If His Worship’s remarks, in giving judgment in the case of Te Whetu v. Tiopera Tawhiao yesterday morning, have the least effect on the Maori mind, so as to lessen the importance, and curtail the powers of the self-con-stituted Maori Committees, the public time will not have been occupied in vain. The short outline of the case is this: —Te Whetu had, so it was alleged, accused another native of the crime of theft, but which charge, on being investigated by the Komiti, fell through, whereupon Te Whetu was arraigned before the dread tribunal with a pre-imposed fine of £5, and an extra demand of 2d. sterling for stationery — probably the cost of the “ Hamenethe whole winding up with the ominous words, “ Herein fail not at your peril.” Te Whetu obeyed the mandate (which he should not have done), but, on refusing to obey the “ Komiti’s” behests, or recognise its authority, had two horses, with their saddles and bridles seized, and detained in custody till such fine should be paid. Finding restitution unlikely, Te Whetu sought the protection of our law court, and obtained judgment for the delivery or payment of the chattels seized.
Mr. Rees attempted to excuse the ignorance of these Komiti men, and
proceeded to argue, as amicus curite, that, inferentially they possessed power to do as this Komiti had done, inasmuch as, that under the Native Licensing Act, 1878, certain powers were conferred on them to punish their own people, in proclaimed districts. Mr. Price, however, was decided. He did not agree with Mr. Rees ; and he was glad to find the Assessor, Paora Parau, who sat on the Bench with him, was perfectly in accord with him in stating that the Natives were usurping a power not conferred by Act of Parliament; that, in fact, they were acting illegally ; and that any Native was justified in resisting their spurious authority, and seek ing protection from our own law courts, as Te Whetu had done.
■ We are very glad Mr. Price put his decision in so concise and intelligible a form ; and would not listen to a plea for the existence of these Maori Komitis, in that the Government, if it did not validate them, had not warned them that they were doing wrong. For the mere purpose of serving as kinds of outposts, or advanced guards, for arresting, or punishing drunkenness, these Committees may serve a useful purpose, though we take leave to doubt even that; but for them to have authority to make t process superior to that possessed by our own inferior courts is coming it rather strong, and it is to be hoped that a true solution of their position will be conveyed to them through some reliable channel.
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Poverty Bay Standard, Volume IX, Issue 981, 24 September 1881, Page 2
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457Untitled Poverty Bay Standard, Volume IX, Issue 981, 24 September 1881, Page 2
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