G.—9

4

Eenata and others, who had been declared owners, objected to the rehearing. This was only natural, seeing that they had obtained the land. I must now refer to what was done regarding the rehearing of this Kaimanawa-Oruamatua Block. The matter came before the late Sir Donald McLean; and after receiving an explanation from Judge Kogan, in which he stated that the Natives could have had time to appear (of this, as I have said, there is not the slightest tittle of evidence), and on it being stated to Sir Donald that, as regards the Kaimanawa-Oruamatua Block, it had been leased to Captain Birch, and that the Natives who had now claimed interests had not claimed rents from Captain Birch, he instructed the UnderSecretary to write declining to grant rehearing. Nothing more appears about this block save that in letters from the Natives they insist that the title to the block had not been properly investigated. I am of opinion that the Court ought not to have issued the certificate to this block to Eenata Kawepo and the persons named, as it was clear from the evidence of Noa Huke that there were others interested in the land, and that, a certificate having been wrongly issued, a rehearing should have been granted. The papers next show that some correspondence took place between Mr. Locke and the Native Land Court about the school reserve at Owhaoko. Sir D. McLean and Mr. Locke seem to have arranged with the Natives regarding this school reserve; and on the 3rd July, 1876, Mr. Locke makes inquiries of the Chief Clerk of the Native Land Court at Auckland as to the position of this matter. In the Gazette of the 27th June, 1876, a notice dated from the Native Land Court at Auckland is as follows : —

No boundaries are given in the notice to the Natives. The Natives were referred to a map which I suppose could be seen at the Native Land Court at Napier, about a hundred miles distant from their homes, and by a road almost inaccessible. The notice was gazetted on the 27th June, 1876, and the Court was to sit on the 25th July. There is nothing on the face of the papers to show when, if ever, this notice was served on the Natives at Patea. The next entry regarding this block is in the minute-book dated the Ist August, 1876 : " Owhaoko, 164,500 acres. Plan produced, claim read." The only evidence given was as follows:— Benata Kaiuepo sworn : I know the block of land called Owhaoko. I ordered the survey. Mr. Campion was the surveyor. Ido not know the boundaries. Ihakara and Karaitiana te Eango pointed out tho boundaries. There was no obstruction to the survey. I claim this land. My claim to this land is of the same nature as to the block called Owhaoko No. 1, that was heard at a previous sitting of the Court here. Eenata Kawepo, Ihakara te Earo, Karaitiana te Eango, Eetimana te Eango —these are all the principal owners. It will be observed that the only thing Eenata Kawepo, who was the only witness examined, stated was that his claim to the land was of the same nature as to the block called Owhaoko No. 1, that was heard at a previous sitting of the Court. This block seems, however, to have comprised the blocks previously heard ; and if his claim were the same, then it is clear from Noa Huke's evidence that there were

Names of Applicants. Name of District. .enata Kawepo. loa Huke. 'e Hira Oke. Owhaoko, near Napier. The plans of such of these lands that have been surveyed will be seen at the office, Eesident Magistrate's Court, Napier.