Oct. 17] THE NEW ZEALAND GAZETTE 1603

Royal Commission to Inquire into and Report on Claims preferred
by Members of the Maori Race touching certain Lands known as
Surplus Lands of the Crown

GEORGE THE SIXTH by the Grace of God, of Great Britain, Ireland,
and the British Dominions beyond the Seas, King, Defender
of the Faith.

To Our Trusty and Well-beloved Counsellor SIR MICHAEL
MYERS, Knight Grand Cross of Our Most Distinguished
Order of St. Michael and St. George, HANARA TANGIAWHA
REEDY, of Ruatoria, Farmer, and ALBERT MOELLER
SAMUEL, of Auckland, Retired: GREETING.

WHEREAS, prior to the assumption of British sovereignty
over the Islands of New Zealand, divers tracts or portions
of land therein were claimed to be held by divers persons other than
members of the aboriginal race (hereinafter referred to as land
claimants) by virtue of purchases, or pretended purchases, gifts,
or pretended gifts, conveyances, or pretended conveyances, or other
titles either mediately or immediately from one or more of the
Chiefs and other members of the aboriginal tribes inhabiting
New Zealand :

And whereas by divers instructions under the hand of one of
Her Majesty’s principal Secretaries of State, Proclamations of the
Governor of New South Wales and the Lieutenant-Governor of
New Zealand, an Act of the Colony of New South Wales, and
Ordinances and Acts of the Colony of New Zealand it was in effect
provided that titles to land in New Zealand should not be
recognized which did not proceed from or were not or should not
be allowed by Her Majesty :

And whereas by the Land Claims Ordinance of 1841, Session 1,
No. 2, it was enacted and ordained, amongst other things, that the
sole and absolute right of pre-emption from the aboriginal inhabitants
of the Colony of New Zealand vested in and could only be exercised
by Her Majesty, Her heirs, and successors, and that all titles to land
in the said Colony of New Zealand which were held or claimed by
virtue of purchases, or pretended purchases, gifts, or pretended
gifts, conveyances, or pretended conveyances, leases, or pretended
leases, agreements, or other titles either mediately or immediately
from the Chiefs or other individuals or individual of the aboriginal
tribe inhabiting the said Colony and which were not or might not
thereafter be allowed by Her Majesty, Her heirs, and successors,
were and the same should be absolutely null and void :

And whereas, following upon a recital that Her Majesty had in
certain instructions been pleased to declare Her Majesty’s gracious
intention to recognize claims to land which might have been
obtained on equitable terms from the said Chiefs or aboriginal
inhabitants or inhabitant of the said Colony of New Zealand and
which might not be prejudicial to the present or prospective interests
of such of Her Majesty’s subjects who had already resorted or who
might thereafter resort to and settle in the said Colony, power was
conferred on the Governor to appoint Commissioners who should have
full power and authority to hear, examine, and report on all claims to
grants of land in virtue of any of the titles aforesaid in the said
Colony of New Zealand :

And whereas by divers other Ordinances and Acts of the General
Assembly further provision was from time to time made in the
premises :

And whereas by Proclamations of the Governor bearing date
respectively the twenty-sixth day of March, one thousand eight
hundred and forty-four, and the tenth day of October, one thousand
eight hundred and forty-four, Her Majesty’s sole and absolute right
of pre-emption from the said aboriginal inhabitants was or purported
to be waived to the extent therein appearing :

And whereas under divers of the enactments aforesaid
Commissioners were appointed to examine into and report on the
land claims, whether arising out of dealings with the aboriginal
inhabitants of the Colony prior to the establishment of British
sovereignty or since that period with the sanction of the Govern-
ment or under the Proclamations aforesaid :

And whereas, in accordance with the recommendations of the
aforesaid Commissioners, grants of land were made and issued out
of lands which had been the subject of such dealings as aforesaid
(whether prior to the establishment of British sovereignty or
thereafter), and by reason of the limitations imposed by certain
of the Ordinances and Acts hereinbefore referred to, parts only of
certain areas the subject of the said dealings were granted by the
Crown to the land claimants, the remaining parts of such areas
(hereinafter referred to as surplus lands) remaining demesne lands
of the Crown :

And whereas in and by petitions to Parliament and otherwise
members of the Maori race have from time to time claimed and
contended that the surplus lands should have reverted to the
members of that race who would but for the purchases, gifts, con-
veyances, or other agreements aforesaid have been the owners
thereof according to their customs and usages or to their successors
by Native title :

And whereas the Government has not admitted such claims
and contentions as aforesaid but is desirous that the members of
the Maori race so claiming and contending should be afforded an
opportunity of pleading and proving the justice and merit of their
claims and contentions to the end that if those claims and
contentions are well founded in equity and good conscience the
General Assembly may be enabled to consider what relief (if any)
should be accorded or granted to them :

Now know ye that We, reposing trust and confidence in your
impartiality, knowledge, and ability, do hereby nominate,
constitute, and appoint you, the said

Sir Michael Myers,
Hanara Tangiawha Reedy, and
Albert Moeller Samuel

to be a Commission—

(a) To inquire in a general way into the transactions by reason
of which certain parcels of land, being demesne lands of the Crown,
became surplus lands as aforesaid, and particularly into any specific
transactions the terms of which may be brought before you by any
person interested, including transactions relating to the lands referred
to in the Schedule hereto, and to report whether, having regard to
the circumstances in which the lands of which the surplus lands
formed part were originally alienated or disposed of by the aboriginal
owners thereof, the surplus lands or any part thereof ought in equity
and good conscience to have been or be returned to or vested in
the former aboriginal owners thereof or have been and be regarded
as Native land.

(b) If it be reported that the surplus lands or any part thereof
ought in equity and good conscience to have been so returned or
vested or so regarded, then to recommend what compensation in
money or money’s worth should now be granted to the representa-
tives or descendants of the aboriginal owners, parties to such original
alienation or disposition as aforesaid.

(c) To inquire into and report upon the claims and allegations
made in the petitions referred to in the Schedule hereto so far as
such claims and allegations are not covered by the preceding para-
graphs of this order of reference, and to recommend what relief (if
any) should be accorded in respect of the prayers of the several
petitions.

And in any case where you shall see fit to recommend that
compensation in money or money’s worth should in equity and good
conscience be granted in respect to any of the matters confided to
you by these Presents, you shall further report for whose benefit—
that is to say, whether that of any particular person, hapu, tribe,
or other group or class of persons—the amount of such compensation
should be appropriated and applied :

And we do hereby appoint you, the said

Sir Michael Myers,

to be Chairman of the said Commission :

And for the better enabling you to carry these Presents into
effect, you are hereby authorized and empowered to make and
conduct any inquiry under these Presents at such times and places
as you deem expedient, with power to adjourn from time to time
and place to place as you think fit, and so that these Presents shall
continue in force, and the inquiry may at any time and place be
resumed although not regularly adjourned from time to time or
from place to place :

And you are hereby strictly charged and directed that you shall
not at any time publish or otherwise disclose save to His Excellency
the Governor-General, in pursuance of these Presents or by His
Excellency’s direction, the contents of any report so made or to
be made by you or any evidence or information obtained by you
in the exercise of the powers hereby conferred upon you except such
evidence or information as is received in the course of a sitting
open to the public :

And you are hereby authorized to report your proceedings and
findings under this Our Commission from time to time if you shall
judge it expedient so to do :

And, using all due diligence, you are required to report to His
Excellency the Governor-General in writing under your hands not
later than the thirty-first day of March, one thousand nine hundred
and forty-seven, your findings and opinions on the matters afore-
said, together with such recommendations as you think fit to make
in respect thereof :

And, lastly, it is hereby declared that these Presents are issued
under the authority of the Letters Patent of His late Majesty dated
the eleventh day of May, one thousand nine hundred and seventeen,
and under the authority of and subject to the provisions of the
Commissions of Inquiry Act, 1908, and with the advice and consent
of the Executive Council of the Dominion of New Zealand.

SCHEDULE

(1) Petition No. 120 of 1923, of Heta Kiriwi and others, con-
cerning the Aurere Block. (File N.D. 1924/439.)

(2) Petition No. 180 of 1924, of Hare Popata and another,
concerning the Pukewhau Block. (File N.D. 1925/314.)

(3) Petition No. 183 of 1924, of Keita te Ahere, concerning the
Whakaangi Block. (File N.D. 1925/307.)

(4) Petition No. 143 of 1925, of Riri N. Kawiti and others,
concerning the Opua Block. (File N.D. 1925/365.)

(5) Petition No. 24 of 1938, of Kipa Roera, concerning the
Manawaora Block. (File N.D. 5/13/58.)

(6) Petition No. 97 of 1938, of George Marriner and others,
concerning the Tapuae and Motukarara Blocks. (File N.D.
5/13/125.)

In witness whereof We have caused this Our Commission to
be issued and the Seal of Our Dominion of New Zealand to be
hereunto affixed at Wellington, this fifth day of October, in the year
of our Lord one thousand nine hundred and forty-six, and in the
tenth year of Our Reign.

Witness Our Trusty and Well-beloved Sir Bernard Cyril
Freyberg, on whom has been conferred the Victoria
Cross, Knight Grand Cross of the Most Distinguished
Order of Saint Michael and Saint George, Knight
Commander of the Most Honourable Order of the
Bath, Knight Commander of the Most Excellent Order
of the British Empire, Companion of the Distinguished
Service Order, Lieutenant-General in His Majesty’s
Army, Governor-General and Commander-in-Chief in
and over Our Dominion of New Zealand and its
Dependencies, acting by and with the advice and
consent of the Executive Council of the said Dominion.

[L.S.]

B. C. FREYBERG, Governor-General.

By His Excellency’s Command—

P. FRASER, Prime Minister.

Approved in Council—

W. O. HARVEY,
Clerk of the Executive Council.