COOK AND OTHER ISLANDS. (In continuation of Parliamentary Paper A.-3, 1923.)

Appendix to the Journals of the House of Representatives, 1924 Session I, A-03

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1924. NEW ZEALAND.

COOK AND OTHER ISLANDS. (In continuation of Parliamentary Paper A.-3, 1923.)

Presented to both Houses of the General Assembly by Command of His Excellency.

MEMORANDUM. Summaries of the annual reports of the Cook Islands and Niue Administrations are attached hereto. It was my privilege anel pleasure to pay a long-deferred visit to Rarotonga towards the end of last year. Five weeks were spent in the Group, and during this period I availed myself of an opportunity to visit the Island of Aitutaki. Unfortunately, it was not possible in the time and with the facilities at my disposal to call at any other of the outer islands. This was my first visit to the Cook Islands after an interval of nearly five years. I was recoived wijjh the greatest cordiality by the Native and European residents, anel was most hospitably entertained by them. I found the utmost good will and harmony existing between the Administration and all sections of the people, and ample; evielence of a warm regarel and. attachment for Ne;w Zealand. The trade of the Group was well, maintained during the year, and only fell short of the total for the preceding period by about £2,000 ; but as compared with last year the balance of trade was against the Islands. Administratively, the ye;ar has been one of marked progress. The facilities for handling the trade; of the port of Avarua have been greatly improved. The; Administration is indebted to the naval authorities for a, detailed survey of the roadstead, which was carried out by Lieutenant R. K. Dickson, R.N., and a party from H.M.S. " Veronica." The old wooden jetty has been replaced by a fine fe;rro-ooncrete wharf, which is longer and in eve;ry way more convenient for loading and discharging cargo than the old structure. It was my privilege to drive the first pile. A new ferro-concrete slipway has also been provided for handling the launches and lighters when the latter are being overhauled and repaired. These works were carried out to the entire satisfaction of the Administration by the Union Steamship Company. A powerful light has also been installed on the wireless mast at Aorangi, anel is proving a boon to shipping in enabling them to pick up thoir bearings when approaching the island. While at Rarotonga I considereel and approved a scheme; of education for the islands of the Nen'thern Cook Group submitted by the representative of the; London Missionary Society. A vote of £500 will be found on the estimates of the Cook Islands Department, and for this subsidy the, London Missionary' Society will provide trained full-time Native teachers, will observe our school hours and holidays, will adopt our syllabus, and will agree to the schools being open at all times for inspection by any duly appointed Administration official. The instruction will, of course, be given in the; vernacular. We; have; thus linked up the last of Ne>w Zealand's Pacific territories with the; Dominion education system. Authority has been given for an out-patients' department to be built imthe hospital grounds and for other substantial improvements to be carrieel out in the hospital building. The refrigerating plant and cool store which were; provielesei about four years ago are inadequate; to meet the present-day requirements of the community. They are being improved and enlargeei to e;ope with all demands. The; provision of cool storage has added greatly to the health and e;omfort of the residents. Last year I referreel to the serious handicap which has been imposed on trade with the more; important islands of the Lower Cook Group owing to the; lack e>f means of quick communication, and I expressed the hope that this disability wemld be removed in the case of Aitutaki and Mangaia during this season. I am glael to say that at the; present, time our experts are; engaged in equipping these islands with, wireless installations, and that communication has already been established with the; former. Those stations will work with the Rarotonga radio, and will be operated by Raro'tongan scholarship pupils who were brought from St. Stephen's College for Maori Boys, Auckland, after gaining their proficiency certificates and trained at the Wellington Wireless College by the Cook Islands Department. These; youths show great aptitude for the work, and give every promise of making successful operators. If this experiment proves the success that I anticipate a new and most interesting career will be opened for the youth of the Cook Islands. The installation of these wireless plants at Aitutaki and Mangaia should help to greatly lessen the loss of fruit cargoes which have been occasioned in the; past owing to the absence of reliable advice as te) the movements of the cargo-steamers through the Group. It is also gratifying to me to be able; to report that after many attempts we have succeeded in arranging for a steamer to maintain the service between Auckland and Nine Island. The s.s. " Rama "

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made her first trip in April, anel will make such further voyages during the season as may be necessary. Needless to say, the arrival of a steamer proved, a most welcome; surprise to the islanders. lam sure we; can rely on the latter to do their utmost by increasing production to ensure the continuance of a steamer in the trade. The loss of still another contract auxiliary schooner, the " Kaeo," towards the end of last year again emphasized the urgent need for replacing this type e>f vessel with a wellfound steamer. We were fortunate in having the Samoan Administration's steamer, the " Lady Roberts," available to make an emergency trip between Apia and Nine; on that occasion. The isolation of Niue Island will be; further greatly diminished by the installation eif a radiotelephone equipment this year. The apparatus has been thoroughly tested and proved by the experts of tli!! Post and Telegraph Department in the Dominion, and is now in course of erection at Niue. The new station will work through, the Apia radio, and the latter is being provided with the; necessary transmitting-gear to enable conversation to be maintained! between the; two territories. M. Pomare, Minister for the Cook Islands.

REPORT OF COOK ISLANDS ADMINISTRATION. Rarotonga, 14th April, 1924. Finance. The revenue for the year amounted to £19,137 7s. lOel. ; the; expenditure was £18,430 18s. 4d., leaving a margin of £706 9s. 6el. The Revenue and. Expenditure Accounts are set out hereunder, from, which it will be seen that the year's operations resulted in a cash credit balance of £3,509 3s. I Id. Statement of Revenue and Expenditure for the Year ended 31st March, 1924. Bevenue. ■ £ s. d. Expenditure. £ s. el. Balance as at 31st.March, L 924 .. 2,80214 5 Aitutaki—Salaries .. .. .. 598 (ill Aitutaki. Wharf Account .. .. 116 3 1 AUu—-Salaries .. .. .. 345 10 0 Copra duty .. .. .. .. 2,134 210 Audit Account .. .. .. 65 0 0 Customs duties .. .. •• 10,986 5 I Arorangi Sohool (new building) .. 1,148 211 Cinema licenses .. .. .. 15 0 0 Agricultural classes .. .. .. 25 0 o Cartage, Shooks Aoodunt .. .. 27 19 2 Atiu—New Building Account .. .. 812 (i Diving lioerises .. .. .. 40 0 0 British Empire Exhibition .. .. 79 2 2 Dog-tax .. .. .. .. 130 o () Contingencies .. .. .. G72 2 o Fruit-inspection .. .. .. 1,28] .'! 4 Courts .. .. ..... 1,296 13 3 Film oensorship .. .. .. 917 3 Education .. .. .. .. 927 4 4 High Court fees and fines .. .. 1,046 (i (i Experimental farm .. .. .. 275 5 2 Hall licenses .. .. .. 2 0 0 Freezer Account .. .. .. 231 18 (i Marriage foes .. .. .. :!l (i (I Furniture .. .. 743 11 0 Mofforfees .. .. .. .. 92 10 0 Government buildings—Upkeep, exteuNative Land Court fees .. .. 98 I 0 sions, &c. .. .. .. 1,310 9 2 Passport fees .. .. .. 14 0 0 Medical Department, .. .. .. 2,970 4 X Post-card sales .. .. .. 4 9 5 Lepers .. .. .. .. ! 17 15 4 Post ()Rice boxes .. .. .. 7 10 Lunatics .. .. .. .. 129 5 (i Rents .. .. .. .. 19:! !(i 8 Mail subsidy .. .. .. 20 O O it on I rates .. .. .. .. 7li 2 (i Mangaia—Salaries .. .. .. 404 10 0 Shell duty .. .. .. .. 274 19 2 Manihiki—Salaries .. .. .. 284 0 0 Shippingfees .. .. .. 317 0 Mauke—Salaries .. .. .. 384 0 0 Stamp-sales .. .. .. 1,027 12 5 Mitiaro —Salaries .. .. .. 75 0 0 Trading licenses .. .. .. 576 4 0 Penrhyn—Salaries .. .. .. 320 0 0 Water rates .. .. .. 122 (i li Police .. .. .. .. 1,018 17 4 Wireless Aooount .. .. .. 28S 17 4 J'ost Office .. .. .. .. '658 II .'! Ammunition Account .. .. II 4 8 Prisoners .. .. .. .. 299 12 3 Liejuor Account .. .. .. 88 5 (i Public, works .. .. .. 397 18 8 Printing Account .. .. .. 124 17 5 Pukapuka—Salaries .. .. .. 14 0 0 Resident Commissioner's Office .. 903 .'! 4 Roads and bridges .. .. .. 986 0, 2 Subsidy—Flying-foxes and rats .. 2.18 19 0 Telephones '.. .. .. .. 170 8 10 Treasury and Customs ~ .. 751 0 7 Truck Account, .. .. .. 177 19 7 Water Account, .. .. .. 16 9 0 Whare .. .. .. .. 23 19 (i Wireless students .. .. .. 92 2 5 18,430 18 4 Balance as below .. .. .. 3,509 311 £21,940 2 3 £21,940 2 3 J'ARTKUII.ARS OK BALANCE. £ s. (I. Cash in bank .. .. .. .. .. .. 151 5 9 ('ash in hanel .. .. .. .. .. .. 921 17 5 Cash on deposit . . .: . . .. . . . . I ,0(10 O 0 £ s. d. Amounts elite to Administration .. .. 2,354 10 1 Less amounts owing .. .. .. 484 2 2 1,870 7 II Less Freezer Accounts . . ~ .. 134 7 2 ■ 1,739 0 9 £3,509 3 II

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The; following cash statement takes into account the amounts duo to and owing by the Administration as at the e!e>so of tin; financial year, and shows an estimated credit balance of £6,538 2s. 9d. Cash Statement as at 31st March, 1924. Assets. £ s. el. Liabilities. £ s. d' Cash in band .. .. .. 921 17 5 Sundry creditors .. •■ .. -181 2 2 ('ash in hank .. .. .. 151 5 9 Contingent losses-— £ s. el. Cash on deposit, Bank of New Zealand .. 1,090 0 o .Fruit-ease Account .. 39 010 Sundry debtors .. .. .. 2,354 10 I Kruit-ca.se Account, Mangaia, 381 5 9 Prooeeds of Customs due from New Zea- Fruit-case Account, Aitutaki 25 13 6 land, due 31st March, 1924 (estimated) 2,000 o o 443 0 I Stamp-sales, New Zealand (estimated) .. 300 0 o Sundry debtors estimated as bad debts .. 21 17 3 High Court fees outstanding .. .. 227 9 (i Cash balance .. .. •• 9,538 2 9 -Native Land Court Ices outstanding .. 831 19 9 £7,487 2 3 £7,487 2 3 Balance .. .. .. .. £9,538 2 9 The balance-sheet set out hereunder takes into account the; value, of all Administration assets throughout the; Group as at the: 31st, March, 1924, and all liabilities as per the casli statement, and shows an excess of assets amounting to £62,679 17s. iOel. Statement of Assets as at 31st March, 1924. Assets. £ s. d. Land and buildings .. .. .. .. .. 40,755 10 0 Waterworks .. . . .. .. .. .. 6,000 0 0 Furniture .. .. .. .. ... .. 6,01] 0 0 Plant, machinery, and type, Printing Office .. .. .. 450 0 0 Stocks— Drugs and instruments, hospital .. .. ... 454 0 0 Public Works Department .. .. .. .. 1,099 9 9 Printing Olliee.. .. .. .. .. .. 308 7 0 Freezer .. .. .. .. .. .. 185 18 7 Ammunition . . . . .. . . . . . . (> 8 (i Liquor . . . . . . . .■ . . , . 292 I (i Tools, &C, outer islands .. .. .. .. 04 0 0 Motor-vehicles .. .. .. .. .. 575 O 0 Cash as per cash statement .. .. .. .. 9,538 2 9 £92,979 17 10 Liabilities. Nil. Trade. f'eir the year ended 31st December, 1923, the; value of imports was £131,590, and of exports £11.8,710. For the. previous year the, figures wore -Imports, £116,726; exports, £135,802. During the year 138,857 cases of oranges, 70,206 cases of bananas, and 24,578 cases of tomatoes Were exported, and it is considered that with suitable, shipping facilities for the; coming year the export of these; fruits will be increased. The growers throughout the Group are pleascel with the new alternate cargo service to Auckland and Wellington, which gives them, the choice of markets, which they have boon asking for for some years ; but, on the other hand, they are apprehensive that, owing to the accelerated San Francisco mail-service, they may be; deprived of the shipping-space desired on the mail-steamers to Wellington. This is a most essential service, as it brings our fruit very quickly to what our growers consider their best market. Every effort should bo 'made to secure increased shipping facilities to e>ur best markets, in the hope that increased exports may so improve our financial position as to give us an opportunity of becoming more, self-supporting in the future. The; following is a summary of imports anel exports for 1923, together with a return for the; last nine, years : — Poet of Avarua. Return of Imports for the Year ended 31st December, 1923. £ £ New Zealand .. .. .. 93,756 I Canada .. .. .. .. 91 United States of America .. .. 23,139 Italy .. .. .. .. I United Kingdom .. .. .. 8,906 Suva, .. .. .. .. 5 Tahiti . . .. .. .. 1,579 South Africa .. .. .. 5 Australia .. .. .. .. 3,838 Samoa .. .. .. .. 80 France .. .. .. .. 126 Germany .. .. .. .. 58 £131,590

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Return of Exports for the Year ended 31st December, 1923.

Return of Imports and Exports for the Nine Years 1915 to 1923, inclusive.

Visit of the Hon. Minister of the Cook Islands. The visit of the Hon. Minister, accompanied by the Secretary of the Cook Islands Department, from the 30th September to the 2nd November last, was productive of much good, lor, besides the; many business matters which were discussed and settled, a much better feeling was promoted amongst all sections of our community, both European anel Native. There will be recognized in this report many new projects which are the direct result of the visit. The hope has been generally expressed that the Minister will, if possible, visit us annually, as so many of our matters require consideration anel adjustment on the; spot in the light, of our peculiar local circumstances anel conditions. Obituary. It is with regret that the death, on the 24th November last, of Mr. Thomas Duncan, Resident Agent at Mangaia, has to bo lecorded. The' late Mr. Duncan joined the service in 19.13 as Resident Agent at Aitutaki, and he was transferred to Mangaia in a similar capacity in. 1919. The loss of such a zealous, conscientious, and capable; official is being very widely and keenly felt. Medical and Public Health. The health of the people has remained satisfactory throughout the year. Provision is being made on this year's local estimates for alterations and extensions to the hospital at Rarotonga, including the provision of a detached out-patients' department, as approved by the Minister during his visit to Rarotonga.

Article. Where exported. Quantity. Value. I Oranges Bananas Tomatoes .. Limes and lemons Mandarins .. Kumeras ;. Coffee Taros i. New Zealand .. i. ,, l . : . ,, l . I . ,, i i ,, 138,857 cases 70,206 „ 24,578 -„ 375 „ 588 „ 90 „ 19 sacks 10 „ 2 „ 107 „ 10 „ £ 43,464 32,719 10,033 221 271 29 95 3 1 .16 2 ,, . . ,, i . ,, Mailgoevs Pines i. ,, ,, Avocado pears , , : . . . Coconuts i. Now Zealand Tahiti .. United States of America .. 2,213 „ 1,338 „ 1,176 „ Copra New Zealand Tahiti United States eif America .. Apia 4,727 „ 1,400 1961 t° n s 508| „ 1,1824 ,. 131 „ Shell 2,018 „ 26,205 United Kingdom New Zealand United States of America . . 301 „ 32 4 ,, 11 1-4 " 2,251 64| „ £118,710

Year. Imports. Exports. Total Value. 1915 1916 1917 1918 1919 1920 1921 1922 1923 £ 65,590 58,478 80,061 99.632 .142,925 177.911 112,974 116,726 131,590 £ 63,057 68,146 60,190 82.708 127,729 94. 697 69,301 135,802 118,710 £ 128.647 126,624 140,251 182.340 270,654 272,608 182,335 252,528 250,300

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Attached, hereto are extracts from the annual report of Dr. R. S. Trotter, the Chief Medical Officer :■— Hospital. —The in-patients for the year numbered 113, with an average stay of twenty-one days. You are already familiar with the classes of cases treated, as these are given, with the monthly reports. There were two deaths, both cases dying shortly after admission. Out-patients ; 398 visits and attendances were paid upon Europeans and 11,246 upon Maoris during the twelve months. The heaviest work was in August, when 88 visits and attendances were given to Europeans anel 2,671 to Maoris, This was during an epidemic of influenza, introduced from Tahiti, which was soon, got under control through hard, and persistent work. The following month, the attendances had dropped to 23 and 751 respectively. The lightest month was October, with 25 attendances upon Europeans and 572 upon Maoris. The most troublesome thing we had to deal with during the year has been ascaric lumbricoieies, it very large number of children and a few youths being affected. This will never be eradicated until elejgs are exterminated. There is no trouble of this sort in the islands free from dogs, except in an occasional case which has visited the dog islaneis. All dogs should be destroyed. Suspicions have been aroused, from time to time in regard to ankylostomiasis, a disease causeei by another very troublesome worm, and our Assistant Medical Officer, Dr. McKenzie, has found the we>rm here in the stools of patients taken into the hospital for observation. He has not yet found either the ova or the worms in the dog here, but they have been found in the cat in Moorea (Society Group). Investigations are also being made by Dr. McKenzie in regarei to the mosquitoes carrying filaria. Systematic injections of Novarsenobillon and Neokharsivan are being given for yaws with, good results, both in Rarotonga, where one morning a week is set aside for this work, and in the outer islaneis as the occasions of our visits to them fit in. The settlements generally are in a clean and healthy condition, but there arc odd houses here and there to which we have to draw the attention of the occupants from time to time. The schools generally are clean, and the scholars also, and the teachers co-operate in trying to bring to our notice any unhealthy pupils they see. Sores and bad teeth are the chief affections. Outer Islands. — All have been visited by the Medical Officers with the exception of Manuae (a labour island), whose labourers have been inspected, before going anel on their return, ami no elisease found amongst them ; Nassau, another labour island, with labourers from, another group, who may or may not have been inspected in Samoa before going to Nassau ; Suwarrow, uninhabited at present; and Takutea, also uninhabited. Palmerston and the northern islaneis were found to be healthy, anel the settlements kept in a cleanly condition. There is a markeei eiocrease in the incidence of tuberculosis in these islaneis. There was a slight outbreak of influenza in Mauke, with which the Assistant Medical Officer dealt on the spot. Cases of yaws were treated there and in Atiu, as also in Aitutaki and Mangaia. There was an outbreak of influenza in Aitutaki, and as there was no Medical Officer there at the time the Island. Nurse, Miss Blackie, hael the handling of it. A case of yaws got to Manihiki from Aitutaki just before, my arrival there. It was segregated and dealt with at once when found, but another case (a sister of the former) had gone on. to Rakahanga before I got to know of it, and there was no opportunity of getting back there to deal with it. This is regrettable, as these northern islands have been clear for years. The teeth of the children in Palmerston and the northern islands are good ; in Aitutaki and Mauke, indifferent; in Mitiaro, Atiu, and Mangaia, fairly good. Lepers. —There has been no increase in the total number of lepers during the year. The case at Palmerston died. All are segregated, and all are under treatment with the ethyl esthers of Chalinoogra oil. Some of the cases show distinct improvement, but one cannot say that any are cured. Some remain, as far as one can judge, in statu quo ante, and. an odd one is worse. General Remarks. —On the whole the Islands have boon healthy throughout the year, the only epidemic disease anywhere having been influenza of a comparativeiy mild type in the islands mentioned. Vital Statistics. Attached hereto are returns supplied by the Registrar of Births, Deaths, and Marriages :—

I» rths. Deaths. Marriages. Island. European. Maori. M. E. European. Mai m. I m ,m. I ori. Euro " Maori, pean. Remarks. M. I?. I F. Rarotonga Aitutaki Mangaia . ."• Atiu Mauke Mitiaro Manihiki Rakahanga Penrhyn 4 3 1 .. I 54 19 18 16 13 1 70 25 10 23 8 3 7 1 1 30 15 9 7 13 1 7 3 3 33 1.4 7 11 7 2 3 3 8 3 32 10 8 7 3 To 31 Dec, 1923. To 31 Mar., 1924, 5 8 11 42 4 To Oct., 1923. To 31 Dec, 1923. 4 To 31 Doc, 1923. Totals . . 5 | 3 145 148 2 88 8.8 3 70

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Migration. The following shows the migration to and from Rarotonga for the period from Ist Aprils 1.923, to 31st March, 1924:— Arrivals. —Europeans : Adults—sl males. 42 females; children—3 males, 2 female's. Natives i Adult? -30 males, 20 females; children—s males, 12 females. Total for year, 165. Departures.— -Europeans : Adults—3s males, 26 females ; children 3 males, 4 females. Native's : Adults —10 males, 6 females; children —1 male, 2 female's. Total for year, 87. Education. The work of education is being improved and extended throughout the Group. A European schoolmaster anel his wife as assistant are being provided for the schools at the Island of Mangaia, in succession to Mr. and Mrs. Geoffrey Henry, Mr. Henry having been transferred at his own request to a position in the Registrar's Office at Rarotonga. It is also proposed during this year to provide a European schoolmaster at the Islanel of Atiu. The new arrangement decieled upon during the Minister's visit with the London Missionary Society, by which the schools of all the islaneis of the northern group—viz., Penrhyn (two schools), Ma.nihiki (two schools), Rakahanga, Pukapuka, Palmerston—will be properly conducted by the society under the supervision of our Superintendent of Schools, the Administration providing a, subsiely and certain equipment, should result in considerable benefit to the 350 children who, it is estimated, will be, enrolled in those schools. The Agricultural School at Rarotonga has been re-established, and ge>od work, is bejing done under the supervision of Mr. E. A. Reid, Chief Fruit Inspector and Officer in Charge of Agriculture Department. Arrangements are also being made to teach elementary hygiene in all the schools. The scholarship boys and girls attending St. Stephen's, Otaki, and. Hukarere Colleges are; making excellent progress. The proposal mentioned in the last annual report that our Native and other pupil-teachers should have, an opportunity of completing their course of study at a training college in New Zealand has been finally approved by the New Zealand Education Department. In the future we shall thus be; able to provide for suitable teachers from our own people. The annual report of Mr. J. C. M. Evison, Superintendent of Schools, is appended:— Attendance (Lower Group Schools). —As the whole of the returns from throe; of the outlying islands arc not yet forward, the following particulars are only approximate : — Roll number at the beginning of the year .. .. .. .. 1,344 Roll number at the end of the year .. .. ... .. .. 1,411 Mean average daily attendance for the whole Group .. .. .. 1,297-34 In the outlying islands the daily attendance is very creditable; indeed, but in Rarotonga, where it would be expected that parents would be keenly interested in the oelucatiemal welfare of their children, a gre;at deal of trouble is experienced in maintaining a high degree of regularity'in this direction. Syllabus of Work. —The beginning of the year marked an era in eelucational progress, when, for the first time, a definite syllabus of work was put into force. In the; opinion of those competent to juelge it is an excellent syllabus, and, provided it is interpreted, in the right spirit by all teachers, will be the means e>f laying such a sound and true foundation that pupils thoroughly taught along the lines laid down in it will be fully competent to tackle the work of a senior scheme which it is intended the; junior scheme will lead up to. Buildings. —Towards the end of the year a geioel start was made with the; erection of a new school at Arorangi. It is intended, to have two concrete buildings similar to those at Ngatangiia. The old stone building now used as a school will theo be; pulled down. As is usual in these islands, the' people of Arorangi are contributing a certain amount of; labour towards the neiw buildings. Staffs. —In April last Mr. and Mrs. W. M. Dane took charge of the school at Aitutaki, and have; created a very excellent impression by the way in which they have faced, their difficult task. Their school is now the largest, as far as numbers are concerned!, in the whole Group. Mr. Geoffrey Henry, who has had charge of the three schools at Mangaia, was, owing to health reasons, compelled to resign his position there. Northern Group. —During the visit of the Hon. Minister to Rarotonga he authorized, the payment of a subsidy to enable the children in those far-off islaneis to reap some of the benefits of education. The London Missionary Society's leade;rs will control the seven schools up there. The Administration will equip them on the understanding that when it is thought advisable it may take over the entire control of them. Pending the fruition of that idea, your officers are to have the; right of entry to all the schools for the purposes of inspection, examination, and instruction. Grading of While Teachers. —In October last an Inspector of the New Zealand Education Department, Mr. John Robertson, 8.A., visited the schools of Rarotemga for the purposes of graeling those; teachers who hold certificates under that Department. Both teachers and taught thoroughly enjoyed his stay ; the only fault to be found with it was that it was all toe) short. Training of Native Teachers. —A start was made to give tuition to these teachers. A class held e;ve;ry Saturelay morning met at Avarua, when the majority of those showed a great amount of interest in the; work of the class. Senior School. —At Avarua a senior e;lass of be>ys and girls was instructed every afternoon from 2 to 4, when some very good work was done.

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Public Works. During the year the main school building at Arorangi was completed; anel a start made upon the, erection of the smaller building. The; cost to date for material anel labour is £1,148 2s. I Id. The; other main activities of this Department have been as follows : Maintenance and repair of roads and bridges, £986 Os. 2d.; repairs and extensions to Government buildings, £1,310 9s. 2d.; making of furniture, &c, lor Government buildings and residences, £677 2s. 4el. ; construction of telephone t,ei wireless station (with Australian hareiwood po!e;s), £283 17s. 2d. New Works. —The following are the principal new works which are; contemplated : Erection of a new Residency at the Island of Atiu (estimated cost), £1,200; hospital alterations and extensions, £1,500; schoolmaster's house, Avarua, £1,200; quarters for single officers, Rarotonga, £200; telephone extensions, Matavera and Arorangi, £4-00; new freezer, plant, <fee, £1,500; improvements te) " Whare Manuhiri," £250; completion of Arorangi School, £350; repairs anel extensions to Other Government buildings, £1,000. Roads. —As indicated in the last report, the work on the main roael has been done by our own working gang, and the change from the old contract system has proved quite satisfactory. It is contemplated that the expenditure upon upke;ep, repair, and new we>rk on roaels and bridges will cost £1,200 during the coming year. Telephones. —The lines in Avarua, anel from Avarua to the wireless station, have been reconstructed, with Australian hardwood poles and a heavier-gauge bronze wire; during the year, and. the whole system is now in much better order. It is hoped by the end of the coming year to complete the lines to Arorangi on the one side anel. Matavera on the other, thus giving about eight miles of new work. Laws. Regulations have been made by Order in Council providing for proper inspection and audit of the accounts and transactions erf Native; companies. The Trades and Industries Regulations have been made by Order in Council, conferring upon the Resident Commissioner authority to make investigation into any matter relative to any industry carried on or proposeei to be carried on in the Cook Islands, and for the purpose of obtaining information which may be required for the due control, regulation, and maintenance of the industries of the Cook Islands ; the due observance and enforcement of the laws thereto ; the eliscoveries of breaches of those laws ; the prevention or suppression of monopolies, unfair competition, and other practices detrimental to the public welfare'; the proper regulation, in the public interest, of the prices of goods and the rates of services ; or for any other purpose relative to the industries of the Cook Islands. A Local Ordinance has been passe;d in Rarotonga prohibiting, for health reasons, the keeping of pigs within any village or within 150 ft. from any dwoilinghouse. High Court. Criminal Jurisdiction. —The total amount of fines inflicted was £964 55., of which £573 os. fid. has been paid anel £215 Bs. (id. worked out by imprisonment leaving the total outstanding for (he; year £.175 16s. The balance of outstanding fines for the previous year was £65, but of the; total outstanding it is considereel that some £38 3s. is irrecoverable, so that the actual asset under the heading of outstaneiing fines is £202 3s. Civil Jurisdiction. —The total number of cases hearel was 233, maele up of applications for divorce, breaches of contracts, debts, (fee. The position of cash receipts during the financial year is as follows : Fines paid for the; year ending 31st March, 1924, £573 os. 6d. ; amounts paid on account of fines for the year ending 31st March, 1923, £101 13s. 6el. ; civil fees, £31 6s. 6d. ; sundry fees, £3 Bs. : total cash receipts, £709 Bs. 6d. Return of Offences. —A total of 764 cases were heard for criminal offences, breaches of regulations, and for breaches e>f Local Ordinances, as follows : Wilful damage, 7 ; oontempt of Court, 3 ; animals trespassing, 52 ; theft, 28 ; drunkenness, 99 ; manufacturing intoxicating liquor, 36 ; selling intoxicating liquor, 2 ; consuming intoxicating liquor, 271 ; gambling, 6 ; assault, 18 ; adultery, I ; being in possession of intoxicating liquor, 1 ; insulting language, 5 ; profane language, 2 ; actual bodily harm, I ; breaking and entering, 1 ; smuggling, 10 ; bribery, .1 ; setting fire to house, 2 ; mental case, 1 ; breaches of Fruit Regulations, 92 ; breaches of Eeiucation Regulations, 25 ; breaches erf Noxious Weerls Regulations, 6 ; breaches of Local Oretinances, 94 : total, 764. Of the above total e;ases hearel 86 were sentenceet to imprisonment, 562 convicted and fine;el, 23 convicted and discharged, 92 dismissed, anel there was 1 mental ease. Native Land Covet. The most, important we>rk eleme during the year was the somewhat lengthy hearing of the; elispu(e> over the succession to the' Ariki title; of Makea-nui. The Court's judgment determined the position of the present law and Native custom in all matters regarding Ariki titles, including the relative rights of an Ariki, the Ariki family, the Mataiapos, priests, rangatiras, and the common people;, in relation thereto. As this judgments erne of great interest and value, a, copy appears as an appendix to this report. During the year the Court held sittings at Rarotonga, when the following work was done; : Succession e>n!er made;, i ; partition orders made, 2 ; confirmations of alienation, 2 ; hearing dispute as te) title; of Ariki, I ; e;a,ses adjourned, 2. Fees. —Total lee;s imposed for new work, £8 2s. 6d. Fees collected eluring year : Court fees, £34 14s. 6d.; office fees, £12 2s. : total, £46 16s. 6d. Total outstanding fees on 31st March, 1924, £840 2s. (including amount of £8 2s. (id. for new work).

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8

Wireless. The plants for tho substations to be erected at the islands of Aitutaki anel Mangaia have arrived, and it is expected that these stations will be; in working-order within the next few months. Four Rarotongan scholarship boys have; been transferred from St. Stephen's College to the Wireless Ce>lle;ge at Wellington, and it is hoped that they will be able to satisfactorily take charge of and. work these stations. The New Zealand Government has generously provided a vote of £1,500 towards the cost, so that the cosf to the local Administration should not be more than £500 or £600. Shipping. Wharf. —The Union Steamship Company's new wharf and the new boat-slip at Avarua have; both been completed, and are; greatly facilitating the handling of the carge> and lighters. Shipping-lights. —An electric lamp) of 40 candle-power has been erocteel on the wireless mast at a height of 145 ft. abe>ve sea-level, with a visibility of twelve to fifteen miles. During tin; visit of H.M.S. " Laburnum " the astronomical position of the wireless mast was fixed. The lights mentioned in the last report for the islaneis of Aitutaki, Atiu, anel Mangaia have been erected. All those; lights are proving of considerable convenience to shipping-masters. Native Fruit Company. This eiompany, referred to in the last annual report, is still being carried on under the supervision of Mr. Reid. The; membership has been increased to 397, anel the exports for last year were;: Oranges, 3,035 cases; bananas, 7,301 cases: total, 10,336 cases. The selling-price f.o.b. Rarotonga averaged 6s. 9d. per case for oranges and lis. per case for bananas. The net proceeds for the year amounted to £3,984 14s. 3d. It is expected that the membership for the coming ye;ar will exceed five hundred. Agriculture. Experimental Farm. —This is being carried, on in gooel. e)rde;r. During the year Mr. C. J. Boucheir was appointed Assistant Fruit Inspector, in order that more attention e;oulel be; given to fruitinspection, and to assist growers in the cultivation of fruit plants anel trees, both in Rarotonga and the Group islands. A campaign against noxious weeds has been, inaugurated, and Mr. Boucheir has been successful in having a large number of properties cleared up. Meteorological. The total rainfall at Avarua for the year ended 31st March, 1924, was 95-87 in., the highest reoorded for twenty-four hours be;ing 4-53 in. on the 25th March, 1924. The highest reading of the Fahrenheit thermometer in the shaele for the; year was 87°, on the Ist January, 1924, and the lowest was 57°, on the 18th August, 1923. The mean of the maximum was 86-3°, and the mean of the minimum was 75-15°. REPORT OF NIUE ISLAND ADMINISTRATION. Niue, Ist April, 1924. Finance. The year was commenced with a Credit balanoe of £972 18s. 9d. Revenue amounted to £4,642 4s. Idd., the, main items being- Customs duties, £1,857 19s. 7d. ; stamp-sales, £831 lis. 9d. ; copra export duty, £701 19s. ; and aid to revenue, £487. Expenditure amounted te> £4,403 os. Id., leaving a balance at 31st March, 1924, of £1,212 3s. 6d. The Resident Commissioner estimates the revenue for the coming year at £4,000. Stampsales will show a drop, as will also Native; Lane! Court fees and the Ammunition anel Lique>r Accounts. As to these last two, the credits shown for this year are largely due; to a decrease in stocks held. Expenditure for the coming year has been estimated at £4,075. It is apparent that unless some fresh source of revenue is found little further progress can be made, at any rate with works which will mean added upkeep expenses in future years, such, for instance, as further schools. The revenue available is now very little more than sufficient to cover the ordinary working-expenses of the Administration, whose activities have increased considerably of recent years, and there is but little money available for new works. The establishment of a fruit trade appears to be the only practicable solution of the difficulty, and in the meantime it is very necessary, in considering new works, te> study the question of future upkeep even though there should be money available for the initial work. This matter will be referred to again under " Education,"

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Statement op Revenue and Expenditure for the Year ended 31st March, 1924. Revenue. £ s. el. Expenditure. £ s. d' Balance in hand at 31st March, 1923 .. 972 18 9 Eduoation .. .. .. .. 46 711 Aid to revenue .. .. .. 487 0 0 Foreman, Public Works .. .. 225 0 0 Ammunition Account .. .. .. Or. 68 8 11 ; Furniture, officers'quarters .. .. 107 19 2 Copra export duty .. .. .. 701 10 0 Government buildings .. .. 271 4 0 Customs duties .. .. .. 1,857 lit 7 Hakupu —Teacher's residence .. .. 577 210 Dog-tax .. .. .. .. 44 17 6 Interpreters .. .. .. .. 120 0 0 High Court Ices and tines .. .. 241 5 3 Jetty .. .. .. .. 20 1 4 License's .. .. .. .. 155 15 0 Library .. .. .. .. 10 18 0 Liquor Account .. .. .. Or. 153 810 Matin trial—Expenses of Inspector Bennett 181 4 3 Native Land Court fees .. .. 84 10 0 Medical service .. .. .. 912 17 10 Registration Ices .. .. .. 15 9 0 Miscellaneous services .. .. .. 124 7 8 Stamp-sales .. .. .. ~ 831 II 9 Niue Island Council .. .. .. 60 0 0 Polioo .. .. .. .. 355 0 5 Printing and stationery .. .. 53 12 7 Prisoners' food and supervision . . . . 212 5 1 Rent, officers' quarters . . . . 40 10 0 Reservoirs .. .. .. . . 82 210 Roaels . . . . . . . . 806 4 0 Transport .. .. .. .. 190 2 2 4,403 0 1 Balance— £ s. el. Cash in hand .. .. 921 15 10 Bank of New Zealand .. 290 7 8 — 1,212 3 0 £5,615 3 7 £5,615 3 7 Shipping. During the, year the " Ysabel " made five trips to Niue from Auckland, the " Lady Roberts '' called once, and the ill-fated " Kaeo " was wrecked here on her first trip. In addition H.M.S- -" Chatham " and H.M.S. " Laburnum " visited Niue once each, and in March the American tourist steamer " Buford " spent a few hours he;re. After the " Ysabel " had made four trips she was taken off the run and the " Kaeo " replaced her. Her mails and inward cargo were ashore, anel she had taken on board some 50 tons of copra when she was wrecked at Tuapa. Tuapa is admittedly difficult to work, but vessels with anel without power have loadeel anel unloaded there successfully for the last half-century. Niue is acejuiring an unenviable reputation for wrecks, but the Resident Commissioner gives it as his opinion as to those vessels which have met with misfortune there of recent years that the islanel has done very little to earn it. Salvaging operations were commenced immediately, and part of the copra, with ship's fittings and stores, engine-parts, &c, were brought ashore before the vessel went over on her side, where she rapidly broke up. Captain MacDonalel and two of his men made the trip to Apia in the ship's lifeboat, with the result that the Samoan Administration's steamer " Lady Roberts " was promptly to hand. Orders for the hurricane season were forwarder! by the lifeboat, and these goods came to hanel in the " Ysabel " at Christmas time ; otherwise there woulel have been a shortage of food and general supplies. This Administration and, indeed, every one in Niue are deeply grateful to all concerned for the promptness with which relief was afforded. This emphasizes once more the necessity for wireless in an island such as Niue. In this case Captain MacDonalel was fortunate enough to make; Apia without mishap, but it is unfair to ask or permit men to run risks of that nature. The Resident Commissioner has twice been faced with this situation during his term here, and on the previous occasion—the wreck of the " Awanui " —ho declined to permit Captain Anderson to make such an attempt, as it was during the hurricane months, anel had disaster attended this boat he could not but have felt partly responsible. There are, of course, emergencies of other kinds where wireless might be no less than a vital necessity. Trade. Imports for 1923 amounted to £18,388, and exports to £13,227, a total trade value of £31,615, as against £30,540 in 1922. 702 tons e)f copra wore exported, but at le>ast another 200 tons we;re in the' sheds ready for shipment at the end of the year. The wreck of the " Kaeo " deprived the islanders of the opportunity of shipping another 100 tons or more. It is to be hoped that there will be facilities to clear the island at the end of this season. The export of hats is small. There is a glut in these articles in Now Zealand, while tariffs and the competition of cheap Asiatic hats prevent entry to other markets. The fact that the promised steamer service did not materialize was a heavy blow to the island. A fruit trade is the only road to progress horc, and it has already been abundantly proved in the Pacific that copra alone is not sufficient to make an island prosperous. A number of Natives planted bananas extensively in view of the proposed service, and it has been suggested that, should a regular steamer service not eventuate this year, a steamer should call at least once late in the year to ship what bananas are available and also remove any balance of copra lying in the sheds. Pe>RT or Aloft. Return of Imports for the Year ended 31' si December, 1923. £ [ £ New Zealand .. .. ..14,737 Switzerland .. .. .. 99 United Kingdom .. .. .. 1,067 United States of America .. .. 783 Australia .. .. .. .. 1,627 American Samoa .. .. .. 3 Canada .. .. .. •■ 1 ■ Western Samoa .. .. .. 69 £18,388 Tonga .. .. .. .. 2 .=«—«

2—A. 3.

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10

Return of Exports for the Year ended 31st December, 1923.

summary. £ New Zealand .. .. .. .. 12,960 Western Samoa .. .. .. .. 267 £13,227 High Court and Native Land Court. During the year 478 criminal cases were dealt with by the High Court. One prisoner was sent to New Zealand on conviction for indecent assault on a child. Otherwise there was no serious crime. Civil work was, as usual, negligible. Fees and fines for the financial year amounted to £241 ss. 3d. The provisions of section 9 of the Cook Islands Amendment Act, 1921, led to an abnormal number of applications for adoption, and eighty-seven were granted during the year. Otherwise no Native Land Court business came be;fore the Court. Council. Four meetings of the; Island Counedl wore held during the; year, and the following Ordinances were passed : — The Emigration Ordinance Repeal Ordinance, which does away with the tax of £1 paid by Niueans leaving the island. The olel Ordinance failed, in its purpose, as the fee was not large enough to deter Natives from leaving, while at the same time it caused a good deal of resentment. This matter is, however, gone into more fully elsewhere in this report. The Water-supply Ordinance, which se;ts apart certain of the waterholes and caves for drinking purposes only. Hitherto all such places were used indiscriminately for bathing, washing clothes, and drinking. The Debt limitation Ordinance. —There was a similar Ordinance in force here before the Cook Islands Act came into operation, and it worked well. A meeting of traders requested the Residont Commissioner to attempt to reinstate it, anel the Natives agreed. Traders are now allowed to give credit to Natives only in certain special cases, and always under a contract made; before the Resident Commissioner, who estimates that a sum of £4,500 was due to the traders by the Natives when this Ordinance came into force;, or well over £1 per head of population. But once the initial harelship of paying off this sum is over he is satisfied that nothing but good can result. The Ordinance is working smoothly, and there have been no complaints, while substantial reductions have been made in the amounts owing in at least some; of the villages. Education. It will be observed that a sum e)f only £46 7s. lid. has been expended under this heading during the year. At the Ist April, 1923, the; New Zealand Government took over the payment of the salaries of all teachers, and further refunded a sum of £150 on account of pay of one teacher for the previous year. These facts account for the low expenditure. Mr. Bolton, M.A., at present in charge e>f both schools, states that, the equipment is adeepjate;, so that working-expenses should not be heavy in future. A residence has been erected for the head teacher at Hakupu, anel special care has been taken to make this a comfortable dwelling as some compensation for living in a back village with little or no contact with other Europeans,

Article. Where exported. Quantity. Value. Coconuts .. Dopra New Zealand New Zealand Western Samoa 689-i tons £ 1 Fancy goods 10,979 New Zealand Western Samoa New Zealand 702 „ Fungus 3,317 lb. \ 162 92 Hats New Zealand Western Samoa 2,900f doz. 22 raro Re-exports New Zealand 2,922| „ 2 cases 1,881 1 111 £13,227

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Mr. Reeves, headmaster at Tufukia, left Niue in November last for dental treatment, and at the same time Mrs. Reeves, who had been on the staff of that School, resigned her position. Since then Mr. Bolton, while continuing his duties at Hakupu, has given some supervision to the work at the larger school. Thirty-six of the older pupils were dismissed in the meantime, but otherwise the staff has managed to cope with this emergency, and the Resident Commissioner thanks them all for their willing assistance. At the 31st March the Tufukia School roll stood at 155, anel Hakupu at eighty-five ; but on the return of Mr. Roeve;s no doubt many of the thirty-six pupils above referred to will come back to school. An exhibit of handwork, writing, drawing, efec, from both schools was added to the island exhibit for the British Empire Exhibition, and forwarded during the year. Educational work has been entirely satisfactory. Special attention has been give;n to classes in Native arts and crafts ; the Technical School continues to turn out useful articles of furniture;; and another innovation is that all children arc now taught to read alse> in their own tongue. On last year's estimates appeared an item e>f £200 towards the erection of a school at Mutulau, anel this sum again appears on this year's estimates of expenditure. The balance of the cost of erection woulel fall on the Natives concerned, in the form of Native building-material and labour. As mentioned under the heading of " Finance," this is a matter with which the Resident Commissioner is not prepareel to go ahead unless there are prospects of revenue to justify further extension. Equipment for the school will cost about £250, a teacher's residence about £700, furniture for same (say) £100, and there is also a reservoir to be provided, it would, of course, be folly to build the school unless this further expenditure could bo met in the; ne;ar future. As soem as a steamer service is assured the matter will be further considered. Public Works. A good deal of now roadwork has been qompleted during the year. The: coast road to Tamakautoga was finished in June, and has proved quite satisfactory. There was very little rain for some months after it was finished, and in consequence the grass diel not grow on it very well, necessitating repairs ; but the whole length of the road is now well grassed, anel will give little further trouble. Two wayside tanks have been provided on this road. During February and March Hikutavake Village has been employed on a road to link the; village up with the main road arounel the island. Hitherto the only connection was a branch road. This work is within a reasonable distance of completion, and includes a hill on which the village has done excellent work. The grading and crowning leave; nothing to be elesired, and the e;onstant repairs necessary on other hill roads in Niue should not be; necessary here. Liku effected repairs on three miles erf their road to Alofi, and the prisoners have done a considerable amount of work in the vicinity of Alofi, notably on Peta Hill. As to Government buildings, tile; teacher's residence; at Hakupu is the prinoipal work completed. It consists of four rooms, with kitchen, storeroom, anel bathroom in addition, the whole surroundeel by al2 ft. veranda. A concrete tank remains to be built, anel there are a few other details to be attended to, but the house will be ready for occupation during April. The bond-shed has been enlarged from a floor-space of 27 ft. by 34 ft. to 27 ft. by 60 ft., and concrete has been substituted for wooden flooring. This was done in anticipation of the steamer service. The prison-cell building has been re-erected in reinforced concrete. Painting has been carried out at several buildings, and all have now been attended to eluring the past eighteen months. Minor repairs and improvements have been effected whore necessary. Two concrete tanks have been erected at the Residency, one at the house and one at the new office building. All residences have now either a reservoir or a concrete tank to draw on. As to work for the coming year, repairs are required on several short stretches of road. The rainfall during the hurricane season has been abnormal, and some of the roads have suffered in consequence. The reservoir at Mutalau is to be duplicated, and, if funds permit, that at Liku also. A force-pump is to be tried at a deep watcrholc in Hikutavake, and if this proves successful other waterholcs will be; similarly fitted. An experiment of fencing in cement, with a pipe railing, has been tried on part of the Residency grounds. Fencing in wood has meant continual repairs, and it is proposed to provide these; permanent walls for all Government grounds as occasion arises. Should a steamer service still eventuate, an enlargement of the jetty, erection of fruit-sheds, and shutes to carry the cases to the wharf will have to be considered. Population. The following table shows the births, deaths, and marriages for the; past five years : — Births. Deaths. Marriages, 1919 .. .. .. ..110 126 71 1920 ~ .. .. ..92 104 45 1921 .. .. .. .. 103 97 46 1922 .. .. .. ..99 82 47 1923 .. .. ' .. .. 106 103 42 As to migration, 30 persons, including 13 Europeans, arrived, and 32 persons, including 17 Europeans, departed.

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Appended is a tabic showing tho population of the island at Various dates and including all available figures : —

Vital statistics are complete from the Ist April, 1901, te) the 31st March, 1924, and these elisclose the fact that deaths exceeded births during that period by 19 only. Yet from the above table it appears that since 1900 there has been a drop of 219 in population. It is therefore clear that migration and not an excessive mortality is the real danger in Niue. It is also fair to assume that the big drop visible in the mission period is largely due; to migratiem. If further proof bo wanted, the settlements of Niueans in Rarotonga, Apia, Pago Pago, anel the larger islaneis of the Tongan Group provide confirmation. Other Niueans are spread through the remaining islands of the Pacific; many are; at sea as sailors; anel there is also a iarge colony in Auckland, whence a few of. the hardier spirits are beginning te) scatter through New Zealand. The majority of the Natives who are away are now permanently domie;ilcd in the islands in which they reside ; many have, through marriage, acquired homes and plantations, and some of the younger Natives have even forgotten their own tongue. The prospect of seeing them again in Niue is therefore remote;. Formerly practically every young man spent some time at sea or abroad. Also, the scope for day labour in Niue is small. Therefore the; younger men are clamorous to go ; and, though they are willing to promise to return, the Resident Commissioner is satisfied that such promises for the most part would not be honoured. It is only a lack of shipping which has kept these men here of late ye;ars. In his report for 1922 the Resident Commissioner at Rarotonga recommended that there should bo ample power to prevent Natives from leaving these islands without good reason, and such authority is urgently needed here. Such a step will no doubt be regardeel by some as an unwarrantable liberty with the frocelom e>f British subjects, but personally the Resident Commissioner regards these people as children —in a state of tutelage and as yet unfit for a full freedom. As/they themselves have not yet acquired a regard for the future welfare of their own island, it is surely our duty to take some such step in their own interest. Medical Service. During the; year an extensive campaign has been carried out against yaws, as a result of which the island can now be saiel to be fairly clean. The cases that remain are for the most part in the form of crackoei foot, which is not an infectious form of the disease, and has accordingly been left to the last. Dr. Dorset, of the Western Samoa Administration, who relieved Dr. Collins in November, brought a simpler and less painful method of injection, which has founel much favour with the; Natives. Another important advance was the discovery by Dr. Dorset of the existence e)f hookworm in Niue. So far as can be ascertained., this disease has never been treated here, but the probabilities aro that it is extremely common, and that the very prevalent cases of anaamia are due to it. Fortunately the treatment is both simple and cheap, and immediate steps are being taken to provide it. It is proposed to treat the whole population, village by village, for this complaint. It will be observed that the deaths for 1923 are 103, as against 82 the previous year. During the; year Tupeli, the Samoan probationer nurse who was on loan to this Administration, completed her term and was returned to Samoa. Dr. Dorset is of opinion that the Niuean probationers aro superior to the Samoan, anel that there will be; no further need to look outside the island in staffing the hospital. During the year 144 patients were treated at the hospital, the average stay being seventeen days ; 2,383 persons visited the elispensary, and the Medical Officer visited out-villages on 224 occasions, in most cases more than one patient being visited. In addition 846 injections for yaws were given. Postal. The following figures show the postal business transacted during the; year, the; total volume eif business amounting to £5,566 3s. 7el. Monoy-orelers—issued, £846 14s. 3d. ; paid,' £547 15s. Savings-bank —deposits, £2,017 J 4s. ; withdrawn, £626 lis. Postal notes —issued, £90 3s. lid. ; paid, £12 17s. 6d. Miscellaneous payments, £1,038 Is. Bd. Meteorological. Summarized, the readings for 1923 are as follows : Barometer (mean for year), 30-03. Thermometer —highest, 98, in February; lowest, 56, in October; mean maximum, 83-71 ; mean minimum, 68-48. Rainfall, 84-71 in. Rain fell on 115 days. There is nothing special to chronicle under this heading. The hurricane season passed without the least semblance of a blow. The rainfall was abnormal, but there was very little of the oppressive heat usual at that time of year.

Year. Population. Remarks. Year. Population. Remarks. .859 .864 .875 883 .884 .887 .891 893 895 .900 4,300 5,010 5,076 5,126 5,070 4,726 4,482 4,463 4,433 4,015 ) I I I [Mission estimate (inf complete). i I J 1902 1906 1911 1916 1921 1921 1922 1923 1924 4,051 3,801 3,943 3,876 3,761 ■3,781 3,779 3,780 3,796 >Census, June. Census, November. Census, October. Census, April. [ Registrar's records, f 31st December. Registrar's records, 31st March.

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Vital and Migration Statistics for the Year 1923.

Births and Deaths for the Year 1923.

Return showing Ages at Death, under Villages, for Year 1923.

Return of Marriages for the Year 1923. Marriages performed by — London Missionary Society .. .. .. .. .. .. 27 Resident Commissioner .. .. .. .. .. 14 Registrar .. .. .. ~ .. .. . . 1 Total .. .. .. .. ..42

13

Aboriginal Natives. Persons other than Aboriginal Natives. Male. Female. Total. Male. Female. .rrivals departures irths .. >eaths 13 12 56 43 4 3 47 60 8 5 9 8 1 2 3D 32 106 103 Population. —At 31st •ecember, 1922 i, 3,779 ; at 3: si, December, 1923, 3,780.

Births. Deaths. e. Male. i Female. Total. Male. Female. Total. Alofi Makofu 13 4 4 0 7 3 5 7 1 7 5 1 6 3 4 1 7 3 7 8 19 7 8 1 14 6 12 15 1 11 9 3 3 3 5 3 9 1 3 6 1 3 6 8 1 11 6 16 3 3 6 1 4 1 II 4 16 9 Tuapa Hikutavake Mutalau Lakepa Liku Hakupu Fatiau Avatele Tamakautoga Europeans .. 25 4 6 12 2 7 7 4 4 2 Totals 57 19 106 43 60 103 Births include 9 ill legitimate.

Village. 03 CO f-t t-t to co to to to H fi 4 fi h c5 c3 c6 ci li D cVJ CD CD >H i>H &H £ [» O ■* Ca -f OS r—i (M ' <N CO I CO »6 © ic © >o !-■! <M CN CO CO 1 to tv5 © el 1 £ U > O _ Total a © © OS ,i Alofi Makofu Tuapa Hikutavake Mutalau Lakepa Liku Hakupu Fatiau Avatele Tamakautoga .. 1 2 1 3 2 i l i l 1 2 2 1 1 1 2 2 1 1. 1. 1 1 1 1 1 1 1 1 1 .. 1 1 2 1 1 .. 1 1 1 1 2 1 2 1 4 11 1 4 5 1.6 9 10 25 4 3 6 5 12 2 4 7 4 7 1 3 1 1 I. 1 i i l 1 1 .. I Totals .. 9 7 1 6 7 6 5 3 36 103

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High Court of the Cook Islands, Niue. Return of Criminal Cases for Year 1923.

14

Mai Mai Jes, les. Femal ales. ties Offence. Offence. Total. Convicted. Convicted. Acquit Acquitted. ttod. Convicted. Acquitted. I Under Cook Island Under Cook Islands Act. ds j 37 11 44 5 42 8 19 5 2 2 1 30 13 1 1 1 3 3 58 16 99 31 64 8 38 12 2 2 I 32 22 1 1 1 I 7 Assaults Indecency Adultery Libel Theft Mischief Obscene language Disorderly conduct Breaking and entering Furious driving Contempt of Court Wandering animals Assaults Indecency Adultery Libel Theft 37 11 44 5 42 3 5 3 4 5 3 4 15 5 44 17 16 6 6 2 Mischief Obscene language Disorderly conduct 8 19 5 2 1 2 1 13 6 4 Breaking and entering Furious driving Contempt of Court Wandering animals Trespass 1 30 13 2 2 2 7 Indecent assault Cruelty to animals Carnal knowledge Practising witchcraft . . Polluting water Trespass Indecent assault Cruelty to animals Carnal knowledge Practising witchcraft Polluting water 1 1 5 1 2 5 Uruler Regulatic Birth registration Uruler Reg ulation s. Birth registration Protection of birds Eelucation on. IS. 1 1 2 1 1 2 i Protection of birds 2 Eelucation Under Ordinam Morality Copra Road-weeding Under Ordinances. ;cej >,S. 22 4 2 22 4 2 1 3 2 2 2 ! 24 2 2 4 I 52 7 4 1 3 3 2 6 Morality Public health... Copra Road-weeding Public health... Traffic Sanitation 1 Traffic 1 2 Sanitation 2 1 Dog-tax Coconut-cleaning Dog-tax 6 2 Coconut-cleaning 6 Totals Totals 271 271 25 25 156 26 478 Civil Cases s. Judg ,'incnl. Dismissed. Total. Debt .. Judgment, summons Divorce; —Decree nisi Divorce—Decree absolute Miscellaneous 2 1 5 8 2 I 3 I 5 8 2 Totals . . .. ; 18 .. j 1 18 1 19 n Applications for adopt! Native Land Coukt. in! 11 ,ntcc Iai 57. nvE Land C DOUBT, ition granted, 87.

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APPENDIX. JUDGMENT OF THE NATIVE LAND COURT RE RANG! MAKFA ARIKI (DECEASED) ON THE APPLICATIONS FOR SUCCESSION TO THE ARIKI TITLE AND ARIKI LANDS. Delivered at Avarua, 29th September, 1923. Claimants: (1) Tinirau ; (2) Ngoroio. The main question for the Court to decide is as to the person properly entitled to succeed Rangi Makea in the office of Ariki. The following is a summary of the principal events from the time of To-Pa-Atua-Kino down to the; present time, based em the findings of this Court thereon from the evidence adduced in this case, and from various documents and records which will be referred to. The Court's findings may in some respects differ from tradition, but it must be; remembered that the Court is bound to a very large extent by sworn evidence rather than by statements made at various times by persons who were not on oath, and who probably were, in some cases, interested in giving a partieudar version for their own purposes. 1. Genealogies given by Tinirau and his witnesses show that Te-Pa-Atua-Kino had three wives, from whom have sprung the Ariki families of Makea-nui, Makea Karika, and Makea Vakatini. Tinirau's siele assert that Te-Pa-Atua-Kino's first wife was Puara, anel his descendants are the present Makea-nui line ; that the second wife was Pouna, from whom have sprung the present Karika line ; and that the third wife was Ngamarama Apai, from whom the Vakatini line is descended. Tepurctu's evidence, given on behalf of the Mataiapos and Ngoroio, is to the effect that Te-Pa-Atua-Kino's first wife was Pouna, anel the; seconel wife Puara. He; does not show any third wife. The questions raised by the difference in evidence on these points between Tinirau and Tepuretu are; —first, whether the present Vakatini line sprung directly from Te-Pu-Atua-Kino ; and, secondly, whether Karika or Makea-nui is the senior line ; but it is not necessary for this Court to give a definite finding on these questions in order to settle the matters which are at issue in this particular case. 2. Ken was the son of Te-Pa-Atua-Kino and Pouna. From Keu the Karika line is descended. Pini (or Puni) is the son of Te-Pa-Atua-Kino by Puara, anel from him come the Makea-nui descendants. There is a question as to how the title of Makea-nui came to be bestowed on Pini. Tepuretu asserts that the Mataiapos of Tupapa, who wore then at Arai te Tonga, but attached to Pa Ariki of Takitumu, took Pini and maele him an Ariki because his mother, Puara, was grieved that the child of Pouna anel Te-Pa-Atua-Kino was an Ariki and her child was not. The following extract from the judgment of Judge MacCormick re Sections 33, 35, 36, and 37, Avatiu (Minute-book 5, page 167 a), is of interest, though not of particular importance in this case : — The Court believes that the evielence of Raea Rupe is the most correct of all the witnesses for Makea. He says, " When the tight took place between Ngati Makea and Takitumu, Makea was driven out. After peace was made, Pa and Kainuku and the Mataiapos of Tupapa got Makea to come back, anil the land was given back to Makea anel the rangatiras as if there; had been no conquest. He went back into the position he hatl been in before the oonquest. According to some writers, this Makea was Pori, although it was Tinirau who was taken into captivity. This took place after the' establishment of Pini. Tinirau's version is that Te-Pa-Atua-Kino had issue from each of his three wives, and that to save any trouble or jealousy he bestowed the title; of Ariki upon the first-born of each wife, and also gave them their portions of land. Tinirau's evidence is supported by the judgment of Colonel Gudgeon in the case of Sections 83 and 84, Takuvaine (vide Minute-book 2, page 22). In this judgment the Court said: — Makea Te-Pa-Atua-Kino divided his authority and Arikiship between his three sons, creating three titles instead of one —viz., Makea, Karika, and Vakatini —each of whom should be independent, of the other. Whichever version is true, the undisputed fact is that Pini became; an Ariki, but without Mataiapos, as it is shown clearly by the evidence that the Mataiapos of Tupapa remained attached to the Arikis of Takitumu until Christian times. Make'a Tinirau was the son of Pini (or Puni), anel it was during his time that the Gospel came to Rarotonga. During the building of a large church at Avarua, in which the' whole island joined, a dispute arose between the Mataiapos of Tupapa and Takau, a leading Mataiapo eif Fa Ariki, in regarel te> certain of the work, and because the Mataiapexs considered they had been insulted they left Pa and joined Makea (said by some writers to be Pori). Prior to that they were not under the Makea Ariki in any sense. They owed the whole of their allegiance to Pa and Kainuku of Takitumu, and their lands were in Takitumu. This point will bo of importance when we consider the terms of the alliance; between Makea Ariki and the Mataiapos, as a very important question in this case is as to the relative, powers of each at the; present day. In Minute-book 4, page 316, in the case concerning the' To Areroa partition, Tepuretu gave evidence as follows :— I will speak first of the first coming of the Mataiapos of Tupapa. When they all lived under Pa Paretu tho work doing at Takitumu was the building of a church. All the Arikis and Mataiapos of Takitumu did the work. When work was finished Pa Paretu came to see it, and found it carelessly done. Vakapora's work was especially bael, and that Ariki tore down the bad work, and this action greatly annoyed the Mataiapos, and that is why the Mataiapos left, Takitumu and came to Arai-te-Tonga. Makea Pini was at Arai-te-Tonga, and six Mataiapos left Takitumu and came to Arai-te-Tonga. Taraare, Vakapora, Uirangi, To Ava, Tamaiva, and Tepuretu were the six.

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This evidence was given in 1908, and is clearly wrong, because Tepuretu says the Mataiapos joined . Pini. Pini lived in heathen times when there were no churches. 3. Pori was the; son of Tinirau (who died in 1826), and to him descended the Makea Ariki title. Pori's first wife was Takau, of the Karika family, and the' issue were —Davida (died 1845) ; Te-vaerua (died 1857) ; Daniela (died 14th December, 1866) ; Apera (died 24th September, 1871) ; Enua. Tepuretu states that Pori's wife was named Poro-iti, and also that Daniela was senior to Te-vaerua. He appe;ars to be wrong on both these points : See the evidence of Pori, grandson of Daniela, given before Judge MacCormick in 1912, in the case of Vaimutu Uri 81, Avarua (Minutebook 5, at page 193), in which he shows that Takau was the; wife of Pori and the mother of the child named. To-vaerua, who was the second-born. This evidence will be again referred to in paragraph 6. The statement signed by Makea Takau on Resielont Commissioner's file 323 states also that Pori's wife; was Upoko Takau, the; daughter of Makea Takau (Karika). 4. The title of Makea passed from Pori (who died in October, 1839) to his son Davida, and from him to Te-vaerua, and from Te-vaerua to Daniela (on 3rd August, 1857), from Daniela to Apera (in 1866), and after Apera's death to Makea Takau (Queen Makea, the daughter of Davida). The evidence shows that Daniela left no will. (Note : The dates of death in the foregoing paragraph are from the headstones on the various graves.) 5. It will be seen that Enua, the fifth child, did not hold the title. It appears to be common ground that he was adopted into the family of Vakapora. 6. It was set up by Tinirau that Daniela was the share of his mother Takau, and that he went over to the Karika side, losing for himself and his descendants any rights under Makea-nui. It is established that Daniela held (or was custodian of) the Karika Ariki title, and that whilst holding that title he became Makea-nui, giving the Karika title over to Pa Ariki. Daniela held the Makea title till his death. The evidence of Tinirau's side is to the effect that Daniela became the Makea-nui be>cause of a wish expressed by his mother, Takau, that all her sons should in turn enjoy that title. It appears that Pori had two wives when the missionaries arrived here, and because of Christian teachings he decided to divorce or discard one of them. He put Takau aside, keeping his second wife ; and, if the evieience is true, Takau, as some compensation, requested that all her children should in turn hold the title of Makea-nui. The evidence of Pori (Minute-book 5, page 193) states that when the missionary, Mr. Buzzacott, came here Makea Pori had two wives, anel that he was required to divorce one. The evieience proceeds : — So he sent Takau away anel kept Kopu. Takau took all her children and effects back to her father's house. She placed her son Daniela in the position of Karika Ariki. Takau's brother married, and his son was Pa Tuaiva, whose son was Tavake, whose daughter is the present Karika Takau. Daniela was in charge of the title of Ariki for some time, and then Te-vaerua Ariki elied, and so Daniela went back and took the other Makea Ariki title, and gave the title of Karika Ariki to Pa Tuaiva. When Daniela went back to be Makea-nui the Karika elders gave Ngoroio, his son, shares in the Karika lands, and appointed him a rangatira under Karika family. And these lands have descended to me. This land (Vaimutu Uri) is part of these lands. The lanels given were those of Te Pou, son of Makea Kcu, who died without issue. The lands and title passed to Karika, and the elders gave them both to Ngoroio, who thus became Te Pou. This is the evidence of Pori, the grandfather of the present claimant, Ngoroio, and it must have an important bearing on the questions to be decided. Ngoroio's side has been unable; to supply the Court with any evidence as to any family land derived or helel by his family from the Makea-nui side;. Daniela, of course, holel the Ariki land by virtue of his office, and he in due course passed them on to the next Ariki. The title anel lands helel by Tui will be referred to later. The fact that since the time of Daniela his family have not eaten of the Makea-nui lands is very strong evidence that Daniela's family definitely went over to Karika's side, and this was pointed out to Tepuretu several days ago, but he is apparently unable to supply the Court with any evidence on this point which will assist his side. Anautoa, a leading rangatira of Karika, states that Daniela's family definitely left Makea-nui altogether, anel that they are under Karika and holding Karika lands. 7. Makea Takau held office as Ariki for forty years. Shi; died, on the Ist May, 1911, leaving a will dated 26th April, 1911, by which she gave her title of Ariki to Rangi Make;a, the son of Apera. This will is attached to the Resident Commissioner's file No. 323. On the sth April (prior to the making of her will) she sent for the Resident Commissioner, Captain J. Eman Smith, in order to express her wishes regarding the Makea title. On the Resident Commissioner's file above mentioned is the statement, signed by herself, and witnesseel by the Resielont Commissioner and his Private Secretary, Mr. Twiss. Mr. Savage was present as interpreter. The following is an extract from Makea Takau's written statement: — I elesiro to tell the Resident Commissioner my wishes regarding the title of Ariki. I feel that I am sinking, and want to express my wishes to you, the representative of my King. Two of my family aro left now- myself and Rangi Makea. If I die I wish Rangi Makea, my cousin, to succoeel mo. I want you, Captain Smith, to know this anil carry out my wishes in this matter. She then wont on to express her wishes in rogarel to certain lands anel property, and some of these are covered by her will. It is significant that no mention was marie by her of Pori, the grandson of Makea Daniela, who was then alive, nor of any other member of that family. She said, " Two of my family are left now," thus expressly passing over Daniela's elescondants. It was stated by Tepuretu (Minute-book 9, p>age 290) that not very long be;fore her eleath Makea Takau expressed the wish that on her death the; Ariki title should go to Pori, and that Pori declined, as ho was then a pastor. If this is correot it is strange that Makea Takau made no mention of Pori

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to the Resident Commissioner on the sth April, 1911, nor in her will on the 26th of that month. Moreover, the Mataiapos do not appear to have set up any claim on behalf of Pori at that time, either on the selection of the new Ariki (Rangi Makea), nor on his crowning, which took place some months after. On the sth July, 1911, the Island Council unanimously elected Rangi Makea as the new Ariki, in accordance with section I of Federal Ordinance No. 26. No mention appears to have been made of Pori. Tho statement of Makea Takau referred to in paragraph 3 contains the following : — Makea Daniela had descendants by his two wives. His children by his first wife are amongst the family of their mother- that is, on Makea Keu's side. (He was a son of Te-Pa-Atua-Kino.) Tu-a-Maroka was Daniela's first wife. This statement of Makoa Takau's was produced to Colonel Gudgeon in the Native Land Court in connection with the ownership of Taputapuatea, and he made a note on it in his own handwriting relative to the succession to the Makea Ariki title. His own words are : " Pori anel his brother (Tui) 1 won't have." As the reason he gave might give offence to that family, the Court declines to put it on record in this juelgment, but it is open for inspection on Eesidont Commissioner's file 323 if any intoresteel party cares to see it. At the making of Makea Takau's will there were present, amongst others, the Mataiapos, Taraare, and Vakapora. Taraare was idso the priest (Potikitaua). They wore the; only Mataiapos present, and no objection was oyer raised by the other Mataiapos. There is little doubt that Makea Takau would know the correct custom to observe, and the Kopu Ariki, the rangatiras, and the Mataiapos seem to have been satisfieel. 8. The next event of importance is the death of Rangi Makea Ariki on the 24th July, 1921. The evieience shows that on the sth July, 1921, Rangi Makea expressed a wish to make a will. First of all the Resident Commissioner, Mr. J. G. L. Hewitt, was sent for, anel to him Rangi Makea saiel he; wanted to make his will. Mr. Hewitt then sent for Mr. Savage to act as interpreter, and for Mr. Foster, his Private Secretary. Rangi Makea then gave his instructions openly, anil so that every one could hoar them. He wanted Tinirau to succeed to his Ariki title and his property. Mr. Hewitt then went back to his office to prepare the will, anel returned with Messrs. Savage and Foster to get it executed. Tho evidence establishes that Tinirau went for Enua Vakapora, Mataiapo, and Taraare Inaina, the supposed successor to Taraare as Mataiapo and priest. Inaina was away at Matavera, but her husband promiseel to go for her with a buggy. The evidence also shows that Karika Ariki, Vaiki (pastor), Putu, Pa Rereao, Ngaropa, Parau (now deceased), Manarangi the Potikitaua, and others wore present. Tinirau diel not stay in the room. Those who wore present clearly heard what was saiel. Vakapora has admitted that he saiel that the will was quite all right and no one would contest it. Inaina was not actually present when the will was signed, but she arrived just after the; Resident Commissioner had left, but all the others were still there. The will was read over to her, and she said it was all right. The same customs and formalities were observed in tho making of Rangi Makea's will as were observed when Makea Takau (Queen Makea) made hers. Although the other Mataiapos might have a right to be present, it seems to have been accepted that Taraare and Vakapora were the two who were usually sent for on these occasions, and it may be assumed that they representee! the Mataiapos as a whole. It was clearly their duty, if they did not agree with the will, to raise an objection at tho time. Further, it was their duty to acquaint the other Mataiapos with the terms of the will, and what had happeneel at the execution thereof. If they failed in these duties the fault was on the side of the Mataiapos, and not on that of the dying Ariki. Rangi Makea did not die until the 24th July, and for a considerable time after the making of his will he was in a fit mental condition to have dealt with any matter which might have been raiseei regarding his title or lanels. It is shown that the Mataiapos did not attend his death-bed until shortly before his death took place, and he was then unconscious. Tho fact remains that he took all proper and usual steps to establish his wishes by will, and ho was allowed to die thinking that no one, whether belonging to the Kopu Ariki, tho rangatiras, or the Mataiapos, would raise any objection. 9. Rangi Makea was buried on the 25th July, 1921. On the 28th of that month eight of the Mataiapos signed a document, addressed to the Resident Commissioner, stating that they appointed Ngoroio Pori to take the Ariki title of Makea-nui, on the grountl that he was from the oldest branch e)f the family. After interviews with both aides, Mr. Hewitt, the Resident Commissioner, called a meeting in the Courthouse, at 2 p.m. on the Ist August, of all interested parties and the Arikis of the other districts. One of the matters for discussion was the question of Native custom regarding the succession to an Ariki title. A document purporting to sot out the correct Native custom by the other Arikis, Kamoe Mataiapo, Potikitaua, anel Messrs. Cowan, Goodman, and Paeara, members of the Islanel Council, was handed in at the. meeting, and also a form of consent to the appointment of Tinirau, signed by the members of the Ariki family, and rangatiras. At the conclusion of the; impiiry Mr. Hewitt decided that, he. would recognize; Tinirau as the successor e)f Rangi Makea. On the 17th September, 1921, tho Resident Commissioner, Mr. Hewitt, issued a warrant, in accordance with section 67 of the Cook Islands Act, 1915, dealing with the; constitution of Island Councils, determining and. declaring that Makea Tinirau lawfully held office as Ariki in succession to Rangi. Makea (deceased). It may be mentioned that on tho 29th August a largo number of Mataiapos of the; district of Takitumu sent in to the Resident Commissioner a written objectiem to the; document above, referred to, purporting to set out the correct custom regarding Ariki succession. Tho Mataiapos purported to anoint Ngoroio on the Ith August, 1921, and Tinirau was anointed by his supporters on tho 30th August, 1921. 10. It is clear that the Resident Commissioner had no jurisdiction to determine the dispute except so far as the constitution of tin; Island Council of Rarotonga was concerned.

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The following is a summary of the old and present laws relating to the appointment of Arikis, and the settlement of disputes in regard to the Ariki titles :— (a.) Regulations were made by the Resident Commissioner, Colonel Gudgeon, on the sth November, 1905 (Cook Islands Gazelle No. 172, of the 9th October, 1905, at page 264), providing thus :— All Arikis, Kavanas, and Mataiapos shall hereafter bo elected by a majority of the tribe or family whom it is intended they shall represent, and no person outside such tribe or family shall take part in such election. A further provision was that — A candidate for election shall be chosen from children (or the near relatives in default of children) of the deceased Ariki, Kavana, or Mataiapo, unless it be shown that the deceased had no right to the office for which he had been originally chosen, or that the children of tho deceased were mentally or morally unfit for the position, of which condition the Resident Commissioner shall be the sole judge. (b.) A Federal Orelinance, No. 26, was passed on the 24th October, 1908, to regulate the election eif Arikis. The preamble is as follows : — Whereas, since tho annexation of the Cook and oilier Islaneis to the British Empire, the status of the Ariki has altered, anel the Ariki has now only jurisdiction as an hereelitary member of the Federal Council anel of the Island Council, wherefore it is aelvisable that on the death or removal from office of any Ariki the new Ariki should be chosen from tho best men of the Ariki family. This Federal Ordinance provided that any Ariki to be elected shall be chosen by tho unanimous veite of all the members of the Island Council. The; Island Council was given the powe;r to call before it an Ariki family or the people of any district to hear their views before choosing any person as Ariki. Section 2 of the Ordinance provided that— The person chosen for the Arikiship shall be of gooel character, anel of pure Maori blood, and a recognizee! member of tho Ariki family. The senior line of any Ariki family shall not be passed over without gooel and sufficient reason. The Rosielent Commissioner was given power, in tho event of any dispute between the members of the Island Council, to finally decide tho matter at issue. (c.) The; Coeik Islaneis Act, 1915, section 658, repealed all Ordinances, regulations, and either enactments anel laws whatsoever then in feirce; in the Cook Islands. ((/.) No provisions were substituted for the repealed Ordinance e)f 1908 except section 67, which, as already pointed out, only dealt with the constitution of Island. Councils. This meant that Ariki. successions in regard to Ariki land, and all other functions attached to the office of Ariki, except so far as the Island Council were concerned, were left to be determined according to Native custom, (c.) By the Cook Islands Amendment Ae;t, 1923, the; Native; Lanel Court was vested with jurisdiction to determine all disputes relating to the title of Ariki, and other Native chiefs. It is pursuant to this provision that this Court entered upon the hearing and determination of the dispute in question regarding the Makea-nui Ariki title. Two main questions arise in this case, viz. : — (1.) (a.) The right and power of an Ariki to devise his Ariki title by will. (b.) The rights and powers of Mataiapos regarding such a will, and generally in regard to the appointment of a now Ariki in succession to the decoaseel. (2.) Whether it is established that Ngoroio's line was definitely adopted into tho Karika family so as to preclude this claimant from succeeeling to the Ariki title of Makeanui. In regard to question No. (I), various opinions are recorded as to Native; custom. (a.) hi November, 1895, the Arikis' Council met as the Upper House of the Rarotonga Council and unanimously adopted a report drawn up by Vakatine and Teariki Taraare, and affirmed it as a true statement of tho old and unbroken law and practice relating to the succession of Arikis and the mode of election and installation. This report is set out in parliamentary paper A.-3 of 1896. It states that— Only upon the death of an Ariki is it settled who is to succeed to the title. It is the business of the priests anei Mataiapos of Rarotonga to select tho proper person to be Ariki of Rarotonga, and such selection is to be made only from the nearest relations of the Ariki deceased. Should any Ariki be chosen without all the Arikis, priests, anel Mataiapos of all the districts being present at the meeting, it must be proven satisfactory to them that the one chosen is a near relative of the Ariki deceased. If it is not so proven, the Arikis, priests, and Mataiapos from every part of Rarotonga shall meet together in one place, and it shall be for them to decide who is to be the new Ariki. The last words of a dying Ariki (will) : An Ariki may wish to appoint a successor on his or her death-bed. After the Ariki's death these words shall be carefully considered, and if it, is found that the party named as a successor is the proper heir such words shall be confirmed, not otherwise. This Court cannot agree with this report so far as it states that the, Arikis, priests, and Mataiapos of all districts have a right to choose a new Ariki. This clearly could not be ancient custom, for in the old days the districts were frequently at war with one another, and it is not reasonable to suppose that one district would go outside its own boundaries in regard to the succession to a deceased Ariki. Confusion has probably arisen in rcgarel to the selection and appointment of an Ariki, which is one thing, and the present-day ceremony of anointing and installation, which is quite a separate function. (b.) Mr. F. J. Moss, who was for a long time British Resident of Rarotonga, in an article; on the " Maori Polity in the Island of Rarotonga," published in the Journal of the Polynesian Society, stated as feillows :— The Ariki is supreme, but largoly controlled by tho Mataiapos. A now Ariki is named by the Arikis of the other tribes from the Ariki family, but the confirmation depends on the Mataiapos, as the installation rests with them. They regard the Ariki as only the first amongst equals.

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(c.) In a letter written by Colonel Gudgeon (Resident Commissioner and Chief Judge of the Native Land Court) dated 30th July, 1909, to the people of Arorangi, he stated :— It is therefore with regret that I have tei comment on the foolish behaviour of the;, Mataiapos of Arorangi. You Mataiapos assume that you have a right to eleot the Tinomana Ariki -a right that you certainly have not had for the; last hundred years—and you deny the right of the Ariki family to select bhe elder-born of that family, anel you have done those things knowing full well that the districts of Takitumu anil Avarua have at, least as much interest in the selection of Tinomana as you yourselves have. It will be noticed that the statements (a) and (b) are quite different from the; mode set out under the regulations and tho Federal Ordinance above referred to. There seems to be considerable conflict of opinion as to the relative rights and powers of the Ariki himself, his Kopu Ariki, and the rangatiras and Mataiape>s regarding the; true mode of election of a new Ariki. This has no elembt arisen because in the past there have been few disputes in regard to succession, and it is ejuite likely that practices have grown up and been adopted as the proper custom which are not in accord with the laws and customs of ancient times. In considering the powers of the Mataiape)s it is necessary to refer to the time whem Tangiia anel Karika first arrived in Rarotonga from Avaiki. Tangiia came from Tahiti in the canoe called " Takitumu," and he had a largo number of Mataiapos, whom he appointed at sea, anel whom he re-established and appointed after landing in Rarotonga. He was really a fugitive, and the only member of his family with him was his adopted child Tai Tcariki, son of Iro. This child was afterwards appointed by Tangiia the Pa-to-Ariki-Upokotimi. This was done at Pukuru-vaa-nui. Karika, on the other hand (also a fugitive from Manu'a —Samoan Group), had no Mataiapos, and the emly member of his family was his daughter Mokoroa-ki-Aitu, whei at sea married Tangiia, and from this union the Taraare line has descended. Karika had 1.40 warriors with him, and also the; prie;st Takaia. Tangiia's strength, therefore; rested to a large; extent with his Mataiapos, especially as ho came without members of his family, of his immediate blood. He himself was, however, a powerful man; but the; relative powers of himself and his Mataiapos at that time can only be a matter of surmise. He afterwards sent for his son Motoro (Tinomana lino) and also Te Re;i (still at Takitumu). The Arikis of Karika, right clown to the time of To-Pa-Atua-Kino, had no Mataiape>s. At Te-Pa-Atua-Kino the family branedied, anel from there to the present time; the Karika Arikis have remained without Mataiapos. On tho Makea-nui branch the first Ariki was Pini (or Puna), anel he had no Mataiapos, and it was not until Christian times, as shown in paragraph 2, that the Mataiapos of Tupapa seceded from the Arikis of Takitumu and joined the Makea-nui. Pharoah's evidence is to the effect that thery joined Tinirau, but other writers assert it was Pori. The terms of this alliance aro not recorded, but it is hard, to believe that the Makea-nui, who was then, according to traditions, a fairly powerful man, would have; given oveir to the Mataiapeis complete power at all future times to take into their own hands the selection and appointment of new Arikis. The Makea-nui then had fairly numerous and powerful Kopu Ariki and rangatiras, and there, seems to have been no necessity for him to put himself and them wholly into the hands of the Tupapa Mataiapos, as alleged by Ngoroio's side, and particularly by Tepuretu. No doubt, by the alliance between himself and the Mataiapos, Makea-nui gaineel a fair amount of strength, because his district was extended to embrace the lands of the Mataiapos. Since the Cook Islands Act, 1915, came into force no will made by a Native has any force or effect with respect to his interest in any Native lands (see section 445). It is common ground that an Ariki holds certain lands by virtue of his office, and these lands are passed on to his successors in the office of Ariki. It is clear, therefore, that any will which affects the title or office of Ariki must also affect the Ariki lands. Section 445, therefore, appears to preclude the making of a will affecting the title or office of Ariki. Tho position appears to be that what in the past has been called a " will " of an Ariki was in reality only an expressiem of his wishes regarding the Ariki title, made in the presence e)f certain necessary witnesses who had a right to confirm eir dispute the same at the time, and which, if agreed to, would become a binding arrangement according to Native custom, and, as a matter of honour, one to be carried out in clue course after the Ariki's death. This appears to be the true custom, and it is one to which the Court can give effect even at the present day. It is not the giving effect to a will which is precluded by section 445, but tho giving effect to an arrangeiinent made in accordance with, and sanctioned by, Native custom from ancient times. In dealing with the will of Rangi Makea the Court does not consider it as a will made in accordance with European law and ideas, but simply as an expression of his wishes, an arrangement maele in accordance with Native custom such as has just been mentioned. Tho ejuestion then remains whether such arrangement was made in accordance with Native custom, and, as a matter of honour, should now be carried into effect. The real matter in dispute is as to the right of the Mataiapos to be present, and their power, if they should so wish, to veto any arrangement made by the dying Ariki with tho approval of his Kopu Ariki and rangatiras. The Court is now dealing purely with the position as it arises in connection with tho Makea-nui title. It wa,s contendoel by Tepuretu that tho Mataiapos had absolute power to decide the succession to the Ariki title. It has been shown that the Makea-nui title was established at the time of Pini, who had no Mataiapos, and it was not until Christian times that the Mataiapos ot Tupapa joined the Makea-nui Ariki. There is no record of evidence of tho terms of this alliance, but the Court cannot believe that the Ariki of that time gave himself, his Kopu Ariki, and rangatiras wholly over to the

4—A. 3.

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control of these Mataiapos. It is impossible to believe that, as the Ariki then had considerable power. It is reasonable, however, to believe that, as the Mataiapos brought him added strength, they would have their fair share of power in the decision of all matters pertaining to the welfare and government of the tribe, but the Court holds definitely that they had no supreme power as set up by Tepuretu. In regard to the Makea-nui title, tho wish of the ruling Ariki should bo fully considered in regard to succession, provided that his choice of a successor is from the right Ariki line, and is a wise one according to all the circumstances of tho case. Rangatiras eff the; Kopu Ariki in the case; eif Makea-nui should be; consulted, and also the wishes of the Mataiapos. This would bo a fair working arrangement considering the circumstances of the alliance between Makea-nui anel the Mataiapos of Tupapa. If these conditions are carried out and there should be. a dispute the; Court would have little difficulty in giving a decision. It is the opinion of the Court that the Mataiapos of Takitumu, considering the circumstances of their establishment in ancient time;s, woulel have considerable rights regarding the Ariki succession. The powers of the Mataiapos in that district wore fully demonstrated when Pa Maretu was given the title of Ariki. As no case is before the Court in regard to Takitumu, nothing further need be said at present as to the power of the Mataiapos in that district. Coming back te) the particular case before the Court, one of the main matters to be considered is the arrangement made at the death-bed of Rangi Makea when he purported to make his will. The; Kopu Ariki and rangatiras were present, and agreed with his wishes. Vakapora also agree:d. Taraare; expressed agreement immediately after the will was signed. These; two Mataiapos were; by custom tho ones to bo consulted by the Ariki. If they failed to carry out their duties properly tho fault is on tho side, of the Mataiapos whom they represented, and not on the side of the Ariki. Rangi Makea expressed his wishes, and an arrangement wa,s made in tho same way as was done in the case of Makea Takau; and, as he dieel without knowledge of any objection, anel thinking that; his wishes would bo carried out, it appears to bo a matter of honour that effect should be; given to the arrangement. 1. To sum up, the decision of tho Court in regard to question 1 is as follows : — (a.) An Ariki is precluded by section 445 of tho Cook Islaneis Act, 1915, from making a will according to European law and ideas. (b.) He can, however, according to Native; custom, give on his death-bed an expression of his wishes regarding the Ariki title. This must be made in the presence of certain necessary witnesses— viz., the priests, certain rangatiras of the Kopu Ariki, anel representatives of the Mataiapos. This expression of wishes, if agreed to at tho time, would become a binding arrangement according to Native; custom, and, as a matter of honour, it would bo carried out in due course after the Ariki's death. (c.) At the death-bed any question or objection raised by any of the witnesses above stated would be considered at the time, and possibly an agreement or settlement arrived at. (d.) Failing such a settlement, the matters in question might be considered after the Ariki's death, with a view to a settlement. (c.) Failing a final settlement, the question at issue, would be dealt with by the Native Land Court, pursuant to the Cook Islands Amendment Act, 1923, and in dealing with it the Court would give due consideration to the following matters : — (1.) Tho wishes of tho deceased Ariki as recorded by any written statement or will, or any verbal expression made before his death, and prope;rly recorded. (2.) The wishes of the rangatiras of the Kopu Ariki. (3.) The wishes of the Mataiapos and priests. (4.) Tho respective genealogies of the rival claimants. The new] Ariki must be a recognized member of the Ariki family. (5.) The mental condition and moral character of the rival claimants. (6.) Any facts and circumstances which the Court considers should be taken into account. If the deceased has left no will or expression of his wishes, the question of succession in the case of tho Makea-nui title should be settled by the rangatiras of the Kopu Ariki and the Mataiapos and priests. Failing a settlement, the Court will give consideration to the matters in paragraphs (2) to (6) above mentioned. Considering the conflict of evidence given in this case regarding the true custom, tho Court considers that the above rules coincide as nearly as possible with the true ancient custom and also with present-day conditions. It will be seen by this decision that the Mataiapos have, been and will be recognized to the extent which the Court thinks proper. 2. From the facts found by the Court (see paragraphs 4, 6, and 7 as set out previously in this judgment), there seems to be no doubt that the descendants of Daniela have definitely gone over to the Karika side, and are thus precluded from holding the Makea-nui title. Tho evidence of Pori, father of the present claimant, Ngoroio, as set out in paragraph 6, is very strongly in favour of this view. He states (inter alia) that " the Karika elders gave Ngoroio (the son of Daniela) shares in the Karika lands, and appointed him a rangatira under the Karika family, and these lands have descended to me." The written statement of Makea Takau, referred to in paragraph 7, states that the family of Makea Daniela by his first wife are amongst the family of their mother—that is, on Karika's side. In her statement to Captain Smith, Resident Commissioner, she stated that there wore only two of her family left then—herself and Rangi Makea. The Court has already set this out fully in paragraph 7. It is clearly shown that Ngoroio's side aro holding lanels under Karika at the present day, and they are unable to show that they have been or are eating of the Makea-nui lands. It is true that Tui of that family held a rangatira title under Makea-nui, but it has been shown in evidence that he was

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brought back into the family by Makea Takau. Tui coulei possibly have set up a strong claim to the Makea-nui title on the death of Rangi Makea, but the fact remains that he signed a consent to the title going to Tinirau. The Court does not hold that the mere holding of a rangatira title under one Ariki precludes that holder from being a successful applicant for another Ariki title. Tinirau is a rangatira under Tinomana on his mother's side;. Had it boon shown that he had gone over to that side; of the family in the same way as Ngoroio's side went- over to Karika, he; would have forfeited any claim to the Makea-nui title. The whole crux of tho question is whether the party e;oncernod has definitely gone over to another family— that is, adopted into that family. For tho reasons above given, and considering all the evidence in this case, the Court is of the, opinion that Ngoroio is precluded from holding tho Makoa-nui title. It will not, however, go so far as to say that it will bo impossible in the future for any descendants of Daniela to hold that Makea-nui title. That would depend upon whether such descendant is definitely brought back into the Makoa-nui family with the consent and approval of the members thereof. There are other facts in favour of Tinirau which, may be mentioned : — (a.) He.has shown, and his genealogy is not disputed, that he is descended from Makea Pini through the first-born of Pini's children. He has traced directly from Takau, the daughter of Pini. Idle Makea-nui line is from Tinirau, the second-born of Makea Pini. (?).) In dealing with the question of succession to -the Tinomana title Colonel Gudgeon, Chief Judge of tho Native Land Court and Resident Commissioner, stated that although Tinirau should bo the Tinomana, yet he was held back because " he was a promising young man, and would some day be the Makea." These words aro in Colonel Gudgeon's own handwriting. (c.) Makea Takau, who reugnod forty years, and was a just Ariki, assumed that some day Tinirau woulel come; into the Makea-nui title. From the fact that she elid not mention Pori, but said that Rangi Makea was the only other one of the family left, it may be; assumed that she intentionally passed over I'eiri, no eloubt for the; reason that she oonsidoroel he was under the Karika family, holding the rangatira title of Tepou. The Court has fully considered not only all the facts above set out, but also all the evidence at the hearing of this case, and all minutes in the Native Lanel Court books, and all records and writings which have; a bearing on the matter at issue, and has come to the conclusion that the dispute before; the Court should be settled in favour of Tinirau. The judgment of the; Court is that an order issue determining and declaring Tinirau to be the person lawfully entitled to hold the title or office of Makea-nui Ariki. The question of making succession orders to the Ariki lands will be considered in due course. 29th September, 1923. H. F. Ayson, Chief Judge.

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