CHEQUERED HISTORY.

Dominion, Volume 4, Issue 1140, 30 May 1911, Page 4

CHEQUERED HISTORY.

4 A CELEBRATED MAORI LAND CASE. (By Telegraph.-SDocial Correspondents Auckland, May 29. Iu March last at Tauniarunui the Nativo Appellato Court, consisting of Judges .MacCormick and Pawsou, sat to, it is presumed, finally decide the ownership of tho Pnkuweka Block. The caso itself is an excellent illustration of tho law's delays as applied to Native laud titles. The block, which contains about ■1000 acres, and is situato near Tauniarunui, is chiefly valuablo by reason of the extremely important totara bush upon it, which bush is being worked by the Pukuweka Sawmills, Ltd., and in respect of which royalty money payable to the Natives has accumulated to the amount of several thousands of pounds. Tho investigation of title was in the first place conducted by Judge Gudgeon in 1807, when jiart of the land was awarded to tho Whangamii tribes and part to tho Xgatimaniapoio. Tho Whanganui tribe appealed and a Native Appellate Court, consisting of Judges Scannoll and Mair, in 1900, reversed the former decision and awarded tho whole to the Whanganui people. This decision according to the then existing law was final, but the unsuccessful claimants were by no means beaten, and the next move was a petition to Parliament for reinvestigation. The result of this was a Royal Commission appointed by statute in 1901 which, after necessarily somewhat perfunctory inquiry, reported that, as in its opinion sufficient importance had not been given by tho Native Appellate Court to an alleged tribal boundary between tho two contending tribes a further investigation was necessary. Then followed special legislation by an Act of 1906 authorising the Native Land Court to further inquire into tho matter, and if thought fit to cancel all previous orders and make fresh orders ot title. This Court (Judge Gilfeddcr) sat in 1907, and after hearing addresses of counsel, followed the opinion of the Royal Commission, aud by interlocutory order adjudged that by the ancient tribal boundary the Whanganui, who up to that time were the owners in law, were entirely excluded. Mr. Earl, on behalf of tho Whnngauui tribe, appealed, and this appeal was upheld, by Judges Scth Smith and MacCormick, as an Appellate Court sitting in 1908. Tho Native Land Court, in 1909, again sat to determine the rights of tho parties, Judge Holland presiding, when tho Whanganui tribe were restored as owners of the whole block. Again there was an appeal aud tho Native Appellate Court sat as above to, it is hoped, finally conclude tho matter. A strong bar was engaged, Mr. C. B. Morison (Wellington) appeared lor ono branch of tho appellants the Ngatituwharetoa; Mr. Percy Ilhhiwin (Palmerston) with l'cpcno Ekotono for nnother branch of the appellants, tho Ngalimaniapoto; nnd Mr. Ered Earl, with Mr. Thorp for the respondents, the Whanganui tribes. The hearing lasted a full week and judgment was reserved, At Eotorua, on the 25th inst., tho judgment was delivered. After tracing the chequered history of this causo celehre it determines that tho appellants havo not made out their caso and affirms tho original judgment of the Native Appellato Court in favour of tho respondents, tho Whanganui people, represented by Mr. Earl, and Mr. Thorp, who are accordingly awaded the whole of tho land and accrued royalties. Costs were also allowed to the respondents.