NATIVE LAND TITLES

Gisborne Times, Volume VI, Issue 196, 26 August 1901, Page 2

NATIVE LAND TITLES

AN IMPORTANT DECISION

By Telegraph—Press Association. Auckland, last night.

Mr Justice Conolly gave an important decision affecting native lands in the case Putaka No. 1 A and B. A lease was granted to Alex. Muir, junr., and presented to the Native Land Court for confirmation. The Court refused to confirm on the ground that the land was inalienable by section 117 of the Native Land Court Act, 1894. Against this decision an appeal was made, and it was argued before Judge Conolly, the ground of the appeal being that the land w'as granted nndcr the New Zealand Settlement Act, and was exempt from the operation of section 117 of the Native Land Court Act. Authorities were quoted to show that the word “ purchase ” in the legal meaning included every other method of acquiring land except inheritance. His Honor held that the term “ purchase ” should be interpreted in a more restricted sense than legal definition, but as the land was granted under the New Zealand Settlements Act, and purported to bo for good consideration, the land in question was acquired by purchase, and he would report accordingly to the Native Land Court. The decision affects a large area in the Waikato, whore the bulk of the lands within the confiscated area are hold by natives under settlements granted, and therefore, in the terms of this decision, can bo dealt with by lease or sale, notwithstanding the restrictions of the Native Land Court Act, 1894.