LAW REPORTS.

Dominion, Volume 5, Issue 1257, 12 October 1911, Page 3

LAW REPORTS.

THE COURT OF APPEAL KOPAATUAKI BLOCK. AND TITE NATIVE LAND ACT. Tlio Court of Appeal was occupied yesterday morning in hearing an appeal by the District Land Kcgistrar, Uisbornc, against a decision of the Supreme Court delivered at Wellington on August II last. The Bench wis occupied by Sir Joshua Williams. Mr. Justice Denuiston, and Mr. Justice Sim. This was a case concerning tho transI'er of the lease of a Week uf Maoriland, and was heard in the Supreme Court before the Chief Justice (Sir Ilobert Stout) and Justices Edwards and Chaj> man. The laud is known as Kopaatuaki No. 2 Block, in tlio Gisborne district, iuid tho paw originated in a summons to the District Land Kegistrar at Gisborne to show cause why he should not register a transfer of the leasehold interest of Jtobt. Henry Oldfield, sheepfarmer, of Tologn Bay, in (lie Kopaatuaki Block, of 1406 acres, in favour cf Norman Maefnrlano Fulton, sheepfarmer. of Gishorne. The Kegistrar declined to register the transfer, on the ground that by Section 103 of the Native. Land Act of ICO9, the transferee- was prevented from acquiring the land bccausa it was second-class Native freehold, and exceeded in area the maximum amount (12.000 acres) which any person was ]>erni it ted to acquire. Mr. C. B. Morison appeared in support of tho application, which was npp:>-rd by the Solicitor-General (Mr. J. AY. Salmond). Mr. Morison contended that the transaction was not within Section 10.1 of tho Act, because it was ail assignment of tho lessee's interest. The Solicitor-General contended that tlip transaction was within tho scope of the section because the word "lessee" in the section meant the holder of a leasehold interest and included tho assignee of a lease. Section 193 of the Act referred to reads:—"(l) It shall not be lawful for auv person to acquire any Native freehold land as the beneficial owner, lessee, or sub-lessee thereof, whether fit law or inequity, and whether solely or jointly or in common with any other person, if the land so acquired by him, together with all other land (whether Native, European, or Crown land) held by hiiu as tho beneficial owner, lessee, or sub-lessee thereof, whether at law or in equity, and whether solely or jointly, or in common with any other person, exceeds a'total area of *."01)0 acres calculated in manner hereinafter provided in this part of the Act. "(2) In this part of this Act the term 'beneficial owner' includes (though not to the exclusion of any porson entitle-.1" in remainder) a per-t-oil bDiisficially entitled at for "life, or as ow/er of a.'.iy other freehold estate or interest less than the fee simple "(3) Nothing in this section shall apply to the acquisition of any interest in Native land under a will, or by way of intestate succession." Derision was reserved, and on August 11 Mr. Justice Edwards, in the course of a lengthy judgment, expressed tho opinion that there should be an order to the, District Land "Registrar to register tho transfer. In' his Honour's opinion, Section 18!) means (and .should be read as moaning): "It shall not be lawful for any person to acquire from any Native any freehold land as tho beneficial owner, lessee, or sub-losses thereof," etc. His Honour ordered the costs of tho applicant, 30 guineas,, and disbursements to l>e paid out. of the assurance fund. Mr. Justice Chapman concurred in this judgment. The Chief Justice dissented, and considered that the appeal should have teen dismiss:d. Plaintiff thus won on tho majority decision, against which the District Land, Registrar now appealed. The Solicitor-General (Mr. J. W. Salmond) appeared for the appellant, and Mr. C. B. Morison, with liini Mr. J. W. Nolan, of Gisborne, for the respondent. Argument occupied until nearly i [i'clock yesterday afternoon, when decision was: reserved, and. tho Court adjourned until this morning.