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No. 79. Memo. a.-> ro Present Legislative Powers : Purchase of Native Land by the Crown. There is no power at the present time to take Native land compulsorily. Such power was proposed to be obtained, and clauses 27 to 31 of the Land Bill of last session provided the necessary machinery, but, as the Bill was not proceeded with, the power was not obtained. The only power to acquire Native land by the Crown is that conferred by Part XIX of the Native Land Act, 1909. Under this Act the Crown may purchase Native land either (a) from a Maori Land Board, or (6) from incorporated owners, or (c) from the assembled owners, or (d) by way of private alienation. Under the circumstances of the case, as the Mokau-Mohakatino Block is not vested in a Maori Land Board, nor have its owners been incorporated, the best method would be by way of purchase from the assembled owners under section 368 of the Native Land Act. To do this the Native Land Purchase Board has to fix a price to be offered for the land, and this offer is then transmitted by the Native Minister (Chairman of the Board) under section 355 to the Maori Land Board of the district. The Maori Land Board then calls a meeting of the owners under section 341 by direction of the Native Minister. If a majority of the owners (who hold a majority of the land) accept the offer, the necessary steps to convey the land to the Crown can then be taken. Wμ. C. Kensington.

No. 80. Under-Secretary for Lands. Crown Law Office, sth April, 1910. He Acquisition of Mokau-Mohakatino Block. In 1902 the Supreme Court decided, in Niniwa Heremaia v. the Minister of Lands {22 N.Z. L.K. 54), that Native land did not come within the scope of the Land for Settlements Act, and could not be acquired under that Act either voluntarily or compulsorily. The rule as so established has not since been affected by any legislation. The acquisition of Native land by the Crown must take place under the Native Land Act, 1909, Part XIX. The purchase is effected by the Native Land Purchase Board, the purchase-money comes out of the Native Land Settlement Account, and the land when purchased becomes Crown land subject to the land Act, 1908. John W. Salmond, Solicitor-General.

No. 81. Head Office, I.amis and Survey, 7th April, 1910. Tlu: Jiight Hon. the Prime Minister. Acquisition of Mokau-Mohakatino Mode. With reference to Cabinet minute of the 28th March, that this land should be taken compulsorily, provided all parties agree as to the proportions of purchase-money to be paid to each, 1 have the honour to report that the question as to how the land could be taken in compliance with instructions was submitted to the Solicitor-General for his advice. The Solicitor-General now states that the acquisition must take place under Part XIX of the Native Land Act, 1909 —that is to say, the Native Land Purchase Board has to effect the purchase from the Native owners by mutual agreement under one of the methods set forth in that Part of the Act, probably direct from the assembled owners. The matter is therefore submitted for your information and decision as to what furtheraction is to be taken. For Cabinet.— J. G. W.—ll/4/10. ■In Cabinet, 12th May, 1910. . The whole matter to be referred to a Royal Commission of two Judges, to ascertain (a) What legal ridits if any (b) what his equitable rights are; (c) the rights legal and equitable of any other claimants. J - F - Andrews Secretary to Cabinet.

No. 82. Lands Department, 13th May, 1910. Memorandum for the Hon. Attorney-General. Acquisition of Mokau-Mohakatino Block. As you will see by a perusal of the accompanying file of papers (Lands file, 1910/747), the question of the acquisition of the interests of the lessees and mortgagees of the above land has been considered by Cabinet, and I have now the honour to request you to kindly take the necessary steps to have a Commission of two Judges of the Supreme Court appointed to report upon the