83

I.—B

to justify this action by a reference to the Act.of 1880. In my opinion, that section of the Act he quoted, section 48, cannot help him. It is perfectly plain to me that allowing a dating-back could never apply when a rehearing had not been heard, and could not apply to an acting on section 50 of the Act of 1873, which the Supreme Court held the Native Land Court could do. And, as Mr. Stewart very properly stated during Mr. Bell's address, the Court consisted of Judge Fenton, Judge O'Brien, and an Assessor, and the Court so constituted never did affirm the decision, and never authorized Judge Fenton to sign the order he signed. Mr. Bell states that the decision of the Native Land Court is slightly misrepresented. I think he should have said that the Native Land Court never gave any such decision as the order signed by Judge Fenton declared. I wish to repeat the following points, showing concisely what I believe was wrongly done in reference to these two blocks :— 1. In my opinion, it was the duty of the Court to have ascertained from evidence that persons known to be interested had due notice of the decisions of the Court. 2. That Judge Bogan should not have allowed Eenata and the names he gave to be inserted in the memorial if he knew that other persons were interested. 3. That section 104 of the Act did not allow the Judge to authorize the Clerk to make the entries in the minute-book in reference to the investigation of the titles of these blocks. 4. That the rehearing of the Owhaoko Block should not have been adjourned sine die. 5. That the hearing of the Court should not have been fixed for a time so close to the end of the three years. 6. That it showed great carelessness in the management of the Native Land Court Office that an important telegram from the Native Minister and an important memorial from Maoris interested in the land should not have been read by the Chief Judge, and consequently not replied to. 7. That the Court should have ascertained clearly for whom Dr. Buller appeared, and should not have allowed him to appear for two parties if their interests were conflicting. 8. That the order signed by Judge Fenton should not have been signed by him. I repeat that if the mode adopted in dealing with the investigation of titles in Native blocks is similar to that followed in the investigation of the titles in these blocks, I am not surprised that the Native Land Court has been unpopular amongst the Maoris. I have not thought it desirable to comment at length on Mr. Bell's speech. I might have done so —there are many passages in it which might call for comment; but lam content to leave the Committee to deal with the matter.

APPENDIX.

Telegram from the Chairman to Mr. Cornford. Wellington, 2nd July, 1886.—Mr. Cornford, Solicitor, Napier.—On whose behalf did you peruse draft case for Supreme Court re Owhaoko in July, 1881 ? 2. Were you paid fees for such perusal; if so, when, and by whom? 3. When did you begin to act in the matter for Studholme and Renata?—E. T. Conolly, Chairman. Telegram from Mr. Cornford to the Chairman. Napier, 3rd July, 1886.—E.-T. Conolly, Esq., M.H.R., Chairman, Select Committee on Owhaoko Bill, Wellington. —At request of G. P. Donnelly, I perused a case submitted to me by Judge Eenton in July, 1881. Was never paid any fees for so doing. Began to act for Mr. Studholme in March, 1884. Have never acted for Studholme and Renata or for Renata. —H. A. Cobotobd. Telegram from the Chairman to Mr. Dickey. A. J. Dickey, Esq., Auckland.—Owhaoko and Kaimanawa-Oruamatua Land Committee.—A telegram received by you from Under-Secretary Native Affairs, dated 12th November, 1880, repeating telegram to Mr. Bryce from Hohepa Tamamutu and others, requesting removal of their names from document withdrawing Owhaoko case from Court, they having been cajoled by Dr. Buller to sign same, and adding that Mr. Bryce did not understand; and a letter to Mr. Eenton from Heperi Pikirangi and others explaining their absence at first hearing, and complaining of Dr. Buller, the translation of which is minuted by you " Mr. Fenton, I understand that the rehearing application had been withdrawn —A. J. Dickey, December 9, 1880 " —are among the file of papers produced to the Committee : can you state whether this letter and telegram were shown to Mr. Eenton, and, if so, when ; and also, was Mr. Fenton in Auckland in December, 1880, and, if so, at what dates ? Telegram from Mr. Dickey to the Chairman. Onehunga, 21st July, 1886.— E. T. Conolly, Esq., Chairman, Owhaoko Committee, House of Representatives,. Wellington.—Your telegram only received this morning, being misdirected. Having left the service, and having no access to any documents or memoranda, regret I cannot give the information asked.—A. J. Dickey. Statement of Renata Kawepo re Owhaoko and Kaimanawa Blocks. I was taken prisoner by the Ngapuhis, at Rotoatara, Te Aute, when quite a boy, probably about seventeen. I was taken by that tribe to Nukutaurua, Table Cape, which place they then occupied. I remained in captivity there for many years. I was tattooed there. When the Ngapuhis left Nukutaurua and returned to Bay of Islands I accompanied them, in captivity. I remained there about seven years, and became a Christian. The Rev. Mr. Williams, afterwards Bishop of Waiapu, wishing to send missionaries and native teachers to the southern parts of the Island, I was selected to accompany the Rev. Mr. Colenso to this district. I found that my own tribe had been driven to Manawatu by the same tribe by whom I was taken captive. The inland tribes under Te Hapuku had retreated to Te Mahia for protection. The whole of tho inland country was deserted. The Napier hills, being close to the sea, were occupied by Tarcha's father and other Natives. At that time Patea was occupied by Te Heuheu, of Taupo. I drove him out of that country about a year after. I occupied that country myself. Many years after this the late Sir Donald McLean was purchasing land from the Natives for the Government. The chiefs Te Hapuku and others were selling the land. Had they continued doing so the Natives would have been dispossessed of all their lands. They continued to sell. I objected, and wished the title of the parties to bo ascertained by law. After failing to induce them to stop selling, I said, " The guns shall adjudicate the land." I fought them at Te Pakiaka, and beat them. Several of the chiefs were slain, and I held the land. I was in absolute authority over the land. Then I brought my own tribe back from Manawatu, where they