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

[No. 95.]

No. 95.

Memorandum.

Willington.—Suggesting That Natire Reserves be brought under Operation of the Native Lands Act.

The Hon. the Attorney-General has, I think, decided on a former occasion that the title has not been extinguished in the tenths of land set aside by the New Zealand Company for the Natives, as such are excluded in the grant from the Crown. In that case they can only be brought under the Act of 1852 page 48by obtaining the Natives' consent, under clause 14. But from copies of correspondence attached it will be seen that a former Attorney-General decided that lands held under Colonel McCleverty's arrangements are not reserves within the "meaning of 'The Native Reserves Act, 1856.'"

With regard to Te Aro, Colonel McCleverty's deed states: "This pa is also guaranteed to them; vide map attached, containing 2 acres 1 rood 11 perches.—W. A. McCleverty, Lieut.-Colonel." Pipitea deed says: "The plan of the pa will hereafter be annexed; it is guaranteed to them, and is a Native or public reserve.—W. A. McC."

If this class of land is not at present, or cannot be, brought under the Native Reserves Act, are not the Europeans leasing the same subject to the penalties of the Native Land Purchase Ordinance? Might they not be brought under the Native Land Act? We cannot force them to assent.

George F. Swainson.

16th June, 1865.

Memorandum for the Hon. Attorney-General.

I think that the simplest and fairest way of settling this would be by the Native Land Act, if it can legally be applied to them. Can it?—W. B. D. Mantell. 17th June, 1865.

Minute.

The late Attorney-General's opinion is not, I think, substantially different from my own. In order to bring the lands in question under the Native Reserves Act, proceedings must be first taken under the 14th section of that Act. Till this was done the Commissioner of Native Reserves had no power over them. I think they may be brought under the Native Reserves Act in the manner pointed out in section 14 of that Act, or they may be dealt with under the Native Land Act.—Henry Sewell, Attorney-General. 19th June, 1865.