NATIVE LANDS COURT.

Globe, Volume XXIV, Issue 2559, 21 June 1882, Page 4

NATIVE LANDS COURT.

Obbbs association TBUSEAM.J NEW PLYMOUTH, June 20.

The Native Land Court has been sitting at Waitara daring the past fortnight. The examination of witnesses has been long and tedious, but beyond those engaged no interest has been taken in its proceedings by any one. The case of the Ngaliamaniapoto and Ngatitama tribes has been the only one hearJ. Judge Fenton, on giving his opinion of the case, spoke chiefly of the numerous conquests and slaughter that was carried on in olden times before the British settled in New Zooland, when in two battles the Ngatiamaniapotos drove the Ngatiamae from Potamu (Mokau), and fought them at New Plymouth, Matures, and other plaoss, the Ngatitamas going south to Waikanae, Kapiti, Wellington, and the Chatham Islands; the Ngatitamas Baying that they were going to procure guns to try and regain their lost battles with the Ngatiamaniapotos. With but few exceptions the Ngatitamas never returned to dispute the ownership of Po’ama since 18-10 until the last couple of years. Whatever the fends may have been between the two tribes before the colony was settled, the opinion of the Judge was that it had nothing whatever to do with the present time. The Ngatiamaniapoto had won the land by conquest, and had held the land since undisputed. The final decision was reserved until the chief Xtewi had given his evidence, which was taken on Friday last, and the Judges then gave their decision, which has not yet been published. The Judges, while giving their opinions in the case, were listened to with great attention by the two tribes, not a word being spoken by either side. The decision, however, I learn, goes very fully into the case, the most important portion of it being the following:—The principle of Maori law, on which this Court has acted in oases of this sort, is very simple, very intelligible, and in truth could not bo otherwise. A conquest followed by the expulsion of the defeated party from their land conferred no title on the conquerors unless followed by occupation, A conquest resulting in the complete expulsion of the defeated, or the abandonment of their territory under the ■trees of force, and followed by permanent occupation of the conquerors, conferred a perfect title, which endured until they in their tern were ejected. When the Court’s authority was introduced into New Zealand of course a new state of things came with it, and private warfare being illegal, no rights could be acquired by force. It therefore followed that any conquering tribes found at that epoch in the perfect occupation, —by which I mean occupation undisturbed, and not diminished in its character by hostile force—of land from which other owners had been previously expelled, or which they had abandoned from fear, would retain its right over that territory, unless it admitted the return of the expelled people by consent, express or tacit, nor would it be necessary to eject intruders by force, for, the exercise of such force having since 1840 been pa contemplation of law illegal, if discontent ji signified, that is sufficient. The squattings

o£ Ngatitaraa on this block, which appear to have been attempted before 1868, were trivial, and moot certainly not made with the con sent o£ the Ngatiamaniapotoo, and, fading that consent, would not avail to disturb the title as it existed in 1840. At that tim-i it was perfect. In IS6B, how far that title wa» affected by an agreement made by the chi.'ii u£ the Ngatiamaniapotos and the Ngatita'.ua in that year, remains to bo determined. Too Oouit then adjourned.