THE MAORI FISHING CASES.

Temuka Leader, Issue 2168, 26 February 1891, Page 4

THE MAORI FISHING CASES.

After Eeveral weeks of adjournment and delay the case against eight Maeris for illegally fishing in the Waimakariri came on for hearing at the Kaiapoi Court ©n Monday, before Messrs A. Greenfield, E.M., and E. Moore, and G. H. Blackwell. J.P's. The ; accused were W, Uru, J. Whetau, Erurrae Teaika, Dominick Waikene, John West, Harry Hopa, Hape TJru, and Joseph Solomon. The Court-room was densely packed with both Natives and Europeans. Counsel for the defence, Mr Hoban, came prepared with a formidable array of law books, and the Court was further furnished with the spoil caught in the shape of trout, which since December 11th had been in the freezing chamber of Belfast. Mr Spackman prosecuted. The nets, comprising in each several yards of scrim, were also in evidence. Eev. J. W. Stack aeted as interpreter of the Maori language. A fac simile of the Treaty of Waitangi was produced, and a whole library of Native reports. There was a large attendance of Maori girls; in fact, the whole Native population had put in an appearance. The catching of the trout was proved by John Chaney, Constable Oartmill, John Brady, and others. Hape Uru and John West deposed that they did not take any trout on the day meKtioned in the information, .aud "William Uru admitted catching the trout. .Among the evidence given for the defence was tbafe of Victoria Mutu, who stated t hat she was one of the Ngaitabu tribe. Mad lived long in Kaiapoi, and was well Acquainted with the customs of the Maoris. Knew that Kaiapoi was a place where the Maoris fished. The Maoris had-fished ia the Waimakariri from olden time up to the present. Knew the Kakanui reserve and White's bridge. The Maoris up to the present ynar'had' had camping places near White's bridge. It was a residence or pah in ancient times of her family, and it was set aside as a reserve for her father by Mantell, Government agent. She believed it was so set aside that they rnightfUhin the Waimakariri, and because it had been the right of Natives to get their food from the river from time immemorial. Witness did not know of any treaty which gave theai a right to fish. Knew the Treaty of Waitangi. (Treaty of Waitangi put in.) The Kaiapoi fisheries were specially looked upon'a3 important to the Maoris. The Waimakariri and tributary streams near Kaiapoi were specially prized. Believec 1 that the Natives had fishery reserves in other places. Kakanui w&h looked upon by the Maoris as being a fishiog' place. '1 o Mr Spackman : Had kiiown the Maoris to fish jn the Waimakariri since she was a little child. Snts did not know that the Maoriß caught trout in the river when . aha WW ft JHtt9 p girl,_ Had known the fi3n they called trout since about two years ago. Peter Mutu gave similar evidence*. Honi Keri Taiaroa (a member of the Upper liouBe), said be knew the Treaty of Waitangi. It reserved to the Natives their food producing places, their cultivations and fisheries. Witness considered that he had a right to fish in any river. He did not know of his own knowledge that tin Natives had caught trout. He made no inquiries on that point. Was a member of onp of one of the Houses of Parliament wLen the Inherits Conaorvatiou 4.0 b

was passed. Any Bill affecting the Natives must- be first translated into the Maori language. The Fisheries Conservation Act was not so translated; therefore he did not think it affected the Maori fishing rights. It was not gazetted. Witness remembered pressing that the Maori fishing rights should be respected. He remembered that Mr Sbeeban made reference to the rights given under the Waitangi Treaty being respected, and what he said coincided with witness' opinion and wishes. Witness remembered the passing of the Fisheries Protection Act of 1877, Section 8 of which confirmed their rights to the fisheries to which the Treaty of Waitangi entitled them. He believed the Treaty gave a right to fish for trout, because they came among the fish they had a right to catch. Wi Naheira (a Ngaitahu Chief), and Nathaniel Werawatu, and Hone Paratene, (other chiefs of the same tribe), and T. Green gave evidence of a similar character, all advancing their right to fish under the Treaty of Waitangi. Hone Maafea said if their fishing rights were taken away the Natives could not live, as they would be in the K.M. Court every day. The cases were adjourned until March 9th.