SUPREME COURT.

Dominion, Volume 6, Issue 1860, 20 September 1913, Page 5

SUPREME COURT.

MAORI LAND LEASE,

FRASERTOWN, POVERTY BAY. > Yesterday was a busy day at the Wellington-. Supreme Court, sittings being hold by three Judges in separate Courts. i Sitting in Banco, yesterday, his Honour Mr. Justice Edwards considered an originating summons brought by To Wata Tannoa and .eight other Natives of , Poverty Bay, against Tom Davey, farmer, of Fraserton. tho Tairawhiti Maori Land Board, Gisborne, and the RegistraT-General, ■under the Laud Transfer Act, IDO3-. Tho plaintiffs applied for an order definiug their rights to tho possession of tho land known as Pakowhai (No. 2359), of 562 acres, at Wairoa, Hawke's Bay, which/was tho subject of a grant from the Crown, dated July 13, 1871, recorded in tho registij at Gisborne; and to define the validity or invalidity of the leaso oif 47 acres of such land by tho board to the defenda-nt Davey. This lease, the plaintiffs contended, was not binding on them. The following questions were submitted to tho Court: What is tho legal effect of a lease made by a Maori Land Board under Part 18 of tho Native Land Act, 1909 (as regards "assembled owners"), and ' registered uuder the Land Transfer Act, when tho registered proprietors—tho original grantees—were only ten in number, and no transmission in respect of successors, to deceased grantees . had been registered? Assuming that at tho date of tho registration of tho leaso eight of tho ten grantees were dead, what was tho effect of tho -registration on the two surviving grantees, one of whom objected throughout to the proposed lease ? What are the rights, with regard to the land, of successors appointed by tho Native Land Court, but in respect of whoso interests no transmissions have yet been registered under tho Land- Transfer Act, and who objected throughout to the proposed leaso? ■ Mr. G. Hutoliison, of Gisborne, appeared for tho plaintiffs, and Mr. C. P. Skerrett, K.C., with him Mr. Samuel, for tho defendants. After argument his Honour said that he could not seo his way to proceed with the matter; he would never proceed in such a case without all the parties being effectually represented. It was. desirable, however, if the parties came 'to an agreement, to get the sunt properly constituted as a class suit, to be settled by a special case. That would bo the cheapest and most effective way. Air. Skerrett applied for costs of tho preliminary objection, and was granted £10 10s.