No. 116.
Report of the Public Petitions Committee on the Petition of Fifty-one Natives of the Wairarapa.

This petition contains two distinct complaints against the Executive of the colony, and prays for redress. It also contains a request. The Committee purpose taking up all these three subjects seriatim.

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The first complaint is to the effect that the percentages arising from the resale to the public of certain lands in the Wairarapa District, originally sold by the petitioners to the Government with a pledge that a certain percentage should be expended under certain conditions for their benefit, have not been so expended. The Committee have examined the conditions inserted in the deeds of sale executed by the petitioners and accepted on the part of the Government, assuring the former that 5 per cent. shall be so expended. The conditions are as follow: "It is further agreed to by the Queen of England on her part to pay us at certain periods, within certain years, to be decided on by the Governor of New Zealand and ourselves—that is, that we are to have a certain additional consideration for the land we have sold, to be paid to us for the construction of flour-mills for us, for the forming of schools to teach our children, for the construction of hospitals, and for medical attendance for us, and also for certain annuities to be paid to us for certain of our chiefs; but it is hereby agreed that we, and certain officers who shall be appointed by the Queen or the Governor of New Zealand, shall carefully discuss in Committee to which, and at what times, and in what proportions the said money shall be applied to each of the purposes above specified. The payments to be made annually to our chiefs are to be decided upon by the Governor of New Zealand only, or by an officer appointed by him, who shall have the power of deciding as to which of the chiefs shall receive the annual payments. These payments for all the above purposes are to be as follows: that is, when the surveys are complete and the land is resold which we have transferred to the Queen of England, or to the Kings or Queens who may succeed her, a certain portion of the money to be received by the Queen or Government of New Zealand as payment for the said land is to be deducted for the purposes which have been above specified: the amount of the money to be returned to us is 5 per cent., or equal to five pounds out of every hundred pounds, after deducting the surveys and other expenses connected with laying off the said lands."

The Committee have also obtained a return from the Treasury, proving that from the 29th March, 1853, to the 31st December, 1866, lands and scrip have, in the Wairarapa District, been disposed of to the value of £63,179 18s. 9d. From this sum must be deducted, in the first instance, as cost of survey, at the rate of 5 per cent., £3,159. Five per cent. upon this sum gives the amount to which the above-mentioned conditions are applicable—viz., £3,001 Is. But appears that authorized payments from the year 1855, on account of some of the petitioners, have been made to the amount of £453 10s. 2d., and another sum must be added on account of the Papawai Mill, amounting to £400, leaving a balance of £2,147 2s. 10d. With reference to the above sum of £2, 147 2s. 10d., the committee recommend that it should immediately be disposed of as stipulated in the conditions above quoted.

The second complaint is that some of the Crown grants for the lands which were reserved from public sale, and restored to the petitioners, have, and some have not, been issued to the petitioners. The Committee have examined the reports of the Land Purchase Commissioners relative to the extinguishment of Natives titles (Nos. 59, 74, and 81, pages 287, 289, and 303, printed as C.–No. 1), and they have also examined the Appendix to the Journals of the House of Representatives, Session 1862, E.–No. 10, pages 11 and 23. In the latter page there is a detailed list of the reserves in the Wairarapa District, for which Crown grants were promised to the petitioners. They have also examined the Appendix to the Journals of the House of Representatives, E.–No. 7, page 1, Session 1865. They find that out of the twenty reserves enumerated in the list in page 23, Appendix to the Journals, Session 1862, E.–No. 10, Crown grants have been issued to the petitioners in fifteen cases, leaving only five cases in which they have not been issued. These five cases are as follow:—

Block.	Acres.	Original Grantee.
1. Kuhangawariwari	40	Paul Stone.
2. Tuhitarata	100	Miha o te Rangi.
3. Tuhitarata	20	Te Ritimona te Ruhi.
4. Otahuao	100	Tamati te Kokori.
5. Bidwill's Run	200	Matiaha: 10s. to be paid per acre.

The reason assigned in Case No. 1 for the non-issuing of the Crown grant is that Paul Stone is dead, and that succession should be proved under the Native Lands Act. The Crown grant is in the Native Office, and it is evident that the Secretary for the Native Department should cause the succession to be proved and notice given to the heirs to take up the Crown grant within a fixed time. The Crown grant appears to have been promised in the year 1858.

The cause assigned Case 2 for the non-issuing of the Crown grant is that the grantee is dead, and that nothing further is known in the matter. This reserve has not been surveyed.

The cause assigned in Case 3 for the non-issuing of the Crown grant is that, although the reserve is situated in the midst of lands purchased by European settlers, nothing is known respecting the grantee. This reserve has not been surveyed.

The causes assigned in Cases 2 and 3 are most unsatisfactory. The Provincial Government of Wellington has been allowed to deduct, as shown above, £3,159 for the survey of the lands sold, and they should be called upon to cause the surveys to be executed. The Crown grants should then be drawn out in favour of the original grantees, and then notice should be given by the Native Secretary to the grantee or the heirs, as the case may be, to take up the Crown grants within a fixed time. The promises of Crown grants in both these cases were made in the year 1853.

The cause assigned in Case No. 4 for the non-issuing of the Crown grant is that the grant was prepared, but it was found to be incorrect, and it cannot be rectified until the provincial authorities cause the survey of the adjacent lands. Nothing can be more unsatisfactory than the cause assigned in this case. The provincial authorities should be at once Compelled to survey the adjacent lands. The Crown grant should then be prepared, and notice issued to the grantee to take it up within a fixed time. The Crown grant was promised in 1855.

In Case 5, it appears that Matiaha paid for the land on the 7th March, 1866, but the reserve has not been surveyed, and consequently no Crown grant has been prepared. As observed above, the Provincial Government of Wellington has been paid in hard cash by the grantee for the land they page 70ought to be at once compelled to survey the land; the Crown grant should then be prepared, and notice given to the grantee to take it up within a fixed time.

Having disposed of these five cases, there remain the forty-three general reserves in the Wairarapa District (enumerated in the list detailed in the Appendix to the Journals, 1862, E.–No. 10, page 11) to be disposed of. The Committee find that, out of these forty-three cases, Crown grants have been promised in the seven following cases only:—

Block.	Acres.	Claimants.
1. Maungaraki	50	Tamati Heke.
2. Whareama, E.C.	500	Piripi Iharaira and others.
3.	500	Piripi Iharaira and others.
4. Hautotara	330	Te Kepa and others.
5. Wereta Puhaua	500	Hoera Whakataka.
6. Tupurupuru	100	Meihana te Otaota.
7. Masterton	50	Rihara Taka.

1.	This reserve is surveyed, but the Crown grant is not yet prepared. The Secretary for Crown Lands should be called upon to prepare the Crown grant, and send it to the Native Office to be dealt with as suggested above.
2 and 3.	These reserves have been surveyed, and it is alleged that the Crown grants cannot be prepared until the names of the other claimants are obtained. The Crown grants should be drawn out in the names of the original grantees, and then notice should be served on the heirs to take them up within a fixed time.
4.	This case is similar to that of Nos. 2 and 3, and similar remarks apply.
5.	This case is similar to that of Nos. 2 and 3, and similar remarks apply.
6.	The Crown grant in this case has been prepared, but disputes have arisen among the heirs. Case brought under Native Lands Act, August, 1867. If this case has been disposed of under the said Act, no delay should be allowed to elapse before the Crown grant is made to accord with the certificate of the Court, and delivered to the parties who have obtained an award in their favour.
7.	Rihara Taka is said to be absent, in the employ of Archdeacon Leonard Williams. The grant is said to be lying in the office of the Wellington Crown Lands Commissioner. The Native Secretary could have no difficulty in serving a notice upon the grantee through Archdeacon Leonard Williams, and this course should be adopted.

There are still two cases which cannot be found among the printed papers. They are as follow:—

Block.	Acres.	Grantee
1. Taratahi	50	Hamuera Pakaiahi.
2. Opahi	200	Paul Stone (deceased): 10s. per acre to be paid.

In Case No. 1, the reserve has been surveyed, and the Crown grant is said to be in course of preparation in the office of the Secretary of Crown Lands. That officer should be called upon to prepare the Crown grant forthwith.

In Case No. 2, Paul Stone has paid for the land. The survey has been made, but no Crown grant has been issued. Paul Stone is dead, but that is no reason why the Crown grant should not be made out in the name of the deceased, and then notice can be given to the heirs to prove their title, and to take up the Crown grant.

The request which the petitioners make is, that Crown grants should be at once issued to them in accordance with the decisions of the Native Land Court in all cases disposed of by that Court.

The Committee have been informed that considerable delay is occasioned by it being necessary to refer to Auckland in every case before these Crown grants can be prepared and issued; and I am directed to suggest that it appears highly impolitic that any unnecessary delay should occur between the decision of the Native Land Court and the issuing of the Crown grants.

Like all petitions from the Maori race, the terms in which this petition has been drawn up are so vague as to have entailed an immense amount of trouble upon the Committee; and I am directed to offer their thanks to Mr. Domett, the Secretary for Crown Lands, Mr. Rolleston, Under-Secretary, Native Department, and to Mr. G. F. Swainson, for the assistance which they have rendered to the Committee on the present occasion.