G.—6e

1929. NEW ZEALAND.

NATIVE LAND AMENDMENT AND NATIVE LAND CLAIMS ADJUSTMENT ACT, 1926. REPORT AND RECOMMENDATION ON PETITION No. 167 OF 1925, OF MAKI PIRIHI AND ANOTHER, RELATIVE TO TAWHITIRAHI OR PONAITI ISLAND.

Presented to Parliament in pursuance of the Provisions of Section 35 of the Native Land Amendment and Native Land Claims Adjustment Act, 1926.

Native Department, Wellington, 27th September, 1929. Petition No. 167 of 1925. —Poor Knights Islands. Pursuant to section 35 of the Native Land Amendment and Native Land Claims Adjustment Act, 1926, I herewith transmit the report of the Native Land Court upon the allegations contained in the above petition. The claim to these islands arose through dealings by Mr. J. S. Polack with Natives subsequent to the establishment of the British sovereignty. To settle the sundry claims that arose in respect of land dealings with Natives, the Land Claims Settlement Act, 1856, set up a Court of record (whose decision was to be final and conclusive), called the Land Claims Commission, to inquire into such claims, and the claim to these islands was among those submitted. On the first occasion it came before the Court the claim was allowed to stand over, the evidence as to the extinction of the Native title being incomplete. (See report, parliamentary paper, 1863, D.-14, p. 89, No. 1209.) The matter again came before the Court, and the formal report (parliamentary paper, 1878, N.-20, p. 7) shows that a Crown grant was issued on the 30th August, 1864, to R. S. Thomson (the assignee). The effect of this grant was that it became a valid and effective conveyance of the land against the Crown and against all other persons whatsoever (section 49 of 1856 Act). The question of what happened prior to the grant then became a closed page, even if the ordinary rule that a Court is presumed to have acted within its jurisdiction did not apply. It must be evident, if this title could be impugned, then every similar claim settled by the Land Claims Commission Court could be attacked upon similar grounds. The Crown later acquired the title to the land for valuable consideration. Under these circumstances I have no recommendation to make. P. N. Jones, Chief Judge. The Hon. the Native Minister, Wellington.

In the Native Land Court of New Zealand, Tokerau District. —In the matter of section 35 of the Native Land Amendment and Native Land Claims Adjustment Act, 1926 ; and in the matter of petition No. 167 of 1925, of Maki Pirihi and another, praying for restitution of the Poor Knights, or Tawhitirahi Island, by the Crown. To the Chief Judge, Wellington. At a sitting of the Court held at Whangarei on the 28th September, 1928, before Frank Oswald Victor Acheson, Esquire, Judge, after inquiry into the claims and allegations made in petition No. 167 of 1925, it was decided to report as follows : — (1) The islands affected by the petition are — a. r. p. Tawhitirahi .. .. .. .. .. 318 3 0 Aorangi .. .. .. .. .. 163 3.0 Total area .. .. .. .. 482 2 0 the two main islands comprising, together with several small rocky islets close by, the group known as the Poor Knights. The claim is not limited to Tawhitirahi.