G.— 2

2

With respect to the duties confided to us, we find that the following persons are the only survivors amongst the original claimants, viz., Nopera te Ngiha, Wi te Kanae, Tungia, Mateiie te Whiwhi, Hohaia (Pokaitara), and Eene te Ouenuku, six in all, which left twenty cases to investigate. In carrying out the inquiry concerning these cases we have been guided as far as possible by the terms of clause 4 of " The Native Intestate Succession Act, 1870," in respect of the persons entitled to succeed to the personal estate, and by the law of distributions as regards the proportionate shares awarded. There are only a few cases that need any special comment by us, and these are in regard to the claimants to the following shares, viz., Kopata Wainui's, Hoani te Okoro's, Tamihana te Euaparaha's, and Eraia te Hunga's. Respecting the first case, it was proved in evidence that Ropata Wainui had a niece named Teremahi living at the Waikato, but as her father was a Native of another tribe, and she was, moreover, an illegitimate child, she was not entitled to inherit according to Native custom, in preference to the lineal heirs in the direct line. These were found to be seven in number, but five ultimately agreed to withdraw in favour of the other two, viz., Wi Parata, and his brother, Hemi Matenga ; the former having been an adopted child of Ropata Wainui's, and shared property in common with him during his lifetime. Matene te Whiwhi, one of the original claimants, was unable to attend owing to infirmity He was represented by his daughter, Hene te Eei, who produced a letter from her father requesting the Commission to allot his own share, and any other he might bo proved entitled to, to his daughter. This letter was afterwards substantiated by him at Otaki before one of the Commission, Major Heaphy In the case of Hoani te Okoro and Tamihana te Ruaparaha evidence was adduced that they had bequeathed their property to certain persons by will, and the further consideration of the matter was adjourned to Wellington for the perusal of the respective wills, and to obtain the opinion of the Crown Solicitor as to whether this particular property being in posse at the time of their death could be considered as a portion of the estate devised. Concerning Eraia te Hunga's case, the nearest of kin are a nephew and niece, supposed to be amongst the Ngatimnniapoto. An objection was raised by the members of the Ngatitoa tribe present to these relatives being selected as successors to Eraia, owing to their close affinity with the Ngatimaniapoto ; their mother being a member of that tribe of the half-blood, and their father being also a Native of the same tribe, which removes their relationship to the Ngatitoa into the third degree. It was further urged on the part of the Ngatitoa that, as Eraia te Hunga had derived his interest in the property then sub judice, owing to his tribal connection with them on the father's side, and was present at the sale of the territory out of which the said property originated, not as a claimant but as a spectator, it would not be equitable to allot his share to any of his relations out of the tribe. In opposition to this it was pointed out that Eraia was one of the signatories to the deed of cession, and no doubt good reasons existed for placing his name amongst the twenty-six persons to receive a grant of land; but in any case, supposing it was proved that no such right existed, and the name was excised from the list, a proportionate amount of the £5,200 under consideration would also have to be excised, as each person named had an equal right, and this being the foundation of the whole claim : no benefit would therefore accrue to the Ngatitoa by a non-recognition of Eraia's share. In view of all the circumstances, we therefore decided, that the nephew and niece are the proper persons to succeed. Adverting to the case of Hoani te Okoro and Tamihana te Euaparaha, the Assistant Law Officer having given it as his opinion that their respective shares must be considered as realty, Hoani te Okoro's will go to the devisees of the realty under his will, viz., Eronora Tungia and Paraniha Paruparu, and Tamihana te Euaparaha's will go to the trustees, Messrs. E. Baker and T. C. Williams, as devisees of his residuary real estate upon the trusts on which the devise was made. A genealogical inquiry was made in all cases where it was found necessary to trace the degree of affinity between the claimants and the deceased allottee, of which copies are attached. A schedule containing the names of the survivors and the representatives determined on by the Commission to receive the shares of those deceased amongst the twenty-six chiefs, with the proportionate amount payable to each, is herewith annexed for your Excellency's information. All which we humbly submit for your Excellency's consideration. Witness our hands and seals this twenty-ninth day of January, 1881. Chaeles Heaphy. (1.5.) A. Mackay. (1.5.)

Enclosure No. 1. Commission signed by the Administrator of the Government. (1.5.) James Peendeegiast, Administrator of the Government. To all to whom these presents shall come, and to Charles Heaphy, Esq., V.0., and to Alexander Mackay, Esq., Greeting: Whereas all the land at the Waipounamu, belonging to the Ngatitoa tribe of the aborigines of New Zealand, was ceded to Her Majesty the Queen by the chiefs of the said tribe on certain conditions and stipulations set forth in two separate deeds dated respectively the 10th day of August, 1853, and the 13th day of December, 1854 ; and in accordance with one of the aforesaid stipulations it was directed