D.-_fe. 16.

SCHEDULE A. CLASS A. 2.—Trusts under Provisions of Crown Grants or Legislative Enactments.

25

Or NATIVE RESERVES

DlSTEICT. Name op Reseeve. Area. Remarks. Otago Princes Street Reserve, Dunedin. a. e. p. 1 2 16 This Reserve was made in 1851 by Governor Sir George Grey, upon the recommendation of Mr. Mantell, the then Commissioner of Crown Land« at Dunedin, for the use of the Natives of Otago, as a place for drawing up their boats and other purposes. It consists of a very irregular narrow strip, but presents an extensive frontage to the main street of the city. It was used by the Natives in the way described until the year 1861 when, during the rush of people consequent on the discovery of the goldfields, it was taken up by squatters who obtained licenses to 000UOS from the Commissioner of Crown Lands. Shortly after this the Provincial Government of Otago made application to the General Government to have the property handed over for Provincial purposes, on the ground that the land, before being constituted a Native Reserve, had formed part of the town of Dunedin ; had been divided ink allotments for sale, then withdrawn and set apart for harbour purposes. This, however, appeared a mere matter of intention on the part of the original founders of the city, as no instrument could be found which could be considered to have the effect of dedicating the land formally to such an object. It is contended that if the New Zealand Company had a discretionary power as to the specific mode of dealing with the land, which may be inferred from the fact that a portion of the same shore was withdrawn from sale and given bv the Company as an endowment for the Presbyterian Church, which now holds it. The Crown which succeeded to the rights of the Company, had a like power. Moreover in the setting apart this land as a Native Reserve, it would appear that Governor Grey was only performing a tardy act of justice to the Nativo sellerof the Otago Block, who were entitled by the terms of the original scheme of the Company to have reserved for their benefit one acre to every ten of the allotments sold m the town of Dunedin, and which, as soon as the town was surveyed, were to be selected on the same principle as had obtained m the other settlements of the Company, with the difference, however, that the Governor was to select them. (See Captain Symonds' report on the purchase of the Otago Block, and Parliamentary Papers 1844-5.) In 1865, in conseqeuence of a favorable report emanating from a Select Committee of the House of Representatives on the claims of the Corporation of Dunedin, a Crown Grant was issued to the Superintendent ot Otago. In opposition to the effect of this grant, the Natives appealed to the Native Lands Court, and to the Supreme Court to have their claims considered, but owing to the land being held under Crown Grant, the first named Court could not deal with it, and the decision of the Supreme Court was adverse. On an application to the Court of Appeal the Natives were again defeated. From rents paid for holdings on this land the Bum ot £6,908 18s 9d appears to have accumulated. Schedule B. Class C. 1.—Grants with Limitations. DlSTEICT. No. Date op Ceetipicate. Date op Grant. Name oe Reseeve. Aeea. Remaeks. Nature op Teust, Limitations, &c. Waitaki... 1 13th May, 1868 ... Punaomaru A. E. p. 376 0 0 Reserved by Mr. Mantell in 1848, in terms of Kemp's purchase Certificate of Title ordered by the Court 20th May, 1868, in favor of Horomono Pohio and four others, in trust for themselves and others named in tho list milimitted to the Court; land to be inalienable Otepopo ,,. Do. 2 3 13th"kay, 1868'"... Otepopo Bush Reserve ... Moeraki 10 0 0 575 0 0 Timber only reserved, not granted Memo. —500 acres was the original size of this reserve,but it was subsequently increased by 75 acres, given in lieu of a reserve of similar area made at Kakaunui in 1848 Certificate of Title ordered by the Court, 26th May, 1868, in favor of Matiaha Tirarnorehu and fivo other's, in trust for themselves and others named in the list submitted to the Court; land to be inalienable