3

G.—6b

appeal lodged against the decision awarding it to the three absolutely. Whether the owners thoroughly understood the full effect of it, or anticipated in any way the position that has now arisen, is another matter. It may be noted that an attempt was made to have the block investigated by the Court (Judge Rawson presiding) on the 10th August, 1910, and to settle the matter by arrangement. On that occasion one Ngapikitanga objected to the inclusion of outsiders in the title, and in consequence the case was adjourned. It was mentioned again on the following day, when it was stated that Ngapikitanga had withdrawn her objection ; but the Court was not satisfied, and further adjourned the matter, and on the 9th September, 1910, Ngapikitanga appeared in person and stated that she still objected. The investigation was then adjourned to a future Court. Ngapikitanga did not appear before the Court of 1912-13, and no steps seem to have been taken to ascertain if she was in agreement with the arrangement then given effect to. She was at the time living at Kai-iwi. not Kauangaroa, and may not have heard of the investigation or of the result. She is now dead. The Court has no doubt, however, but that the owners in making the gift were dominated and led by Eruera te Kahu, who during the later years of his life was the leading man amongst the Kauangaroa people. He had become an enthusiastic adherent of the Ringatu Church, and it would seem that it was on his invitation that the three Ringatus remained behind when Te Kooti left, and on that account he felt in honour bound to provide for them. This is shown by Mr. Campion's evidence on the inquiry. Mr. Campion is a sheep-farmer, residing at Kauangaroa, who has known the Kauangaroa people for over sixty years. He stated :" I knew Eruera te Kahu, or Eruera Sutherland, very well. He seemed to do what he liked amongst the Natives. He got for me leases which I had otherwise difficulty in getting. He spoke to me of the gift to the Ringatu Church —this was the 50 acres in the centre of Kauangaroa. Sutherland brought the three persons—viz., Ruka Poniwahia, Rina Ruka, and Ehau Anaha —from Whakatane and Rotorua. They were prominent members of the Ringatu Church —two of them were parsons. When I spoke to Sutherland about the unfairness of making this gift he admitted the unfairness of it; but he said the owners were a spendthrift lot, and asked why he should not give it to a religion he believed in. He said he had brought the three to Kauangaroa, and had to provide for them. A few only of the owners were attached to the Ringatu Church at the time ; most of them were Catholics." Under cross-examination he stated, " Eruera Sutherland dominated the other Natives. He was a man of knowledge and experience " ; and further, " It was always supposed he had a right to the 50-acre paddock he gave to the Ringatus. When 1 remember it, it was used as a racecourse. All the Maoris would know of the gift to the Ringatu people. It was after the gift was made that I discussed the matter with Edward Sutherland." Neither has the Court any doubt but that the gift was made to the three not as private individuals, but as representatives of Te Kooti and the Ringatu religion, and with the object of partially giving effect to the offer of the whole of the Kauangaroa Block to Te Kooti. The position now is that the Ringatu Church has ceased to exist as far as Kauangaroa is concerned. The majority of the people, including Ruka Poniwahia himself, have gone over to Ratana, and no Ringatu service has been held at Kauangaroa since 1919. Of the three owners of the 50 acres, Ruka Poniwahia is the only one who is now alive, and he is living permanently at Ratana. The children of Rina and Ruka have been appointed successors to Rina's interest, but no successors have yet been appointed to Ehau Anaha. Having in view the fact that Kauangaroa No. 3 is a comparatively small block, divided almost equally into flat and hill, and that it is practically the papakainga of the owners, the gift of 50 acres of the good flat land seems to indicate an excess of generosity not, in the Court's opinion, in any way warranted by the circumstances. The gift did not affect Edward Sutherland to any extent, because he was a comparatively wealthy man ; but it made a material difference to those owners who lived in the papakainga and who had not any large interests elsewhere, and it is a fact that as a result the three strangers each got a larger interest in the block than any single owner who was entitled under Native custom. It seems possible also that through intermarriages the 50 acres may to a large extent fall into the hands of a few of the resident Natives. One of them has married Ruka's daughter, and, with his father, is occupying the area now to the exclusion of the other residents. Seeing, therefore, that the gift was made practically with the object of assisting in carrying on the Ringatu religion at Kauangaroa, and that the object has now failed, it is a matter for consideration as to whether or not steps should be taken to have the 50 acres handed back to the original owners. Many of these were Roman Catholics, and were not concerned with the. Ringatus ; but no distinction was made, and they had to participate in the gift with the rest. At the conclusion of the inquiry affecting petition No. 53 Mr. Jack stated they did not at the present time propose to offer any evidence in support of petition No. 62. Any alteration in the shares of the owners of the main block would mean corresponding alterations in the boundaries of the partitions into which that block had been divided, and, as these boundaries had been surveyed and fenced, the alterations would entail very considerable expense. The petitioner, therefore, was content to await the result of petition No. 53. If the 50 acres were returned to them any discrepancies in the shares of the owners of the main block could be adjusted in allotting the shares for the 50 acres. Jas. W. Browne, Judge.

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