I Have Made a Thorough Check of the Files and Documentation As Listed In
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·'- . :...:...'" .125 I have made a thorough check of the files and documentation as listed in Schedule "A" and have reached the following conclusions :- That an Order in Council made under Section 51 of "The Native Land Act 1886" purported to give the Native Land Court· jurisdiction over and power to determine the ownership of certain Native Reserves which ·were, in fact, vested in th~ Public Trustee under "The Native Reserves Act 1882" and to determine the individualisation of the respective titles thereto and the mode of grantingthe same. On 10th June 1987 the· Court, acting under the authority of the Order, Council ordered Certificates of Title to be issued to certain Maoris. These titles were duly issued by the District Land Registrar under "The Land Transfer Act 1885" and subsequently transfers by the Maori owners of the lands in question to bona fide purchasers for valuable consideration were registered. Reference Exhibit (1) Memorandum dated 21. 4 .1947 fran Registrar, Wanganui to Native Trustee, Wellington. The lands .concerned would appear to have been Puketotara and M:>1:uroa,.Blocks • I say this for the following reasons :- (a) Copy of letter, plus attachments, dated 26 October 1908 fran J .B. Jack, Reserves Agent for the Public Trustee in New 2. Plymouth giving details of Puketotara ~ati.on. Reference Exhibits. (2A) (2B) (2C), and (b) Memorandum dated 7 February 1931 from the Native Trustee to the Registrar of the Native Land Court in Wanganui referring to the sale of part of the ~tur:oa Reserve. Reference Exhibit 4. In 1899 proceedings were taken by the Public Trustee for the recovery of damages from the Assurance Fund under the Land Transfer Act. These proceedings are reported in Volume 17 New Zealand Law Reports Folios,577 to 596 (1899) and a sum reported as 7000 pounds (Refer Exhibit (1» was recovered. The disfOsal of this compensation money is dealt within the West Coast Settlement Reserves Act 1902 Section 3 and 6. Reference Exhibit (5) first 3 pages of Amendment Act. From the files it would appear that there was also compensation paid in respect of Moturoa land acquired under the Public Works Act for the Foxton/New Plymouth Railway. Reference Exhibit 4 - letter dated 7 February 1931 - Native Trustee, Wellington to Registrar, Wanganui and Exhibit 3 - Memorandum dated 15 October 1987 - Public Trustee, New Plymouth to Chief Judge. ) Compensation payable for land wrongly sold was referred to as L.A. or Land Assurance, while that acquired for Railway was referred to as R. & R. or Roads and Railways. 3. There is abundant evidence that from December 1904 to July 1954 (for Puketotara Compensation)jto December. 1966... (.for.Moturoa Compensation =_ ..... _._ .... Roads and Railways), and November 1958 for Moturoa Compensation Land Assurance), the Maori Land Court made Succession Orders in respect of Compensation monies. In the case of Moturoa Compensation, there are lists of owners at the beginning of the file and Succession Orders have been scheduled in the same manner as ordinary Maori Land Court ownership lis·ts. Puketotara Canpensation Orders have also been scheduled using J .B. Jack I s list as a starting point, but I cannot locate any updated lists. The main question unanswered is the reason why successions ceased and I have been unable to find any reason from Court files. Enquiries at the Maori Trust Office also proved fruitless. I have also telephoned all retired Accounts Officers known to me, who may have dealt with these compensation monies in their duties with Maori Trust, and although they were aware of the existence of these monies, they could not provide any info:rmation which was additional to that which had come to light in my research. However, the Court Correspondence file 27/7 folios 1, 2 and 3 contain a query in respect of Pukenui Canpensation Account. Mr. A. Harkess, a senior accounts clerk, info:rmed the Deputy Registrar in a. handwritten note ••••• "The capital money 1567 pounds 16 shillings and eight pence was held for a nUmber of years, interest on this money was paid out annually- and Capital mon~y was paid out (that is distributed I I to owners beneficiary cards) in Ma:i:-ch 1954. The only reference on our ledger is 8/238 but c.annot be locat'ed •.•••• " 4. A logical explanation is that with the eifluxion of time the persons beneficially entitled. to, interest fran the compensation money had increased to the extent'· that individual entitlements were so s~ as'· not to warrant a distribution and a decision was made to distribute·· the capital. Finally, the papers and files researched. by me did not, in my view,'· show any sign of irregularities. It would be necessary to make a '. .. thorough check of the Maori Trustee's accounting records ·w I··· doubt\:-.·;.·· . that many of these still exist. Again in my view, such a check woul('i;<· not be· warranted. as it would appear Compensation money was awarded,' interest was paid out to the grantees and their successors and in the .. 1950's or early 1960's the capitBl money was distributed. SClIEDULE A : SOUR.CES OF INFORMATIOO Maori Land OJurt Block Order File : TAR 3A PUKETOTARA CCMPENSATION ACCOUNT. Maori ·Land OJurt Block Order File : TAR 1 Volume 3 MOI'UROA CCMPENSATION (ROAD & RAILWAYS) MOl'UROA CCMPENSATION ( LAND ASSURANCE) • OJurt Application Files Recovered on Loan :fJ:xm National Arcbives : TAR 3 Volume 1 PUKETOTARA BLOCK TAR 3 Volume 2 PUKETOTARA BLOCK TAR 3A PUKETOTARA CCMPENSATION TAR 1 Volume 1 MOI'UROA RESERVE TAR 1 Volume 2 MOI'UROA RESERVE . Maori Land OJurt OJr.r:espondenCe Files : 27/1 MOI'UROA 27/3 PUKETOTARA 27/7 PUKENUI NO. 14 New Plyrrouth Validation COurt : 3 April 1902 to 15 April 1902 Record Book held in Maori Land Court, Wanganui. New Zealand Law Reports 1899 Vo1ure 17 pages 577 to 596 Public Trustee and Registrar General of Land. ~ -~ .. _ . - -~--- SO:IEDULE B : EXHIBITS EXHIBIT 1: Memorandum dated 21 April 1947 : Registrar, Wanganui to Native Trustee, Wellington. Source: Maori Land Court Correspondence File 27/3. EXHIBIT 2(a): Letter dated 26 October 1908 J .B. Jack, Reserves Agent, Public Trust Office, New Plymouth to Registrar, Wanganui. EXHIBIT 2(b): List of beneficiaries in Puketo tara CorrmpensatiGn forwarded with 2( a). EXHIBIT 2 ( c) : List of Sections sold from which interests in Compensation was derived, forwarded with 2 ( a) and 2(b). Source: Block Order File TAR 3A (Note: Originals later located in Correspondence File 27 /3A). EXHIBIT 3: Memorandum dated 15.10.1897 : Public Trustee, New Plymouth to Chief Judge, Native Land Court. Source: EXHIBIT 4: Letter dated 7 Februar:y 1931 : Native Trustee, . - - .....-- Wellington to Registrar, Native Land Court, Wanganui. Source: Maor)..\ Land Court Correspondence File 27/3 EXHIBIT 5:------ . .... Photocopy ·of· first three pages of West Coast Settlement Reserves Amendment Act 1902. Sour:ce: New Zealand Statutes. EXHIBIT 6: File note on Puketotara Compensation Account - largely repeats information in Exhibit 1. Sour:ce: Block Order File TAR 3A. EXHIBIT 7(a) & (b): Minute and Order dated 9/10 JUne 1887 made under jursidiction of Section 51 of "Native Land Court Act 1886" and Order made thereunder by the Governor in ~ouncil on 4 March 1887 in respect of the interest of MEl RUA KERE in Puketotara No. 3 Sub. 7 (Note: Sub 7 listed at top of Exhibit 2{ c). Sour:ce: Block Order File TAR 3 and 3 Taranaki MB 311. EXHIBIT 8: Succession Order dated 26 November 1904 in respect of Puketotara Compensation. Sour:ce: Block Order File TAR 3A. EXHIBIT 9: Beneficiaries in Puketotara Compensation Account. This would appear to predate Exhibit 2{b). For example, No. 15, NGATOKA HAERA, is replaced by No. 15 TE RINA· HOHUA in list supplied by JtB. Jack. \ Sour:ce: Block Order File TAR 3A. ;.:.•.. : ·,f 27/3 SUB. 2 SEC. ~9 PUKETOTA ~. ~ : ;' 21/4/47 . _..... OS/18 :;.' . According to my records the position with regard to this Block is as follows: /,1. On 10/6/1887 the Court acting under thf? authority of' an Order in Council made pursuant to Section 51 of' the Native Land Court ~ct, 1886 ordered that a c~rtif'icaE of Title issue in respect of' PukekohBtu No.3 Section 29 to Ramari Paraone as to one half' part,·to. Heta te Kfluri as to Olle fourth part, and to Hara te Kauri as to the balance. On 25tL June, 1894 the Court part! tioned Section 29 . into two portions of 6 acres 1 rood 24 perches eac~ .. _-· sub-division No. 1 was aVlar.ded to one ;'Villiam Humphreys and Sub tro. 2 to Ramari Para one. By Succession Orders dated 19/3/96 aIm 4/3/1902 the silare 01' Ramari became vested in Te.Kauri Ramari and Kararaiila Ramsri in equi'l shares. 4. It wol,lld appear that some!i~e prior to 1899 certain of' the sub-divisions of' Puke~l;ter1f.tt lTo .. 3 vlere sold by the r Natives, Section 29 being one of' them. III 1899 proceedings were taken by the Public Trastee for the recovery of damages from the Assurance Fund under the' Lund Transer· Act and a· sum of £7000 was recovered~ The . disposal Cif. this cO'mpensation money is dealt with iii) "The .j Wiist Coast··Settlements Reserves Act .Amendment Act, 1902 . J . Sections 3 and 6".' 'J 6. ,On 26/10/1908 this ct'f'ice received from J.B. Jack the t~ri~';':::;';;:"":" :0 Reserves Agent for the Public Trustee, firstly a list of' . I the beneficiaries in the Puke.totara Compensation Award together with their respective interests and' secondly a list \.