Native Land Assessment.

Kawhia Settler and Raglan Advertiser, Volume IV, Issue 342, 13 December 1907, Page 2

Native Land Assessment.

AN IMFOBTANT (BASE. Ju.lament Waa delivered by Mr Justice Denniston at the Supreme Court last Monday in the matter M the Gov ernment Valnatinu of Land Act, 1896. and the Gov -mni nt Valuation of L ind Ac\ 1900. and io the case of John of Gtoronangathe c Hir.-e of his judgment Hi* Honor said the respondent held the land, the assessment of which was the subject of the appeal, as owned in fee, under a grant from the Crown. H’ bad, however no power to alumefe *he lawd by lease, mortgage-, or otherwise and although it wm open to the Crown to remove theße res'ric ions thts ha J

not bsen done. The p?»i»fon of the native owner in tbe»e conditions hid been the subject of recent decniOu by the Co r *?t of Appeal and the Sapreras Cour. While l! • reH?icMou’ remained be bail practically a life interest iu ihe land with a remain ter exp e'ant o rt his decea-e to his Buec“B>or, under the native custom. It was obvimts that the land was to be is c upon the value of tbc whole and no? upon the value of th - hi- interest. The assesamen 1 was :<» he OJJ -be haste of an annuH im a p*y i»>lrby ths b n „ owo*r. What was »' be wathe csait-0 value of b« laud Tuis : Wts Br fined by Gedtihd 2 1 J the Gverament Valuation -'4 Lind Ac*. 1960, ■ as tba sum which the nwrer’s eetate or ' i u.s re it therein, migh be ex.. c»d: ;to rea&fe »t the -imi •.? vafoftio.i ; ; off-red foe ;: *te on -u;h reasonahteF.j ; term’ *od coedr.um? a; a t)ma fHe j ‘ a t’.ter mlgh be expo ■. •£- to eq i -e. j After ci'.ing sue i riites Hw H »n »r I ! gave it as bii opinion that it was h* j i duty of a valuer and of the magtetra&s ' :on appail to endear air to a j ceria ! n j what the eat ?te and interest in the land might be expyoted te realise if offered lor sale, subject ?o the existing restrictions. It did not appear that the Assessment Court -a!'hough correctly stating in the words of the Act what should be the basis of the valuation, considered the matters referred to. His Hondc-'lharefoM, thought it batter to remit th# mslthr to the Cfeur* for ■ it? farther em-i<ter< i a, without costs, i Toe question was a most important • on**, and His H »nor regretted that it ■ dual t not be sabmiUed to the Full . Onurt at Wellington. The flon. -L A. T-ute, K.C. appeared for ths appellant, a .d Mr F. Earl for , ths respondent.