COMPENSATION COURT.

Gisborne Times, Volume IX, Issue 917, 16 June 1903, Page 3

COMPENSATION COURT.

(Bofore His Honor Judge Mair.)

At tho Compensation Court yesterday argument by counsel was heard in the case in connection with tho Wai-o hiharoro lund. Mr E. J. Ciirisp said the taking of the land was perfectly lawful, and the only question wus one of value. The valuations of the local bodies ranged from £6 10s to £4 10s, and tho opposition evidence ranged from £3O to £lO. Tho native witnesses’ prico of £l2O, and £IOO extra was not to bo takon seriously. Counsel contended that the time for tho Court to ussess the value of the laud was April, 1902. Tho portion of tho laud near the beach was absolute sand, and no sane person would think of acquiring such land for building purposes. Tho land along the road would havo to bo sold in one or two acre sections to bo suitable for building. There wus plenty of other lund along the boach available for building purposes if required. There wus also a good road to tho Wainui Beach, and Mr Win. Cooper and other owners would be glad to out up

their properties if necessary. Mr DeLautour said that it was for His Honor lu draw the mean between the extremes of evidence. The CJounly Council wished the Natives to liavc a tuir vulue fur thr.ir property, but they also thought it right Ihoy should got it at its market value in April, 1992, and riot what Captain

Tucker and others would have given lor it now. II tho Court had been told what Captain Tucker would Itave given for the

land in April, 1902, it would have been of value. Tho Natives were entitled to fuli muvkot value for their land, and also a little more, as it was taken against their will, but that “ little more ” wus not to bo exaggerated into tho prospective value it might have in a number of years’ time. Evidenco for tho Natives as to tho value in April, 1902, was remarkably little, while strong ovideuce bod been given for the Councils. For tho Natives the disinterested evidence of Mr Simson, Government Valuer, was most worthy of consideration. Tho withdrawal of the Wai-o-hi-baroro land from tho markot by tho Borough Council made for the success of tho sale of Victoria sections, as it withdrew land that might in future have competed with Victoria. This sale of Victoria should not thus be allowed to enhance tho valuo of tho land taken.

Mr W. L. Itoos, for tho natives, said tho only principle to which ho would refer wus tho depreciation of tho land through taking adjoining land for a nightsoil depot. The Borough Council had token tho land for a depot, and they Bhould not profit by it. He pointod out tho object of the Native Land Court in dealing with tho case. It wus not like tho ordinary Compensation Court, but had to stand between the natives, who wero not willing to sell, and the local bodies, who would like to take tho land. Land taken for public purposos from a Europoan was taken from an individual, in which case tho claim to take it wus stronger, but land owned by 340 persons could not bo classed in the same category. This land had been purposely set aside for tho natives’ use. Under tho ordinary Compensation Court tho valuation wus assessed after the proceedings hud terminated.

Continuing, Mr Reos pointed out that ;ho Act provided that tho application for

the land must be made six months before or tho right would lapse, and that it was cloar that the value was to be fixed by the Compensation Court at the time the land was required. The commercial value was laid down definitely by Mr Simson and other witnesses. For some purposes ho udmitted the land was not worth more than £4 or .£O. It was worth tho value placed upon it if within easy access to the town or for holding stock for freezing works. No thought of tho commercial value of the land was given b,y the local bodius, a 3 their evidence plainly showed, Mr Wyllie bad valued the land for its purposes as a cemetery and abattoirs. Colonel Porter had offered Mrs Carroll £3 18s for Victoria. Mrs Carroll had taken other advice, and the land was afterwards cut up in ! acre sections and sold at from £2lO to £2BO per acre. Mr Matthews had received £2OO an acre from the Court. Tho Crown and public bodies assessed the land at a few pounds, the Court and the public at as many hundreds. The evidence given by witnesses showed that they had not changed with the times, The Gisborne township had beon bought at £2 per acre from the natives, and land had since been sold on Road’s Quay for £12,000 per aero. The action of tho local bodies in placing their abattoirs and cemetery on the only land on the sea beach, he said, was a suicidial thing, ridiculous and criminal. Mr DoLautour: They have acted foolishly. Mr Rees said that when the place became thickly populated and tho westorly winds blew over the depot, tho people would petition the Council to have it removed. Thon the Council would reap the bonefit. They would cut the land up into sections and make thousands of pounds. In five years the people would refuse to have the nightsoil, abattoirs, and cemetory on the Waikanae. Thoy would then go back into the hills, and make money outjof Victoria. Dr. DeLisle and the health authorities would opposo the laud being taken for such purposes. The land on the other side was a swamp and below the sea level. No Court would allow the land to be sold for a moro song. He did not suppose the Natives had any particular regard in conferring a benefit on tho local bodies. After roads had been made there was no doubt that these sections would bring half tho prices obtained for Victoria. Land at Makauri was worth from £2O to | £3O for agricultural purposes, and land in town had its value for othor purposes. If tho land had been cut up at tho same time as Victoria it was a fair inferonco that it would have brought half the price of the latter. Mr Simson had stated he valued tho block of 360 acres at £lO por acre nine months ago. He would be influenced by tho sale of Victoria. Tho swamp and bad land was ineludod in the valuation. Mr Wi Pore thought the valuations were not conscientious ones. He thought they were influenced by ill-feeling against the Natives. He mado the land reserve for his people according to the law. It would bo a bad place for abattoirs, because the dust and sand would interfere with tho moat. The European had always had his eyes opon. On account of tho” unjust values he would not agree to give tho land ovor. Tho Natives had derived many benefits from tho land. If tho Council got tho land at their valuation in a few years they would not have to go away to borrow monoy owing to its enhaftced value. They would bo able to add considerably to their banking account. Mr Rees said that owing to the strong fcoiing prevailing it would be impossible to give a judgment to please either side. Whatever way the judgment wont ono or the other would appeal. His Honor said that judgment would not ho given until tho railway cases were hoard.