Q.—3,

1885. NEW ZEALAND.

THE MAUNGATAUTARI CASE (NOTES ON, BY THE CHIEF JUDGE OF THE NATIVE LAND COURT).

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

MAUNGATAUTARI. Investigation into the title to this land was opened at Kihikilii on the 23rd day of April, 1884, at a sitting presided over by Judge Puckey and Waata Tipa, Assessor, the Chief Judge taking but a secondary part, and that only during the first stage of the proceedings. On the sth day of September, 1884, the Court announced its conclusions in relation to the respective tribal rights in the terms set out in a printed judgment, of which a copy is annexed. Thereafter the Court—the Chief Judge being absent—proceeded, under the authority of "The Native Lands Court Act, 1880," section 34, and in the course of that procedure dealt, in the terms set out in Appendix A, with the question of an alleged occupation of part of the block by certain of the Ngatiraukawa. The investigation, after occupying many months, was concluded on tho 7th day of November, 1884, by orders for the issue of various certificates of title. Against this decision numerous applications for rehearing were made, and "on the 12th February, 1885, when the time for further applications had passed, such of the parties as were so pleased appeared before me to personally urge anything they had to offer in support of their objections. Instead of setting out at length each of tho applications, which are largely repetitions one of another, it will be better to classify them, which may be done as follows : (a.) The Court was wrong in deciding that Marutuahu acquired mana over Maungatautari, and compelled Ngatiraukawa to vacate. (b.) Assuming the Court to have rightly decided that Marutuahu did acquire mana, and did compel Ngatiraukawa to vacate, those occurrences did not effect certain of the Ngatiraukawa (called herein for distinction " resident " Ngatiraukawa), who, admitting it as to the rest of the tribe, allege that they never vacated or fled, (c.) Maungatautari did not pass into the hands of Ngatihaua by the battle of Taumatawiwi because they, the Ngatihaua, did not after the fight reside on the land, (d.) We are Ngatiwhaita, and never were conquered or migrated, (c.) The resident Ngatiraukawa were forced by Judge Puckey to join with Rewi and the Ngatiraukawa generally in the case conducted by Simmons. (/.) Simmons was not allowed sufficient time to " get up his case." {g.) Titles set up by reason of fightings and victories among their local peoples prior to Marutuahu possession, (4.) The name of Noko te Rangituturu and those of his children were not placed in any list of owners. (i.) Wrong that Chief Judge should sit on an original investigation, as with him rests question of rehearing, (j.) Chief Judge did not confine his attention to the case, but attended to ministerial work, so there was only one Judge, (k.) No interpretation into English, so no one can say what reached the ear of the Chief Judge. (/.) Names of Alice Grey Dearie and her sisters omitted, (m.) We are not aware why we lost, (n.) We are aggrieved at losing, (o.) On division too much awarded to Ngatikoroki, and not enough to others, (p.) On division, ancient burial-places, &c, not awarded to representatives of deceased persons, (q.) The Assessor's wife and children placed on a list of Ngatikoroki owners. In addition to the foregoing written grounds of appeal on the personal appearance of the parties before me, the following further grounds were verbally set up : (r.) Ngatihourua ought to have had a separate award instead of being merged with Ngatihaua. (s!) Assessor ought not to have sat, because he was our enemy in old fightings, (t.) The Court disregarded a boundary laid down between Ngatihaua and Ngatiraukawa, after the conquest of Taumatawiwi. (v.) The Assessor was bribed with £200, paid to him by Mr. Moon, (v.) The-Assessor assisted Haimona's party (Ngatihaua). —-*&. Having thus reduce 4 all the matter relied on as giving a claim to a rehearing to distinct allegations, I will deal with them seriatim by their distinguishing letters, (a.) The decision so aspersed was not only amply supported by the evidence in the case itself, but is upheld by I—G. 3,