offer an opinion &■ to ; whether, if tberproelamation of 1878 is still in existence, the wbotoofther dealings witbseofcion 3 are not' Invalid, in which case the assurance Itmdi nodes the Land Transfer Acts would probably b» called oxr to make good the losses to the settlers. *WHih respect to Sir W. Bullex transaction, is Section 14 the report says : — The only; conch** Bios we can come to is fcbab Sir W. Boiler knew* prior to his- leaving in 1886 for England^ that tha whole block, was held by Kemp under one title in taut tor the tribe, and on his' return to New Zealand ha,, without making' inquiry if the trust was extinguished, purchased part, and leased other parts of. the trtus* property. , Barttlolomeif has a fair claim to consideration from the Government, having had to<pay 'both Kemp and' toe Crown' for the* same timber ■ rights. In conclusion the commissioners, suggest that the- Grown aoquire. seotions -5, 12, and. part of H ; that the tribal estate be Tested in the Pablic Xrustee, subject to the right* of the- owner* of Seotipn 9 to fish in the Hoko stream and Lake Borowhenua ; that proceedings be instituted on behalf of the- tribe to test the validity of the transfers to Sir W: Buller, and if the courts set them, aside to acquire these portions for the Crown; that on the paymentr of £4000 to such «f Kawaua Hunia's representatives as tile Native Land Court finds 1 entitled the State farm be vested in the Crown ; that Bartholomew be refunded £420 paid to the Crown ; that unless Kemp accounts for £2000 to the tribal members entitled, a statutory; charge to that amount bs placed on any land he'ownr; that the proclamation of Jnne 26, 1878, be declared revoked from the year 1886. The • other «nggestions chiefly refer to the lists of persona in the schedules entitled to share in the various portions of the block.