LAW REPORTS

Dominion, Volume 8, Issue 2413, 19 March 1915, Page 3

LAW REPORTS

SUPREME COURT

I A NATIVE LAND CASE In the Supreme Court yesterday his • Honour Mr. Justice Chapman heard a special case stated by the Ikaroa Maori Land Board under Section 90, Sub-sec-tiou 3, of the Native Land Amendment Act, 1913. This provides, inter alia, that, in cases where Native land has already been leased to tenants and there is no provision for compensation for | improvements, the Native Land Court | may refuse to confirm any alienation ■ to a purchaser other than the existing (tenant, if the latter is prepared to pay the same price as the other purchaser is willing to pay. The case was stated consequent upon an application to confirm the transfer of a section known as Himitangi 4B from -Teatua Benata to E. Chapman, and the transfer of part: of a section known as Himitangi 4C from Teatua Renata to Percy Edward Baldwin. The original lessees of the land (James Barber. Edward Barber, and Henry Barber) held the lease for a period of 21 years, as tenants in common and there was no provision in their lease for compensation for improvements. The three lessees were now deaa, and as their leaso had been obtained in 1894 it waß due for renewal, The beneficiaries of the three deceased lessees opposed the application to confirm the transfers to E. Chapman and P. E. Baldwin, and the main question tho Court was asked ' to decide was: Whether the beneficiaries were entitled to, the benefits conferred by. Scction 90, Sub-section 3, of the Native Land Amendment Act, 1913? Mr. C. P. Skerrett, KC., with him * Mr. M. F. Luckie, appeared for the _ beneficiaries under the will of the la to James Barber; Mr. H. D. Bell, K. 0., with him 'Mr. P. E. Baldwin,"of Palmerston North, appeared for the applicants for .confirmation of the transfer. After hearing legal argument, his Honour reserved deoision.