SUPREME COURT.

Dominion, Volume 6, Issue 1742, 6 May 1913, Page 3

SUPREME COURT.

CASE OVER MAOIU LAND. Questions regarding the ownership of n block of Native land, known as "Slangatainoka 1 B.C. No. came fceiore a J.'uil Bench of the Supreme Court in October last, in.the form ci a ca.-e stated by the Native Appellate Court under Section 59 of the Native X,and Court Act, 1000. The Bench was occupied at the hearing by tho Cluef Justice (.Sir Robert Stout), Air. Justice Williams, Mr. Justice Edwards, Mr. Justice C taper, and Mr. Jnstice Chapman. Decision was delivered yesterday. Incidents connected with the cose extended as far back as February 10, 1575, when the Native. .Land Court commenced the partition of 1710 acres of land in the Wairarapa district, known as "Mangatainoka No. 1 II." On June 'J, 1837, 71)0 acres 3 roods 2 perches were set aside under the name of "Mangatainoka 1 B.C. No. 2," and, declared to be owned by certain owners of whom Iluru te Iliaro was one. Subsequently various partition orders were made, until, in ISBB, "Mangalainoka 1 B.C. No. 2" was left with an area of 728 acres 2 roods 12 porches. This was the block with which the Court was concerned. It was declared to be held by live owners, of whom Iluru 1c iliaro was one. On tho death of the latter on June 21, 1801, complications aro.-e over tho will, and the matter drifted through tho Native Laud Court in various stages until finally in 1011 (on an appeal of the Public Trustee) the Native Appellate Court stated a case lor the opinion of I In; Supremo Court, and Ike case was taken before a Full Bench. At Ihe hearing, Mr. 11. 1). Bell, K.C., with him Mr. 11. F. Aj>on, appeared for the Public Trustee (executor of the will of Karepa Wan fa, one. of tile, devisees oi the interest of Hum to Iliaro). Si]' John Findlay, K.C., with him Mr. I). M. Findlay, appeared for the Public Trustee, (trustee for tho infant children of lleiaviki Malao, an interested parly). Mr. P. E. Baldwin, of I'almerstou North, appeared for Maihi Hangina, another in-tere-h-'l party, while Mr. 11. H. o>tler. ot the Crown law Ollice, appeared for the Rcgi-trer-liencral of Lands. Altogether some thirteen question" had bcri',l submitted to the Court. The Chief Justice, in answering these yesterday, held that tho Native Land Couri had not jurisdiction to inquire and determine as to the validity of cu'tain orders or as to whether those orders recorded the. decision of tho Native Land Court that made them. Nor had the Native Land Court jurisdiction to inquire as to the validity of alterations made in the register by the District Land Registrar. His Honour held, on the other hand, that the Registrar had power to make these alterations, which operated from a dale specified. -Ur. Justice William?, Air. Justice Cooper, and Air. Justice Chapman eoncut red, but Mr. Juivice Edwards dissented.