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An Epitome of Official Documents Relative to Native Affairs and Land Purchases in the North Island of New Zealand

[No. 92.]

No. 92.

Memorandum as to the Title of Natives holding Land under Colonel Mc Cleverty's Deeds.

Wellington, 21st April, 1865.

A case having come yesterday before the Resident Magistrate in which the title by which the Natives hold land by virtue of Colonel McCleverty's deeds is considered questionable, if not invalid, will the Hon. the Native Minister be good enough to obtain the opinion of the Attorney-General on the subject? It is argued that the deeds in question are merely agreements "subject to the approval of the Lieutenant-Governor or Governor" (see deed), no evidence of such approval being forthcoming. It is a case of such vital importance to the Natives that I am most anxious that the point should be settled immediately. The case was adjourned to enable Mr. Brandon to obtain further evidence. Enclosed is the deed I produced in Court, and which was considered waste paper. All of Colonel McCleverty's deeds are worded in the same manner. If the view taken by the Resident Magistrate is correct, the title to every piece of land in the vicinity of the town (including Te Aro and Pipitea-Pas) given to the Natives by Colonel McCleverty is invalid.

George F. Swainson,
Commissioner of Reserves.

The Hon. the Native Minister.

Opinion.

I understand that this land formed part of the tract included in grant of the Port Nicholson District to the New Zealand Company. On the dissolution of the Company it reverted to the Crown. Colonel McCleverty, as the authorized agent of the Crown, agreed with certain Natives to grant them the piece of land in question. Under such agreement the Natives have a good equitable title, which the law would no doubt enforce, and which the Crown is prepared to maintain. Mr. B—— occupies the land under agreement with the Natives for a lease. Mr. B—— cannot dispute his lessor's title. I can offer no opinion on the point as to how this state of affairs may bear upon the question before the Resident Magistrate.

Henry Sewell,
Attorney-General.

26th April, 1865.