ENGLISH LAW & MAORI CUSTOMS.

Dominion, Volume 4, Issue 1092, 3 April 1911, Page 2

ENGLISH LAW & MAORI CUSTOMS.

SOME INTERESTING EVIDENCE, CLAIM FOR COMPENSATION, (By Teleerapli.-Spccial Correspondent.) Auckland, April 1. A curious question in regard to Nativ* customs and their legality under the Workers' Compensation Act has como before the Arbitration Court. The plaintiff? in (ho case were a Native woman named Wai Keretu (tho widow of n Native named Tiaki), and her father-in-law, llcrewini Waala. The defendants were Messrs. Rich and Roche, contractors, and the Whakatano County Council. Tho fads were that Tiaki, who was about 21 years of nge, was employed by Messrs. Rich and Koclie as a labourer, and was engaged in the erection of a bridge over the Whakatane River, on (ho road to Rotorua, which was being built for the defendant council. While so enRaged on July (>, 1910, he was killed by a l'eiTo-concreto arch falling on him. His widow, being solely dependent upon him, claimed tho sum of ~£2OO as compensation and ,£SO for the funeral expenses. Hoiewini Waata, a full-blooded Maori, residing at Poroporo, near Whakatane, was the only witness examined. He said ho was married in 1883, according to Nativo custom. The chiefs and the members of the tribe assembled, and he and his wife were joined "for ever." This was the form of tho Native marriage ceremony. If after this marriage one or other of the contracting parties was guilty of misconduct, a "taua," or raid, was made upon that person's property, nnd.satisfaction was obtained in money, goods, or greenstone, sometimes to the value of XIOO. "This," said the witness, "is the truo marriage custom amongst the Maoris, and 1 remained with'my wife until tho time of her death." They bad three children, nnd one of them, Tiaki Herewini, was killed in .Tiil.y last, when lie was 21 years of age. Wai Keretu, tho plaintiff, came from Matata to Poroporo in 18i)S. Before that her first husband had left lier and witness's son, when he was living at Matata, was suspected of misconduct with her, and the Natives made a "tana" on AVai Kerolu. When Tiaki heard that the peoplo were talking, about him and his relations with 'Wai Keretu, he left Matata, and came to Poroporo, witness's place, and then about fifty of the relatives of AVai Kevetu's first husband (Tira) followed him, and made a raid on him there. M tho Poroporo "taua" Tira's people took payment ("utu") in the form of a greenstone "mere," greenstone ear ornaments, a whalebone weapon, and about twenty head of cattle and horses, worth in all over J3IOO, and then there was a formal renunciation of AVai Korctu by her first husband. According to Maori customs, this "taua" was equivalent to a format divorce. Had tho raid not been made, tho first husband would have continued to have a claim upon his wife for "utu," and if she again misconducted herself a, raid conld be made, but when a "taua" was niado the offence was wiped out. It was in all respects tantamount to a dissolution of marriage. In this case, after the, renunciation of Wai Keretu by Tira, sho was- married according to Maori custom to Tiaki Ilerewini. About two week? elapsed between the taua and the second marriage. Had Tiaki lived he had intended to be married to Wai Keretu legally by a clergyman, jDiit that was because his father (the witness) had been converted to Christianity, and had become a lay preacher. On the death of his son, a "tangi" ,was lield, and about ,£IOO in cash was spent. Mr. Justice Sim, in announcing Hie judgment, of the Court, said that the Court took (he view that neither tho v".fe nor the father were dependents of tho deceased under the Act, but (here was n : question as to tho funeral expenses which were inclined in connection with the "tangi." Jf the father had been a dependent, he would have, been entitled to recover compensation as well as thn funeral expenses, but plaintiffs had failed to prove that either of them was a dependent within the meaning of the Act. Wai Keretu could only succeed by proving that she was lawfully married to tho deceased. . The evidence showed that tho only marriage that took place was one according to Maori custom, and tho authorities laid it down that such a marriage could not be recognised by the Supreme Court, nor by the Arbitration Court, and before it could be treated as a valid marriage the dissolution of llm marriage with the oilier Native would' have to be shown. Wai Keretu was not . the deceased's widow, and was not entitled to claim compensation. With regard, to the father, liis mnrriapc with deceased's mother was also according to Native custom, aiid the issue of (he marriage was therefore illegitimate, and m such case the father was not entitled to compensation. Judgment was entered for the defendants in each case, with jKS ss. costs.