WEST COAST LEASES

Dominion, Volume 11, Issue 263, 25 July 1918, Page 10

WEST COAST LEASES

IMPO'RTA'NT JUDGMENT. In the Supreme Court yesterday, before His Honour Mr. Justice Chapman, a question■ under the West Coast Settloineiit Act, 1913, wns argued. The parties io the suit wore Cecil John ITawkon, former, Hawera. lessee of the nronerly, Okotare, granted by the Public Trustee; and Amy Katherinc Mercer, Ipsvpc of the lands known as Run n le Moko and Oknhn, ncninst tho Public Trustee. Both, plaintiffs applied for "a declaratory order- determining the construction of the lenses and determining the rights of the lessees under Ihr. exnress terms thereof or for such order as in Hie circumstances might be'just. Mr. C. B. Morison. K.C., with him Mr. V. 7). Welsh, of Hawera, appeared for the two plaintiffs, and Mr. M. Myers, with him Mr. E. P. Hfty, for.the Public Trustee.

Mr. Morison, in opening, slated that it wns a friendly action ngninst the Public Trustee, because a doubt bad been raised ns to his power to grant f.ertain leases under tho Coast Settleiniyit Reserves Act. 1913, for a period of len years. The question-had been Taised ns to the Public Trustee's power to renew. The plaintiffs were aslcinj for a formal ordeyof the Court,' declaring lliat tba Public Trustee linrt lite, power to,grant the leases under tho Act of 1913. Tbo whole thins; was purely statutory. The existing lonsi's wove registered under the Land Transfer Act, under which* the plainfilfs could claim the right of perpetual renewal for '30-yoar periods, but it was decided to defer argument on fhis point, and to lake it nnly in tho event of a satisfactory solution of the position not being reached under the -provisions of the West Coash Settlement Reserves Act, 1913.

Hfr. Myers said that th&-cases of the leases came wilhin the provisions of the Act of 11)13. It wns important to the ■Natives as a matter of compromise Hint the Act should apply, and it was nl.=o important lo tho lessees., The originating summons asks for n declaration of I lie rights of the leasecs and the lessees claim thai: they.wore entitled tn a lense for [en years under tho Act of 191.1, or Hint, 'Iheir jonws being registered under the T.nud Transfer Act', they were- entitldl to a iii'rpef.ual renewable "lease. Tf Ihat contention were sound tlie Natives would never got buck their land. The. iiifenrinn of the Act of 1913 wa.s that Ibe Nnlivoi should ?et back their land and * orient their own salvation. He conlendi'd that the lessees bad not the right lo perpetually renewable leases. Mr.-Myers then, gave a history of the West Codhl: lenses, and the pnssiiig of the lir-t AW:t Const' Preserves Setllenient Act in'lSS;!, and the subsequent amending Acts. His Honour held thnt tho Public Trustee ha\l power lo grant lenses under Iho Act of 1313, and that plninliffs were ontitled to mifh lonsw.