Native Land Court.
THE KAITI BLOCK. Ttte application to deal with this block came before their Honors Judges Brookfield and Puckey. We are glad to be able to state that our prediction that the Native Land Court would leave the original order made by the Native Land Court undisturbed, has been verified. This decision, while doing no person an injustice, is of great public good. When the application came before the Court on Tuesday last, His Honor Judge Brookfield delivered the following judgment:—On the 27th November, 1873, the order was made by Judge Munro vesting the Kaiti block in certain Native owners. On the Ist December, 1873, an a ppi’ cation was made for the claim to be re-investigated. On the 10th September, 1874, the order was made by the Governor in Council granting the re-hearing, and fixing the date of it to take place within eighteen months from the 27th Norember, 1873. On the 24th October, 1874, the application for ' re-hearing came before the Nal ive Land Court, and was withdrawn. No re-hearing, therefore, took place within the time specified. His Honor cited the judgment given by His Honor Judge Richmond in the Owhaoko block, that decision being to the effect that the original order stands when a re-hearing applied for and granted dors not take place. The Court, therefore, declined to entertain the application for the re-hearing of Kaiti on the ground that the land had been already adjudicated upon. Mr Rees stated that he had been requested by the Kaiti people—a large number of them—to ask the court whether it would be
possible to have the names of some of the persons who were omitted from the original certificate, inserted. By some mischance their names were not included. Hence the desire fur the claim to be re-heard. The question was whether the court would receive a supplementary list of owners. Mr E. ff. Ward : How would that affect the other people and the Europeans ? Mr Rees : It would not affect them at all because the original certificate was made under the 17th section of the Act of 1867. His Honor Judge Brookfield : I do not think the court has power to do anything of the kind. One thing certain is that we would have to be very chary about altering a certificate without there being strong evidence to support the Act. Then any alteration would practically amount to a re-hearing, and the Court has already declined to hear the case al all. Mr Rees: It is well known to be a great hardship. His Honor: The Court has not the power. Mr Rees desired the Court to make known to the assemb'ed Natives the nature of the application he had made, which was done.
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https://paperspast.natlib.govt.nz/newspapers/PBS18820209.2.10
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Poverty Bay Standard, Volume X, Issue 1034, 9 February 1882, Page 2
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457Native Land Court. Poverty Bay Standard, Volume X, Issue 1034, 9 February 1882, Page 2
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