1510
THE NEW ZEALAND GAZETTE.
[No. 46

Royal Commission to Inquire into and Report as to Grievances alleged by Maoris with regard
to certain Lands at Orakei, in the City of Auckland.

GEORGE THE SIXTH, by the Grace of God, of Great Britain, Ireland, and the British
Dominions beyond the Seas, King, Defender of the Faith, Emperor of India :
To our trusty and loving subject : THE HONOURABLE ROBERT KENNEDY, a Judge
of the Supreme Court of New Zealand : GREETING.

WHEREAS petitions have been presented to Parliament by certain Maoris resident
at Orakei in the City of Auckland and elsewhere praying for the return to the
Maoris of the subdivisions of Orakei No. 1 Reserve Block which have been purchased by
the Crown from the Native owners and for the return to the Maoris of Lots 1, 2, and 3
on Plan No. 1330r, deposited in the office of the Chief Surveyor at Auckland, which said
lots were purchased by the Crown from the General Trust Board of the Diocese of
Auckland :

And whereas the claims and allegations made by the petitioners in the said petitions
were referred to the Native Land Court for inquiry and report pursuant to the provisions
of section 50 of the Native Land Amendment and Native Land Claims Adjustment
Act, 1928 :

And whereas the report and recommendation of the Native Land Court and of the
Chief Judge thereof under the said section 50 were in due course laid before Parliament
as in the said section provided but for divers reasons no action thereon was taken to
grant the prayers of the said petitions :

And whereas the Government has decided that it cannot, on the facts as at present
appearing, grant the prayers of the said petitions, but has decided to cause further inquiry
to be made into the matters referred to in the said petitions as hereinafter provided :

Now, therefore, we, taking into consideration your impartiality, integrity, and ability,
do hereby constitute and appoint you the said

Robert Kennedy

to be a Commission to inquire into and report upon the following matters :—

1. Whether the Crown by its purchase of individual interests in the land known as
   Orakei No. 1 Reserve Block, being the whole of the land comprised and described in a
   partition order of the Native Land Court dated the 10th day of January, 1898, and/or
   in any of the subdivisions of the said block and by the subsequent proclamation of any
   subdivision of such land as Crown land obtained a good and valid title to such parcels
   of the said land or individual interests therein as had been purchased, freed and discharged
   from all right, title, and interest of the Native vendors :

2. Whether there was anything contained in section 373 of the Native Land Act,
   1909 (re-enacted in section 453 of the Native Land Act, 1931), which prevented the Native
   Land Purchase Board from lawfully purchasing the said land or any interests therein
   or which rendered any such purchases when made invalid :

3. Whether there were at the time such purchases were made any valid reasons why
   the Crown should have abstained from purchasing the interests of those owners of the
   said land who were agreeable to sell, and did sell, their interests to the Crown :

4. Whether the Crown has paid to those Native vendors those interests it purchased
   a fair and reasonable price for those interests having regard to the value of the said land
   at the date of the purchase of such interests :

5. Whether the purchase-money agreed to be paid in respect of those interests
   purchased by the Crown in the said land has been duly paid to the Native vendors :

6. Whether the Natives now occupying portions of the Orakei No. 1 Reserve Block
   subdivisions purchased by the Crown as aforesaid have any right or justification for
   continuing to occupy the said land or any part or parts thereof and for refusing to vacate
   the said land or any part or parts thereof in order that the Crown may obtain vacant
   possession of the same :

7. Whether any promises were made or held out by any official or agent of the Crown
   to the Native vendors of any portion of the Orakei Block that, in consideration of their
   selling their interests in the Orakei Block elsewhere than in Orakei No. 1 Reserve (the
   Papakainga Block), the Crown would not purchase the interests of the Natives in the said
   Orakei No. 1 Reserve (Papakainga Block), and, if any such promises were made or held
   out by the Crown’s officials or agents, whether such promises were made or held out with
   the authority of the Crown, and whether the Crown was bound thereby either morally
   or legally :