A.—No. 13.

ownership. Land with its places of strength, concealment and security seems to have been regarded more as a means of maintaining and securing the men who occupied it, than by the men who occupied it as a means of defending and maintaining possession of the land ; so much so that voluntary migrations were not unfrequent, and we have met with cases in which whole tribes abandon their ancestral territory and migrated to other parts of the country where the means of living were more plentiful, or where by an amicable amalgamation with other tribes they might hope for a more secure or comfortable existence. A case of this sort appears to have happened on this very block to which a tribe voluntarily migrated from Kaipara, who merged themselves into the Taranaki tribe of which they now form an integral part, and in which its members can no longer be distinguished. Wo do not think that it can reasonably be maintained that the British Government came to this Colony to improve Maori titles or to reinstate persons in possessions from which they had been expelled before 1840, or which they had voluntarily abandoned previously to that time. Having found it absolutely necessary to fix some point of time at which the titles as far as this Court is concerned must be regarded as settled, we have decided that that point of time must be the establishment of the British Government in 1840, and all persons who are proved to have been the actual owners or possessors of land at that time must be regarded as the owners or possessors of those lands now, except in cases where changes of ownership or possession have subsequently taken place with the consent, expressed or tacit, of the Government, or without its actual interference to prevent these changes. Compelled by absolute necessity to lay down a rule for our guidance as to the time and circumstances when the ownership or title of expelled owners could rightly be regarded as having terminated, we can find no other rule to establish than the one now expressed, and we have endeavoured to adhere to it as a fixed rule for our inquiries under the New Zealand Settlements Acts, where the questions at issue are matters purely between the Crown and a portion of its Maori subjects. Of course the rule cannot be so strictly applied in the Native Land Court, where the questions to be tried are rights between the Maoris inter se, but even in that Court the rule is adhered to except in rare instances. If greater latitude is allowed and the date of ownership is permitted to be variable the confusion will be such as to render any solution of this great question upon any principle of justice, perfectly hopeless. Thus, we know that there are claims preferred by the Otaki natives to Maungatautari and the whole of the Waikato from which countries they have been long expelled, and from which at an earlier date they themselves drove out other tribes. Again Te Eauparaha's people claim Kawhia on similar grounds . and have sent in claims. We find then that according to the evidence, that branch of the Taranaki tribe who now inhabit the Chatham Islands w rere expelled from this part of the Colony by the Waikato tribes previously to the year 1830, and that since the establishment of the Government in 1810 none of these persons have returned to re-occupy the lands from which they were driven, and we therefore think that they have no title interest or claim to any land within this block on account of which the Court can order compensation. 2. Nelson asd Middle Island Claims. These claims amount in number to 216, and the persons claiming belong to Ngamahanga tribe. Like the Chatham Islanders, those who survived the Waikato invasion fled South. After sojourning some time at Kapiti and elsewhere they invaded the Middle Island. There they succeeded in establishing themselves and took possession of territories part of which they have alienated to the Crown, and part of which they still retain and occupy. Up to the present time none of them have ever returned to occupy any portion of this block, with the exception of one person, Wi Ruka, and accordingly we disallow all the claims except his ; and as it has been proved in evidence that this claimant did return and re-unite himself with that portion of the tribe which has re-occupied the land since 1840 we admit his claim. 3. Wellington Claims. The claims from persons now residing in Wellington number altogether Gl. Like the preceding; these claimants or their parents fled (South from the Waikato invasion, united themselves with Rauparaha, and conquered for themselves territory in the neighbourhood of Wellington, on portions of whicli they still reside, the greater part of it having been alienated by them to the Crown. None of this class of claimants have ever returned to re-occupy any portion of this block, and their claims are therefore disallowed. 4. Waikanae and Otaki. This class of claimants amount in number to 137. They also abandoned their possessions on this block and fled South from the Waikato tribes, and after sojourning sometime at Kapiti and elsewhere settled down at Waikanae and in its neighbourhood. None ever returned to re-possess themselves of any portion of this block except Eawiri Motutere who came back and cultivated the soil since 1840. We therefore admit his claim. We also admit the claim of Wi Tamihana Te Neke, who on the sale of the Tataraimaka Block to the Crown came back and asserted his right to a portion of the payment. His right was admitted by the tribe, and it has not been proved to the Court that any protest or objection was made by the Agent for the Crown. As the Crown therefore has tacitly admitted his right we do not feel that we can now exclude him on the ground of his never having re-occupied. One letter from Waikanae purporting to be signed by 125 persons, asserting a title to " land from Waitaha to Mokau and from Okurukuru to Nukumaru" and protesting against the land being stolen (keia, translated " confiscated ") has been referred to us by the Colonial Secretary, and we reject it as in no way being a claim, nor even purporting to be so. 5. Auckland, Waikato, etc. The claimants from the North are persons who where taken prisoners in war by the Waikato and Ngapuhi tribes and are five in number. Great numbers of prisoners of war have returned to Tarauaki since the establishment of the Government. With the tacit if not with the expressed approval of the Government they have rejoined their tribes, and taken possession of their ancestral lands. These persons now appear in the ranks of the Resident Claimants, and their rights have been admitted by the

4

PAPERS RELATING TO THE SITTING OP THE