SUPREME COURT.

Dominion, Volume 6, Issue 1626, 18 December 1912, Page 4

SUPREME COURT.

(Before.his Honour Mr. Justice Sim.)

PdAORI DEALS IN MAORI LAND,

QUASH THE TRANSFER?

An application for a writ of certiorari to quash'an order of confirmation/or a transier of Native land was heard in tho Supreme Court yesterday by Mr. Justice Sim. The application was mads under the Native Laud Act, 1909, and its amendments, and concerned a block of land known as Aorangi, 3G, No. 2G, and a memorandum of transfer from the Native owners, dated October IG, 1911. The transfer hod teen confirmed by an order of the Ikarca Maori Land Board, dated September 20,1912. ' • Mr. C. P. Skorrett, K.C., with Mr. P. E. Baldwin, of Palmerston North, appeared in support of the motion, which was opposed by Mr. C. B. Morison, .K.C., with Mr J. l'l. Bea'.e, of Palmerston North. An affidavit filed by Mr. P. E. Baldwin stated that, in February or March, 1912, the A'ahiation Denartment ascertained the value of the block of land to.be XlB per acre. Before this valuation was made three Natives (Ani Ratima, Te AYchc Pa hi, and Teo Rangitira, whose interest in the land was 15 acres) executed a transfer of tho land to Mr. J. B. Bealo, at a price of XlO per acre. Tho Natives executed this transfer through their trustee (Hemera Te AYhetu), and at the time they and other Native owners, who signed, wore, so the affidavit said, in ignorance of the true value. Subsequently the Natives executed a transfer to AVilliam Lawler (for whom Mr. Baldwin acted as solicitor), at a prico of XlB per acre. Mr. Baldwin wrote to the Board requesting that the transfer to Mr. Beale lie not confirmed, but that request was not acceded to.

Tlie Native owners now moved to quash tlie order of confirmation on the ground that' the Iknroa Maori Land Board had acted without jurisdiction, and on the fur-' (her grounds—(a) that the board had no jurisdiction to confirm any alienation unless the consideration is adequate; (b) that in estimating the adequacy of the consideration the Land Board shall accept the Government valuation; (c) that when the confirmation in this case was granted the value of the land was XlB per aero; (d) that tlie consideration of the transfer was only XlO per acre; (e) that the Land Board was aware of these facts, and the Natives objected' to the transfer. After hearing argument, his Honour reserved decision.