G.—6b

1940. NEW ZEALAND.

THE NATIVE PURPOSES ACT, 1937. REPORT AND RECOMMENDATION ON PETITION No. 239 OF 1936, OF MANAAKI PIRIPI AND OTHERS, PRAYING FOR THE RETURN OF MANGAOPURAKA BLOCK.

Presented to Parliament pursuant to the provisions of Section 16 of the Native Purposes Act, 1937.

Native Land Court, Auckland, 3rd July, 1940. The Hon. the Native Ministee, Wellington. Mangaopueaka Block (Nuhaka No. 1 Block). Attached hereto is the report made by the Court under section 16 of the Native Purposes Act, 1937, upon Petition No. 239 of 1936, of Manaaki Piripi and others. I am unable to make any recommendation in connection with the petitioners' claims. Chas. E. MacCormick, Chief Judge.

The Native Land Act, 1931, and Section 16 op the Native Purposes Act, 1937. In the Native Land Court of New Zealand, Tairawhiti District. —In the matter of the land called Mangaopuraka; and in the matter of a Petition No. 239 of 1936, by Manaaki Piripi and others, referred to the Court for inquiry and report. At a sitting of the Court held at Nuhaka on the 30th day of June, 1938, and the following days, before Harold Carr, Esquire, Judge. The Court begs to report that— The petitioners and the Crown were represented and heard at length. By deed dated the 16th March, 1865, the leading chief and elders of the day conveyed to the Crown an area of land (subsequently known as Nuhaka No. 1) estimated to contain 120,000 acres, but by surveys of the southern part, and by surveys of adjoining blocks as regards the northern part, this area was found to be only 38,267 acres. A recital of the facts leading up to the Nuhaka purchase is contained in a report of even date on Petition No. 204 of 1936. On behalf of the petitioners it is alleged that the deed of sale above referred to wrongly included an area of land, now claimed by them as Mangaopuraka, of an estimated area of 10,680 acres, situate within and along the north-eastern boundary of Nuhaka No. 1. They allege that their elders were not parties to the sale, and that as members of the Ngaitu, Ngaitama, and kindred sub-tribes they, and not the Rakaipaka people who signed the deed, are the rightful owners of the area in question. For the Crown these submissions are not conceded, inasmuch as the petitioners cannot prove title to any part of the area covered by the deed and that the purchase was conducted, as in all other sales of that period, with the leading chiefs, elders, and recognized claimants.