SETTLEMENT OF CONFISCATED LANDS.

11

C— No. ix.

marked off on the ground as were required to define the limits of the land allotted to military settlers. It is only during the present year that a proper trigonometrical system of survey has been undertaken, and that is not yet extended beyond the Patea River, so that at present, though great care is taken not to trench upon any of the reserves in question, it is impossible to say what is the actual acreage of land included within their limits. I need hardly say that no attempt has been made to subdivide any of the reserves in my district for the purpose of satisfying individual claims, though indirectly the survey now in progress will greatly facilitate this operation. The maps in my office, which have been copied from those in the Crown Lands Office, will afford further information if required, and others can be prepared in the Survey Office, Carlyle, if necessary ; though, as there is no regular draughtsman attached to the department, I must point out that this will somewhat interfere with the field work. I have, &c,, RoBEBT PIIAEAZTN", The Hon. the Native Minister, Wellington. Commissioner of Confiscated Lands.

No. 13. Mr. R. Phabazyn to the Hon. the Native Minister. Sie, — Confiscated Lands Office, Wanganui, Ist December, 1871. I have the honor to report upon the application made by two Natives, Nahera Hautukua and Kaaro Hinehau, in their letter of 30th November, 187.1, referred to me this day, that the question is one of those to which I have adverted in my report upon the Native reserves in the Waitotara District, dated 30th November, 1871. The settlement of the question depends partly upon the completion of the survey, (which, with regard to this particular block of land, is in a very advanced state,) but chiefly upon the view taken by the Government of the mode in which effect ought to be given to the judgment of the Compensation Court. As I understand tiie matter, the Government can allocate any portion of the block they think fit to such Natives as have a claim to it; while it should seem that, as a question of strict law, all the Natives to whom the land was awarded have forfeited their rights, as the judgment states, " that the tribal estate must be regarded as held by the actual residents, whose dispossession, by whatever means effected, will be a dispossession of the whole tribe." (See New Zealand Gazette of 20th April, 1867, page IS9 of volume for 1887 ; also, my report to the Hon. the Premier, on N.S. 69-359, referring to the case of Haata Rio and others.) It would, however, be extremely inexpedient, if not unjust, to treat the subject as one of mere technical law, and I strongly recommend that the Natives who are fairly entitled to the land awarded to them should have it laid off as soon as practicable, or be compensated for it. I have, &c, ROBEET PhAEAZTN", Commissioner of Confiscated Lands. The Hon. the Native Minister, Wellington.

No. 14. Mr. E. Phaeazyn to the Hon. the Defence Minister. Sie,— Confiscated Lands Office, Wellington, 6th July, 1872. I have the honor to inform you that, in accordance with your instructions, I asked the Hon. J. C. Bichmond for information relative to the claim made by Major Kemp to land near "Wairoa, West Coast District, on which I reported to you yesterday. That gentleman informs me that, beyond the agreement with Major Kemp and other Wanganui Natives, contained in the deed of the 9th of November, 1867 (N.S. 67-1715), no recognition of Major Kemp's claim to the land in question was ever made by the Government, so far as he is aware. The Hon. J. C. Richmond is however of opinion that Major Kemp should not be debarred, on any technical ground, from establishing any rights he may have, as he had always expressed his own willingness, when in office, to allow Major Kemp a re-hearing. The Hon. J. C. Richmond suggests that a Special Commission might be issued to one of the Native Lands Court Judges, empowering him to adjudicate upon this particular case ; as, whether Major Kemp is really entitled to the laud or not, he certainly believes he is, and any misunderstanding on a matter of this sort should be cleared up as soon as possible. I have, &c, RoBEET PIIAEAZYN, Commissioner of Confiscated Lands. The Hon. the Defence Minister, Wellington.

No. 15. Mr. R. Phaeazyn to the Seceetaey for Ceown Lands. Sie, — Confiscated Lands Office, "Wanganui, 9fch August, 1872. Nearly a year has elapsed since the date of my last general report, during which period some improvements have been made in the organization of this branch of your department, with much consequent progress in the survey and other work required before the lands in my charge can be occupied.