G.—2a.

4

awe, Manaroa to Aweavve, Te Aweawe, Arapera te Umutiritiri, Eangimarie Aweawe, Ngaruinga Aweawe, Raimapapa Hemokanga, Pareauha Ahitana, Hepi te Wheoro, Mekeruki te Whakaaewa, Mokena Pahurahi, Hakaraia Whakaneke, Tapa Ahitana, Teo Ahitana, Rangitapuke Ahitana, Hara Tame, Rangirea Mekeruki, Penehira Rangitiora, Penehira te Apa, Himiona Penehira, Ruera te Nuku, Arapera te Nuku, Teieti Turanga, Moringa Turanga, Wiremu Tereputuputu, Te Retimaua te Hapoki, Hore te Hapoki, Te Wani Turauga, Hinetini te Kingi, Moihi Winiata, Tatiana te Kawa, Pekainu Aterea, Te Ara Takana, Te Raika Kerearna, Mereaina Kereama, Herewini Kereama, Rongokaneke Kereama, Te Otene Kereama, Te Hapoki Teretiu, Rangihuia Takahia, Ko te Ngoro Takahia, Taimona Pikauroa, Eaiha Paoe, Eangiwhiua te Paea, Moutere te Korolieke, Ruruhira Ngatahuna, Wereta Rarua, Tepehara Earua, Wiriharai te Angiangi, Wiremu te Kohu, Hapurona Ngawaero, Pini Whareakaka, Biperata Piiii, Hone Pini, Parakipane te Kohu, Wiremu Parakipane, Te Muera te Naku, Pe'ia Poriki, Pohutu Turiwhati, Hohepina Parakipane, Petera te Au, Euiha te Naera, Te Uawhaki, Tata Pini, Tuangahuru, Tepora nga Eoha, Anahira, Turanga, Baita Manewha, Wikitoria Turanga, Ihaia Turanga, Hernara Turanga, Pohe Turanga, Arama Karaka te Umutiritiri, Meihana Henare, Poihipi, Eeihana te Piki, Mata Karaka te Umutiritiri, Arama Karaka Tamaiti, Hineikakea, Warihi Mokowhiti, Mata Ranginui, Karepa, Eeweti te Kohu, Henare te Hatete, and Tamatatai Haruru. (b.) A tribal claim to Maungatautari, by fifty-six individuals, viz.: Matiu te Wheoro, Akapita teTewe, Eru Tahitangata, Hema te Ao, Paramena te Tewe, Perenara te Tewe, Ngarati te Tewe, Akata te Tewe, Te Baiti Tonihi, Mero.pa Tametima, Moihi te Kotu, Roniana Kotu, Tonihi Tuaia, Rapaera Tuaia, Rawiri Tuaia, Makarita Tuaia, No Teraiti, Te Whiu Meropa, Ruhia ITaramene, Bangipikitia Akapita, Merehira Akapita, Te Ngaere Perenara, Teoti Haramene, Erenora Ruhia, Te Harinui Euhia, Teraiti Perenara, Hohepa te Tihi, Witariona te Tihi, Haramona Raweiho, Himiona Pouhaere, Mohi Heremia, Perenara Mohi, Eawiri Heremia, Tame Eawiri, Makarita Paramena, Mere Mohi, Irihapeti te Hotene, Netahio Hipirini, Karauti Heremia, Marana Tamihaua, Euta Eoha, Wiremu te Manewha, Eota te Hiakai, Manahi te Hiakai, Piripi te Au, Wiremu Eikihana, Enereta Rikihana, Pairoroku Eikihana, Rikihana te Wairoa, Tioriori Eikihana, Eaita Eikihana, Hineikakea te Hiakai, Mohi te Tawharu, Waiata te Wharu, Hapeta te Rangikatukua, and Hona Taupo. (c.) A personal claim to Maungatautari, by seven individuals, viz.: Ihakara Ngatahuna, Miriana, Bititia te Kipihana, Amiria te Hiakai, Mihipeka Pehara, Manahi Paora, and Watene te Punga. 4. The claim (b) was altogether withdrawn by the petitioners, who stated through their acknowledged agent that they did not intend to prosecute their claim. 5. With respect to Class (a) we took a mass of evidence, the result o£ which is as follows : — The petitioners rest their claim upon two grounds : 1. The fact that in about the year 1828 they or their ancestors left Pukekura or Eangiaoliia, as the whole of the district appears to have been then called, in a quiet peaceable manner, and went to reside at Kapiti, where they could obtain better food and also buy guns and ammunition. They further allege that they left with an intention to return, and left some of their friends on the land with the injunction, " Occupy till I come," and that their friends did so occupy up to the sitting of the Court in 1868. And (2) the fact that in or about 1866 Wi Tamihana, whose authority over this land appears to have been supreme at that time, invited them to return and occupy As to the first ground, the fact of the exodus to Kapiti is undisputed, as is also the fact of their leaving some of their friends on the land ; but it is alleged on behalf of the Crown and the opposing Natives that, after that exodus, according to Maori custom they lost all right and interest in the land —(«) on account of ceasing to occupy ; (6) on account of the land becoming the possession of Ngatihaua by right of conquest. As to point (a), it is proved to our satisfaction that petitioners did abandon possession in or about 1828 ; that neither they nor any person or persons on their behalf have ever returned to the district with the view of permanent occupancy, though one or two have made casual visits for a few months at a time and then returned to Kapiti; and those who were left behind at the time of the exodus were only those who had intermarried with other tribes, and by that means had, so to speak, become absorbed and ceased to have any separate existence as a distinct tribe. As to point (b) the evidence taken is somewhat voluminous, and also exhaustive. We find that for some years before the exodus the Ngatimaru Tribe, through fear of the Ngapuhi, had come to live among the Ngatihaua and Ngatiraukawa in the district called Bangiaohia, and had so lived in a friendly and peaceable manner; but after the lapse of a few years various quarrels took place between Ngatihaua and Ngatimaru, which resulted in sundry skirmishes in which sometimes one tribe had the advantage and sometimes the other. And it was during the time of these skirmishes that the whole of Ngatiraukawa, with the exceptions previously mentioned, left and went to reside at Kapiti; and in our opinion they left not only in order to obtain better food and ammunition, but principally because, being few iu number, they feared they would be attacked by Ngatimaru and altogether exterminated. (See also Eewi's statement on this point.) About this time Ngatimaru, through their victories over Ngatihaua, became the owners of the whole district by right of conquest, and erected several pas in different localities, thus asserting their rights as conquerors. And even supposing that Ngatiraukawa had at that time any rights, such rights would cease upon that conquest. In 1830 was fought the great battle of Taumatawiwi, in which Ngatihaua, assisted by Ngaiterangi, attacked Ngatimaru and conquered them with considerable loss of life, and took their pas which they had built, the result being that Ngatimaru left the district in the hands of Ngatihaua, who have ever since occupied it, and who were the tribe that had the land surveyed for the Court in 1868, and who were the claimants for title in that Court, and it is distinctly stated that none of the Ngatiraukawa, except the few who wore left behind, took any part in that battle. The district thus came into the hands of Ngatihaua, and, by right of conquest, became their property, Ngaiterangi not laying any claim to it. It was attempted to be argued, on behalf of the petitioners, that, inasmuch as those Ngatiraukawa who were left behind took part in the battle, their rights (if any) became restored, and that through them —they having been left <?«<m-trustees —the rights (if any) of those who went to Kapiti were also