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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

Succession Cases

Succession Cases.

These cases being called on, Mr. Rolleston said that Mr. Tancred would be in attendance at 11 o'clock, and as he had some of the Crown grants (according to the statement of the Natives), it would be well if the cases were postponed.

The case of Tamati te Au, Teone Pere, for an order of succession to Section 112, at Kaiapoi, formerly held by Tauteori, was dismissed, claimant not having produced the Crown grant, as directed so to do on the previous day.

In reply to the Court, Mr Maxwell said that the subpcena for Mr. Tansred's attendance at 10 o'clock, was written in English.

The business of the Court was suspended in consequence of the absence of Mr. Tancred (a messenger being sent for him).

Claim of Teote Karatiti, for an order of succession to Section 102, Kaiapoi, formerly held by Pitama Karatiti.

H. J. Tancred: I am Commissioner of Native reserves. I produce the Crown grant to Pitama Karatiti.

Mr. Cowlishaw appeared for the claimant, and said he could prove that Pitama Karatiti was dead.

George (a Maori) deposed: I knew the claimant's father, Pitama Karatiti. I live at Kaiapoi. Pitama Karatiti owned Section 102, Kaiapoi. I don't know the exact date of his death. Teoti is his only son. Pitama Karatiti mado a will, which I am in possession of. [Will produced.] That is the only will Pitama made. I did not see him make it. He did not part with his land in any way.

The Chief Judge said that the claimant could take out an order of succession.

In answer to the witness, the Chief Judge said that he would send down an order of succession as soon as he got back to Auckland.

page 190

Claim of Wiremu Naihiri, for an order of succession to Section 19, Kaiapoi, formerly held by Marakaia Hape.

Mr. Cowlishaw appeared for the claimant.

Mr. Tancred produced the Crown grant conveying the section to the deceased.

Wiremu Naihiri deposed: I live at Kaiapoi. I knew Marakaia Hape. He is dead. He was a nephew of mine, a son of my sister's. Marakaia had no children, nor brother. His father is dead. Marakaia was the only child. I am the only relation alive. Marakaia wrote a will. I am in possession of it [will produced].

The Chief Judge said it appeared from the will that the claimant was the sole devisee. The will only wanted attestation.

Claimant: Marakaia made no other disposition of his property.

The Chief Judge said the claimant could take an order of succession.

Claim of Ramari, for an order of succession to Section 95, Kaiapoi, formerly held by Paora Tau.

Mr. Cowlishaw appeared for the claimant.

Ramari deposed that she lived at Rapaki. She knew that a Crown grant had been issued for the land. The Crown grant was at Kaiapoi. Pita had it in his possession. A white man stole it from Pita.

Mr. Cowlishaw said he could prove that the Crown grant was really lost. The duplicate could be produced.

The Chief Judge adjourned the case till a later period of the day, in order that evidence might be produced as to the issue of the Crown grant.

Claim of Honi Hikana (a child), for an order of succession to Section 27, Kaiapoi, formerly held by Tame Teio.

Mr. Tancred deposed that he did not know whether any Crown grant had been issued to Tame Teio. He did not think any Crown grants were issued before he became custodian of them as Commissioner.

Matene Piki deposed: I live at Kaiapoi. I knew Tame Teio. He is dead. He owned Section 27, Kaiapoi. No Crown grant has been issued for it. Mr. Buller apportioned Tame Teio a portion of land at Kaiapoi. Honi Hikana is in Court; he is a grandchild of Tame Teio. Tame Teio has no children alive. Tame Taio's father and Honi Hikana's father were descended from the same source. I have seen two of Tame Teio's children; they are dead; they left no children. The friends and relations have agreed that Honi Hikana should succeed Tame Teio. Tame Teio made no will, nor did he dispose of his property in any way.

Mr. William Rolleston: I live in Wellington. I know Mr. Walter Buller's signature. That signature is his. Mr. Buller was appointed to allot the Kaipoi reserve amongst Natives. The Government have issued a large number of Crown grants fo[gap — reason: illegible] the land apportioned by Mr Buller. They have no objection to a Crown grant being issued for this land. The reason why all the Crown grants have not been issued is owing to some insufficiency of survey.

The Chief Judge inquired (through the Interpreter), if any of the Natives had any objection to the land being made over to Honi Hikana.

Several Natives answered in the negative; and the Court ordered that Honi should succeed to the land.

Claim of Hariata Pohata for an order of succession to Section 107, Kaiapoi, formerly held by Honi Pohata.

Mr. Cowlishaw said that in this case the Crown grant had been issued by the Government to the claimant. The grant was made out in the names of the son and daughter of the deceased.

The case was withdrawn.

Claim of Reihana Paora, for an order of succession to Section 95, Kaiapoi, formerly held by Paora Tau.

The claimant deposed that Paora Tau was his father. He was dead. Claimant was his eldest son. Paora Tau made a will; the will had been burnt. Pita and many others saw the will made. Claimant was at the place at the time, but did not see his father write the will. There was a Crown grant for the land, but Mr. Tancred bad not given it to him. His father did not sell the land. The land is the same piece which Ramari (his mother) claimed.

Mr. Cowlishaw said he was not aware that this was a claim for the same piece of land as Ramari claimed. He thought there were conflicting interests in the case.

The Chief Judge said it would be found that there would be no hostility in the matter. He would adjourn the case until a later period of the day.

Claim of Wiremu Te Koti, for an order of succession to Section 78, Kaiapoi, formerly held by Te Wakina.

Aperahama Te Aika: I live at Kaiapoi. Wiremu Te Koti is at Moeraki. He is a small child. I knew Te Wakina; he is dead. He owned Section 78 at Kaiapoi. Te Wakina had one child, but he is dead. Wiremu Te Koti has got younger brothers and sisters. They agree that Wiremu should succeed to the land. Te Wakina made no will; he did not sell the land.

Mr. Tancred stated that the Crown grant had been made out to the claimant.

The claim was therefore withdrawn.

Mr. Cowlishaw appeared for the claimant.

Claim of Reone Te Pikihuia, for an order of succession to Section 37, Kaiapoi, formerly held by Honi Potoko.

Mr. Tancred produced the Crown grant to the deceased.

Te Meihana: I live at Kaiapoi. I knew Honi Potoko. He is dead. He did not make a will; he did not sell his land. Honi Potoko has no children alive. Reone is the nearest relative that can be brought forward.

The Court gave the order.

page 191

Claim of Tauteori, for an order of succession to Section 112, Kaiapoi.

Mr. Cowlishaw said the Crown grant had been made out to the claimant.

The case was, therefore, withdrawn.

Claim of Kuru Maika, for an order of succession to Section 17, Kaiapoi.

Mr. Cowlishaw stated that in this case also the Crown grant had been made out to the claimant. There was, therefore, no necessity to proceed further.

The case was withdrawn.

The Chief Judge thought that the object of the applicants was to get Crown grants into their own hands.

Mr. Cowlishaw considered that the grants to minors would be safer in the custody of Mr. Tancred.

One of the claimants was called, and stated, as his reason for the Natives wishing to hare the Crown grants, that they were apprehensive that when the minors died out (the grants being in the hands of the Government), the Government would take possession of the land.

The Court (through the Interpreter) explained that the guardians of minors could apply for and obtain possession of their Crown grants from Mr. Tancred, if they wished to hare them.

On the application of Mr. Cowlishaw, the claims of Reihana Paora and Ramari to Section 95, Kaiapoi, were adjourned until next morning.