<*-6a

At various times since that date the Natives have raised and maintained their claim to the bed of Te Whanga, notably in 1915, 1918 and 1921. No doubt other claims would have been made before 1915, but for the fact that there was no interference with Native rights until the East Coast Railway Embankment was erected. It is to be noted that so far as the Natives were concerned there was no suggestion whatever until 1918 that the Natives had parted with their rights to Te Whanga under the 1851 Deed. The fact that this claim was so consistently maintained right up until the time of the earthquake, in face of what was then an extreme improbability that the bed of the Te Whanga would ever be of any use, proves conclusively that the original vendors and their descendants have never had the slightest doubt but that their ancient fishing ground still belonged to them. The Commissioner's Report at the foot of page 2 and at the top of page 'i shows how strenuously the Natives insisted on the preservation of their rights over Te Whanga. An effective answer to the suggestion that Te Whanga was sold is that if any weight whatever is to be attached to the final clause relating to the sea, the rivers, &c, then the delineation of the boundary of the Block sold becomes absolutely meaningless, since it then would cease to be the boundary altogether. This forces us to the conclusion that Mr. McLean 1 purchasing for the Crown knew that Te Whanga was retained by the Natives, otherwise why was Te Whanga gazetted along with the Rest of the Reserves. When the 1851 document is viewed in this light it becomes clear that the 1921 Commission was in error in deciding that the Natives had disposed of their interest in Te Whanga by sale. 3. In reply to any other contention that the Natives had abandoned their claim. The facts above set forth demonstrate that the Natives have not only continued to use Te Whanga but have consistently maintained their claim to the bed of the lagoon notwithstanding that before the earthquake it was never expected that the bed would be raised. The claim of the Natives is not one of recent origin, nor is it in any way inspired by the effect of the earthquake. They put forth the claim to-day in good faith and in the same way as they and their ancestors always have done. Summed up, then, we say : (1) The Te Whanga is naturally a fresh water non-tidal lagoon. It was such when the Maoris acquired their ancient indisputable rights over it. (2) Those ancient rights can only be displaced by the clearest possible grounds in face of the protection given by the Treaty of Waitangi to the Natives in respect of all their lands, fisheries and other properties collectively possessed by them. (.'s) The fact that subsequently to those ancient rights being acquired the Te Whanga became : («) In part (up to the Iron Pot) salt water and tidal by the forces of nature, or (b) Wholly salt water and tidal largely by artificial means, — and not valid grounds for displacing those ancient and valued rights. A. Whether originally salt water or fresh the Treaty of Waitangi protects the Natives (unless it can be proved that they have since sold Te Whanga) because this area was an inland area of water —an area of the sea within the territorial waters of the Colony and which from the beginning was a fishery and a " property which was collectively possessed " by the Natives. The Maoris have prior rights to the Harbour Board or any other institution or individual. 5. The claim to the bed of Te Whanga has been strenously maintained at all times although nobody ever expected the bed of the lagoon would be raised. G. No sale of Te Whanga has ever been made in reference to the 1851 sale : (a) The Te Whanga was expressly excluded from sale and gazetted as a Reserve. (I)) This reservation from the land being sold was explicit and express and must be given effect to. (<■) The general concluding clause relating to the inclusion of the " Sea, Rivers, &c." does not derogate from the exclusion of Te Whanga or extend the boundaries already clearly limited by the Deed,

5—G 6a

Para. 96.

Para. 121

Para. 151

Para. 151,

85