NATIVE APPELLATE COURT.

Gisborne Times, Volume XXV, Issue 2071, 4 May 1907, Page 4

NATIVE APPELLATE COURT.

At the sitting of tho Native Appellate Court held recently at Port Awnnui boforo Judges Rnwson and Jones anno 41 appeals in connection with Block Committee reports were disposed of, nftor argument, by a test case, as follows:

Ro tho llura'kia Block: Judgment given April 23rd, 15)07—This was an appeal from an order oi tho Tai-Raw-liiti District Maori Land Council, dated 25th April, 1900, confirming a Block Committee’s report. A preliminary question has boon raised which alfocts a great number of other appeals in a similar position, and it was arranged that tho Hurakin apjieal should ho argued as a tost case. The objections raised tho quostion of tho validity of tho proceedings of the Council in confirming the reports, it being nllogod that the council, when it purported to hear the objections to tho reports, was not properly constituted, and ll it was, it did not, as it was required to do by section 19 of tho Maori Land Administration Act., 1.900, giving all parties concerned a full opportunity of being heard. According to its minute hook the Council opened its proceedings at L’ort Awanui on March Bth, 1906, there being then present tho President, Polio Heihi, and ono other European member of the Council. Tho Council remained so constituted till it completed its sitting at Port Awanui, and adjourned to Gisborne. After somo formal business on the opening day, the Council adjourned till tho next day. On March 9tli each case in the Kuliiti was called, somo boing adjourned to To Araroa. This caso was fixed to ho taken at Port Awanui on March 12th. On tho latter date a letter was received from Wi Potae, another Maori member, that he could not attend till the 21st, and suggesting that cases in which Polio Heihi might not ho interested should be proceeded with. The President pointed out that, this would retard the work of the Council, as, although Pono Heihi could, being presen form one of a' quorum ho could not vote or take active part, and the case would he called and adjourned. Tho Hurakai caso was then called, and Horomona te Opaipa, on behalf of the present appellants, objected to either Wi Potae or Pone Heihi sitting, as being interested parties. The Council then adjourned till next day. On March 13tli the President made the following announcement: “Before calling oil the case of Hurakia, the unanimous decision of the Council upon the reports and objections before it was made known to all those interested, viz., that in face of the large number of objections (some 44) before the Council, no good end could be served in hearing tho evidence, which would in the ordinary . course last for months, at groat waste of time and expense. Therefore the Council decided to confirm all tlio reports and leave the objectors recourse to appeal to tlio Chief Judge under section 11 of the Maori Land Laws Amendment Act, 1903. This course the Council consider the speediest, and to ensure finality, as it was

never contemplatacd that the time of the Council should be taken up in bearing so many, objections against papatipu komiti decisions, and that whatever the Council’s orders might be, tho Appellate Court, no doubt, would be largely resorted to by dissentients. Section 11, Act 1903, No. 14 and 19 of 1900 was read out.” The Hurakia case was then called, the following note appearing: “The objections were callled and dealt with separately, all parties consenting to the course decided by tlio Council.” Tho Council then ordered the report of papatipu committee to be confirmed. All the other cases (including those already adjourned to Tuparoa and To Araroa) were called on this and the succeeding day, and similarly dealt with. On the loth March the sitting was adjourned to Gisborne, and at that place on April 25tli the President and two Maori members, Peno Heihi and Apnnaia Wkanga, constituted tlio Council, when it is stated “the following cases were called and reports of committees confirmed.” The names of the blocks aro then set out seriatim, with the words “Reports confirmed” after them. The orders appealed from bear date tho 2otli April, 1906. By section 4 of the Act of 1903 the quorum fixeu for the Council was the President and not less than two Maori members unless the business was of a purely forman nature. It is .therefore clear that on the 13tli and 14th March, when the orders were first pronounced there was not a quorum present, and the Council was not properly ■constituted to hear tho objections. Somo doubt on the question must have arisen in tho minds of tho Council to lead them to bring the matter before a properly constituted Council at a later date, but Epanaia Wlianga was not ono of the Council who purpo,.c l to hoar the cases and therefore could not have properly exercised any judicial functions. But even assuming that the attempt to get over tho want of a quorum was successful, tho gravest defect to our mind in the orders, and one which goes to the whole root of the quostion, is that tlio Council did not give all parties concerned a full opjiort*nity~of being heard, but intimated before tbe cases were called that it would confirm the reports, without hearing the objectors, leaving the latter to their remedy of appeal. It is clear that the Council did not attempt to discharge the duty cast upon it by statute, and an order made under such circumstances, is bad. IVe must therefore annul the order.

YESTERDAY’S TELEGRAMS. Press Association. AUCKLAND, yesterday. In replying to-day to a deputation re shortage of trucks, Mr. T. Ronayne, General Manager of Railways, said that Auckland was growing, and to his mind it was going to he on top. Ho might, lie said, he giving offence to Southern people in saying this, but it was quite right. Auckland had undoubtedly a great future before it', ami it was the business of the Railway Department to provide facilities to cope with the great increase in business.

At a deputation to tho Hon. Geo Fowlds, one of the speakers (MiSquires) referred to the system under which municipal elections were conducted. In his opinion the system now in use led to confusion and corruption. He thought that touting at polls and the “ticket” system should he prohibited, while tile names of candidates when printed on the voting paper should not he placed one under the other in alphabetical larder, but ill a circle so that there would be no top or bottom name. With the present voting paper thoughtless voters cast their votes in favor of the first names on the papers while those on the bottom were overlooked. The Minister said lie would submit the suggestions to the Colonial Secretary. In connection with the classification of school teachers for the payment of salaries the secretary to the Board of Education states that those teachers who failed to pass at the examinations in .January last had got tlieir licenses renewed, but in the case of three unfortunate teachers who passed and qualified for full certificates, the Department could not he induced to issue certificates, and consequently while those teachers remained unclassified, there was a ten per cent, reduction in tlieir salary. It was one of the “ghastliest” things he had ever known. The Board had had notice of the issue of certificates, coming eighteen months after the time at which those certificates were dated. Had those teachers failed they would have had tlieir licenses i renewed and they would have had their salaries, but they were now I

>onit 1 isod for passing. Tlio Board lias lobbied to roinonst riito with tho Deiiartment on the matter.

A deputation representing tho Chamber of Common*, Farmers’ Union, and Huntley coal minors, also coal merchants and dealers, waited on Mr. Roiiuyno, general manager for railways, re tho shortage of trucks. It was stated that the coal industry was lining crippled, and through loss of wages for miners other industries also suffered. Mr. Houayue admitted the difficulty, hut stated he was doing his host with tho -.took ho had. The trade was growing so rapidly in Auckland that although 240 trucks had been added a shortage still continued. Material had been ordered for more trucks, and one hundred.were in course of construction, also 20 large locomotives. Meanwhile the light rails were being lifted and bridges strengthened to enable heavier engines to deal with the traffic.