The Telephone. WITH WHICH INCORPORATED THE POVERTY BAY STANDARD. PUBLISHED EVERY EVENING. GISBORNE, FRIDAY, DECEMBER 5.

Poverty Bay Standard, Volume I, Issue 302, 5 December 1884, Page 2

The Telephone. WITH WHICH INCORPORATED THE POVERTY BAY STANDARD. PUBLISHED EVERY EVENING. GISBORNE, FRIDAY, DECEMBER 5.

It will be in the recollection of our readers that a large amount of interest was taken last year in the subdivision of Kaiti Block, when the case came before His Honor Judge Brookfield. The claim occupied the attention of the Native Land Court for three weeks, and on account of the great value of the land and its proximity to. Gisborne-the question of subdivision was keenly contested. Judge Brookfield, after a large amount of trouble had been taken, effected the subdivision of the block, dividing it into two portions, one being awarded to Riperata Kahutia, and the other to Hirini te Kani and those claiming that side. Land transfer certificates were ordered to be issued for the respective portions. Hirini and some others were dissatisfied, and issued a writ of prohibition against the Chief Judge J. E. McDonald of the Native Land Court, Judge Brookfield, Riperata Kahutia, and others, praying that the Native Land Court be restrained from issuing the certificates on the following grounds:—That some years ago, after the Kaiti Block had passed the Court at the original investigation, application for re-hearing had been granted, and that being so, all proceedings should in accordance with the Native Land Acts, be commenced </<? novo. That it was ultra vires on the part of Judge Brookfield to entertain the applications for subdivision. As a matter of fact the application for rehearing was not only granted, but was heard by Judge Rogan, who confirmed the original decision. But this view of the case seems to have been ignored by the appellants. Mr. Willoughby Brassey was retained on behalf of their Honors Judges McDonald and Brookfield. Yesterday the motion for granting prohibition was heard in the Supreme Court, Wellington, when judgment was given in favor of the defendants, the plaintiff having to pay twenty guineas costs. By some, as may be naturally supposed, this result will be viewed with displeasure, but to the general public the verdict should give satisfaction. It is a step in the direction of settlement being established on Kaiti. No real injustice in our opinion was done to any parties by the partition awards made by Judge Brookfield, whose decision in - the Supreme Court has now been upheld.