APPEAL DISMISSED

Sun (Auckland), Volume IV, Issue 946, 12 April 1930, Page 1

APPEAL DISMISSED

CLAIM FOR GIFT LAND TITLE NATIVE COURT’S FINDING In a judgment delivered this morning in the Tokerau Native Land Court, the appeal for the return of the land at Aratapu, near Dargaville, given more than 50 years ago by the Ngati-Whatua tribe to a visiting leader, was dismissed. The land concerned was the valuable Oturei block and the leader to whom the land was given was the Te Popoto “prophet,” Aperehama Taonui, of Hokianga. The chief judge of the Native Land Court, Mr. R. N. Jones, and two judges of the court, Mr. C. E. MaeCormick and Mr. A. G. Holland, heard evidence and compiled the judgment. Judge MaeCormick read the Appeal Court’s finding and traced the history of the disputed land from its presentation in 1873 to Taonui, who was a man of considerable importance. When certificates were ordered at the time by the court in' the name of Aperehama Taonui, no objections had been raised. After Taonui’s death, a succession order was made in favour of four persons. There was evidence that deceased had made.: a will in favour of his wife but the wiil had been lost. His wife, had left a will and later, when probate on Taonui’# will was issued on secondary evidence of its existence, the same four persons were named successors. A petition to Parliament in 1927 resulted in the court decision which was the basis of the appeal. TRUST DOUBTED It had been admitted that the land had been given to Taonui personally and was not subject to any' form of trust. The native customs of reverting land to the donors should the recipient die without issue had been advanced. It was doubtful if there had been a trust, in the opinion of the court. ; The respondents said there was no obligation on Taonui to include'others in the title. The court found:. that there were no foundations for the proceedings if there were no trust. If such were the case, no further appeal could be made. In any event, the court did not think the native custom of reversion to the donors could apply in the case, as the land had ceased: to be native land. The respondents had been allou ed to. occupy and to alienate the land for a considerable time, and the appeal would be dismissed with costs to th.e respondenrsi Mr. A. G. Quartley conducted the appeal on behalf of Hari Pomare and Mr. Louis Parore- represented the respondents, John ; Walters, Paki Ihaka and others.