F.—No. 6a.
FURTHER REPORTS FROM OFFICERS
6
There is another source of great expense to which it appears to me the Natives are unnecessarily subjected : that of professional assistance, which, by a rule of the Native Land Court, they are obliged to incur in the larger towns. Where Native title is settled by no rules of law, but by Native custom only, Ido not see why English barristers should be employed. To illustrate this grievous infliction, I will instance the case of the Aroha, now being reheard in Auckland. Heta Tauranga, of the Ngatihaua, in answer to my inquiries, informs me that at the first hearing of this claim, his hapu paid the sum of £170. This includes interpreter's fees, and in the present case, they (Ngatihaua and Ngatihincrangi) had become liable for £IS7 4s. This is for professional assistance alone (lawyers and interpreters) ; and this expense is increasing at a daily ratio of from £8 to £10. The Natives are now hawking about their Waikato awards to raise funds to meet these —to my mind, unnecessary and ruinous—expenses ; and I consider Mita Hikairo is quite justified in saying " that the re.al estate is swallowed up in expenses." It occurs to me, that to encourage Natives to bring their lands forward for adjudication, the expense should be cut down to a'minimum rate, and that, in the matter of surveys, the Natives should be encouraged to do as much of the work themselves as possible. To return to my narrative. After the conclusion of the meeting with the Arawa, it was found too late to see the Ngaiterangi. The meeting with them was therefore adjourned to the following morning, Thursday, the 19th. Early on that day, the chiefs Enoka, Hamiora Tu, Hori Ngatai, Ranicra Te Hiahia, Wi Paura, and several of their followers, met Mr. McLean. Hori Ngatai was spokesman for the rest. He said they had only two or three matters that they wished to lay before him. He would put them, and ask the Native Minister to reply to each seriatim. Ist. They asked to have the Native Land Court adjourned to Maketu, for two reasons : One was, that the strangers were eating up their food; and the other, th.at some of the Natives got excited with drink, and serious disturbances arose between the tribes. That they did not make this request on their own behalf alone, but on behalf of their European friends, with whom they lived as brothers. Mr. McLean replied that he did not wish to interfere with the Court, but that their request should be made known to the presiding Judge. 2nd. They wished to have the Commission for the settlement of the Tauranga land re-opened, so that each individual or hapu might know to what piece of land they were entitled. Mr. McLean replied that he had already signed a memorandum authorizing the re-appointment of Mr. Clarke, aud that the subdivision should be proceeded with. 3rd. They were very anxious that village schools should be established ; that they had already set apart a piece of land for the purpose, and were ready to hand it over in accordance with the law. Mr. McLean replied that he was very much gratified to find that the Ngaiterangi were beginning to see the advantages of educating their children; that it was the only thing that would raise the Natives to a level with their Pakeha neighbours. That he would give directions in the matter, but that it would be necessary that tho requirements of the law (Native Schools Act) should be complied with. 4th. That tho Ngaiterangi wished to be employed on the Public Works. Mr. McLean replied that he would leave directions with Mr. Clarke ; but in the meantime, they should secure their crops, so as not to be interrupted while at work on the roads. He also explained that the works were all let out by contract, and that therefore the person who tendered lowest and was capable of undertaking the work would get it. This concluded the meeting. It was on the morning of that day that a rather alarming telegram was received from the Resident Magistrate at Maketu, reporting the imminence of a serious quarrel between two principal sections of the Arawa, arising out of a judgment of the Native Lands Court; but as it has been the subject of a separate letter, I will not refer to it here. I have, &c, H. T. Clarke, The Under Secretary, Native Office, Wellington. Civil Commissioner.
No. 3. Mr. Clarke to Mr. Halse. Sir, — Civil Commissioner's Office, Auckland, 27th January, 1871. In continuation of my report of yesterday's date, I have to inform you that the Native Minister left Tauranga for the Bay of Plenty Coast settlements, on the night of the 19th. In consequence of the state of Native matters at Maketu, Mr. McLean decided to land at that port, so as to give him an opportunity of visiting the principal men concerned in the quarrel which had been revived respecting their lands. We landed at 7 o'clock a.m. on the morning of the 20th. Mr McLean by invitation visited the Ngatipikiao at Te Pokiha's large " Wharo Whakairo Kawatapuarangi," which was crowded almost to suffocation. As the closeness of the house was insufferable to Pokiha's endurance, the meeting was adjourned to the open air. Te Pokiha sweltering under a heavy dogskin mat, rose to welcome the Native Minister, and Matene Te Whiwhi (who accompanied Mr. McLean in his tour.) He then proceeded by saying, " What has occasioned this visit from you ; is it on account of this trouble that has arisen ? The trouble has arisen from the surveyors. AVhen I was doing Militia duty at Tauranga, a survey of land was being made at Maketu. I complained to Mr. Clarke that this work was being done clandestinely, and threatened to go and pull up the surveyors' pegs. Mr. Clarke told me that it would not affect the title to the land in any way; that it was not necessary to make any demonstration in the matter. We havo since found that this is not the case ; that if we had interfered while the land was being surveyed, we could have brought a good case in the Court. Not only so, but we find that in some instances as many
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