"THE FIRES GREW COLD"

Auckland Star, Volume LIX, Issue 230, 28 September 1928, Page 7

"THE FIRES GREW COLD"

AFTER FORTY YEARS.

MAORIS ALLEGE FRAUD.

IMPORTANT LAND CLAIM,

REFERENCE TO ROMAN LA AY

(Special to " Star.")

IE KUITI. this day,

The Native Land Court, presided over by Judge MacCcrmick. is to-day again engaged in hearing the claim of certain natives to an interest in the large block of 2000 acres known a« "'Kaipiha," and situated in the vicinity of Pirongia. This claim first came before the Court over a year ago, and the hearing is expected to conclude to-dav.

The claimants, for whom Mr. T. S. Withers, of Auckland, is appearing, allege that upon the original investigation of title to the block in ISSG their ancestor was fraudulently deprived of a half-interest, and that he failed to appeal against the award of the block to its present owners on account of his being a follower of the then Maori king. Tawhiao, who refused to allow his followers to attend the Native Land Courts. The present claimants took no action for many years, thus "allowing their Jives to become cold.'' and then found themselves statute-barred from appealing. Legislative authority therefore had to lx» secured before the Court could re-open the question of title. The land has become very valuable, much of it being leased to Europeans.

A very large amount of evidence has been called, and this wa> to-day summarised by Mr. Withers in addressing the Court. Mr. Withers stressed the point that this evidence had to be analysed according to the interpretation of Maori customary law as this existed not to-day, but in 18St5. when the title to the block was first investigated.

The old-time Maoris, said Mr. Withers, were similar in many respects to the ancient Romans, and in no characteristic was this similarity more marked than in the fact that both races had evolved a system of customary law—law based upon ancestral and ancient customs and usage. But the civilisation and learning of Rome brought about a modification of its Roman law, and this stage of development Maori customary law failed to reach. To its lack of codification was due the peculiar susceptibility of Maori customary law to evolution. A fixed and published civil code such as that of Justinian was by reason of its physical constitution less susceptible to constant changes than the customary law of the Maori.

The hearing of the case is proceeding.