THE NATIVE LAND CASE.

Gisborne Times, Volume XXV, Issue 2154, 9 August 1907, Page 1

THE NATIVE LAND CASE.

Tho hearing of the Arai-Alatawai case, concerning tho ownership of over 4000 acres, was continued before bis Honor Judge Jones at the Native Land Court yesterday. There was a crowded attendance and great' interest was evinced in the proceedings. Otene Pilau, conducted Hie ease for tho original 23 owners, whose names were on the title, and two names were added to the claimants, making 31, who indirectly represent 300 or 400 of the Rongowhakaahai tribe. After'taking evidence thb’Couft decided that the 23 named were trustees and not absolute owners. All adjournment was granted to this morning, when the ease will be continued with a view to proving the claims of those entitled to participate in ownership. The block is a valuable one, now under lease to well known settlers.

The whole history of the transaction shows the necessity for simplifying the procedure in dealing with such matters. It dates bao'k 40 years when the Government confiscated

land in this district, following the Hou rebellion. In response to representations Air. Donald McLean subsequently agreed to band over the

ilock to the tribe named, and then lie perplexities commenced. Consilering themselves entitled tho Nnives commenced to deal with the -akchas concerning tho utilisation of he land, and a title was -asked for. 'he Government first intended to

leal with the block under the Native ler.erves Act. A Commissioner was

iccordingly . appointed to inquire into flic matter, and be suggested 10 names as trustees. Further investigation showed that the Reserves Act was not applicable, the Native title having been extinguished by tlie con-

fiscation at time of the rebellion, and then a special Act applying to this district was resorted to. This, however, required the names of owners o be specified, and to overcome the difficulty the district Native Agent was instructed to inquire as to the proper names to bo inserted on the title. He could only suggest- that tun persons act as trustees. This would not' comply with .jdie Act, it was pointed out, and after further proceedings he sent along thirteen additional names. Accordingly the 23 names were by proclamation declared entitled, and this led to several petitions to Parliament the following year. The reports accruing, as a result of these, set out that the 23 were only intended as the representatives of others, but the Committee refrained from committing themselves as t'o the legal status of the 23, owing to the way in which the proclamation was worded. Petitions dragged along until 1886. The passing of tlie Native Land Act was welcomed as a solution of the dilemma. The matter accordingly was referred by Order-in-Council to* the Native Land Court, but the Judge ruled that as tlie matter stood the Court had no .jurisdiction. Then the Government decided upon an informal inquiry by the late Air. Booth, who came to the decision that 200 persons were in-

terested in the title, but there was an power to have this report carried into effect. Legislative enactment was tried in 11)04, but the fates wove unkind as the draftsman entrusted with the matter had failed to grasp

the peculiarities of the case, as on again tackling the. problem the Native Land Court found the proclamation referred to a stumbling block. Perseverance won tlie day, however, for section 13 of last year’s act gives the Court power to open up the question. Now that it has been formally ruled that the 23 are merely trustees, it is only a matter—not so

simple for all that—to determine who are entitled to participate in the Crown grant. The claims will be put in concrete form and a start made Co-day.