NATIVE LAND CASE.

Gisborne Times, Volume VII, Issue 418, 17 May 1902, Page 3

NATIVE LAND CASE.

LITIGATION AFTER £37,000 IS SPENT IN IMPROVEMENTS.

[By Telegrapn—Press Association.] Napier, last night.

At the Supreme Court to-day, an action was brought by Turei Waata and others against John Hunter Brown and another, to have set aside a certificate of title, and

for tho recovery of certain blocks of land, known as Tukcmokihi, Nos. 1 and 2. Mr Baldwin appeared for the plaintiffs ; Mr H. D. Bell for the defendant Brown, Mr P. A. McLean for tho defendant mortgagees. Mr Baldwin, in opening, said that this case was similar to the last. The land in dispute was Native land, and that the Native Land Court, acting on tho consent of the Natives, issued an order to ten Natives without investigation. Thore were many other Natives with equal rights, including, among others, the plaintiffs. There was in this case the further point that with regard to some shares Mr Brown did not purebaso direct from the Natives, but from Mr George Burton. Mr Brown, subsequent to the purchase, put tho land under the Land Transfer Act, and was the original holder of the certificate, so that he had no higher title than ho had previously. There was a further point that there were certain mortgages on the title. He found himself unable to admit tho validity of tho mortgages. He submitted that, although registered under the Act, they wore null.

Evidence was adduced to show that when the Court sat to consider the ques-

tion of title, and to issue the certificate, there were many natives living on tho land who were not included as owners. A dispute arose in tho Court regarding, a portion of the block, a native named Tiopira claiming a part of about 280 acres, and this was by consent allowed to him. The Court had decided that one person was to bo selected from each hapu, and these were to act as trustees for the owners generally. The selection was made known to the people generally before the names wore handed to the Court, and the tribes agreed to the names after the Court sat. The land was leased to Geo. Burton, the natives continuing to cultivate the land after the lease without objection from Burton. Subsequently Mr Petrie succeeded Burton in the leasehold, the natives remaining on the land until it was sold to Mr Brown. When the sale • took place objection was taken to it by some of tho natives, and letters woro sent by the tribe to the Chief Judge, Mr Fenton, in July, 1873, in which it was pointed out that four of the writers were outside of the Crown grant, and asking for redress, to return them a portion of the land, as they were grieved about it, having received no monoy. On the last witness for the plaintiff being the right was given to call him later on, His Honor suggesting that Counsel might at this stage consider whether it would not bo wise to get 'the opinion of the Native Land Court on tho questions of native oustoms raised before argument was taken. This opinion could be got in a week’s time from the Chief Judge. _ ~Mr Bell submitted that they were entitled to have all the evidence taken first.

His Honor: I only did it to expedite matters.

Mr Bell: So far as tho material that is before this Court, I think there is ample on which the Court can determine.

For the defence, John Hunter Brown deposed that ho had bought what was called the Whakaki run from Mr Petre, M.L.C., and Mr Josoph Palmer, of the Union Bank, which included the Tukemokihi blocks, and ho also bought out the shares of the natives who had previously not parted with their rights in No. 1 and 2 blocks. He had never heard of any person having a better right to this property than himself until this claim was made. He had spent something like £37,000 in improvements on the property. The case will be continued to-morrow.