COMPENSATION CASE.

King Country Chronicle, Volume III, Issue 143, 29 March 1909, Page 2

COMPENSATION CASE.

Right of Appeal Upheld. With regard to the appeal of Mr A. Julian in connection with the taking of a portion of his Native lease in Karuotewhcnua Block, for scenic purposes, the Native Appellate Court sought the advice of the Supreme Court as to whether such an appeal was good in law. His Honour, Mr Justice Edwards, holds that such an appeal is good in law. The matter being brought within jurisdiction of the Native Land Court, and there being no words which indicate a contrary intention on the part of the Legislature, the same right of appeal exists with respect to this case as with respect to all other matters within the jurisdiction of that Court. An appeal lies to the Native Appellate Court for every order made under section 91 of the Act, upon any ground, whether of law or fact, including inadequacy of the compensation awarded, upon which any person interested in the matter before the Native Land Court can show that he is aggrieved. His Honour adds, "I feel no doubt that I am giving to the statute the effect intended by the Legislature. Bearing in mind the large interests which may be involved in claims under section 91 it is extremely improbable that Parliament intended that these claims should be finally determined by one gentleman, who can have no special qualification to enable him to deal with such matters. The answer to he question put in the case stated by the Native Appellate Court is that an appeal lies in the Native Appellate Court for the 'order mentioned in such case stated."