JUDGE CENSURES CROWN

Sun (Auckland), Volume IV, Issue 1027, 18 July 1930, Page 1

JUDGE CENSURES CROWN

Withdrawal in Orakei Case

“WILL PROCEED WITH CLAIM”

rE Crown’s refusal to deal with the trusteeship aspect of the purchase of about 40 acres of Orakei land from the Maori occupants led to surprising developments this morningin the Tokerau Native Land Court. Mr. V. R. Meredith, after protesting his inability, under the instructions of the Native Department, to deal with the trusteeship, withdrew, with other Crown representatives, from the Court. The Judge, Mr. F. O. V. Acheson, strongly criticised the attitude of the Crown and announced that he would continue the inquiry, making his report from the claimants’ case alone, if necessary.

Mr. Meredith persisted that he was hot able to deal with trusteeship regarding Orakei land, or any other aspects, but the Crown was prepared to answer only the immediate claim before the Court, namely, that of the claim by Hira Pateoro and 16 others for thq return of their papakainga (Tillage site) and church area at Orakei. His Honour was at a loss to understand the attitude of the Crown and declared that he would make his report on the claims to the Chief Justice, even in the event of the withdrawal of the Crown from the case. Mr. Meredith and the Crown officials withdrew from the court and Mr. J. J. Sullivan, representing the Maori claimants, began his case, explaining that he was necessarily embarrassed in proceeding because of the absence of certain documents. The Orakei case was last heard in court at the end of March, when his Honour deemed it necessary to examine certain legislation by Parliament. When the case was first called this morning, Mr. Meredith, on hearing his Honour’s statement that he was prepared to deal with any aspects of the Orakei transactions bearing on the claim, was granted permission to secure advice on his position. On his return to the court, Mr. Meredith pointed out that the petition, as the Crown understood it. was that, after about £IO,OOO in cash had been paid to the natives for their land, the Maoris were now suggesting the return of their property, maintaining that, at the time of the purchase, there were promises that the land would be riven back. NO DEPARTURE WANTED The Crown felt that, in the inquiry before the court, there should be no departure from the facts of the claim. "I am prepared to take the responsibility of withdrawing from this inquiry,” added Mr. Meredith. "I respectfully suggest that the inquiry should be on the lines of the claim. 1 must decline to embark on inquiry into other aspects of the case.” His Honour: How do you reconcile this decision now with your statement on March 27 that you would agree to consider trusteeship? You are now refusing to go on with that aspect. Mr. Meredith: If I remember rightly there was considerable discussion on the point. Anything I said then would be subject to subsequent instructions I might receive. His Honour read minutes of the hearing and said it was clear that the Crown Solicitor had then agreed to consider the question of trusteeship. it was now to be assumed that the Crown refused to agree to such a course. “I decline, if your Honour pleases, to be put in such a position,” said Mr. Meredith. "I did not. at any stage, unreservedly agree to discuss every phase of Orakei. I raised the scope of the commission at the outset of the hearing, and I am satisfied that this question is outside the inquiry. My attitude in this is made with all respect. REFUSAL REPEATED In reply to liis Honour, Mr. Meredith repeated his refusal to deal with Jhe trusteeship of the land at Orakei. “Did you go into the Lands Department report?” asked his Honour. Mr. Meredith: I am not bound io say report. His Honour: The Court is quite well aware that you did say you would go into the trusteeship, though it does not say you agreed to inquire into all asDects. Mr. Meredith: I regret that we are at cross purposes. Your Honour may nave gained that impression from my remarks, but I must refuse to be held VP as having said something I did not intend to convey. I assume your Hou our intends to proceed on the lines you have indicated. “This is the most regrettable incident that has occurred during my 10 or u years on the Bench,” declared “is Honour. “I know a good deal about •he mental workings of the Maori mind, and I am quite sure that the racial instinct for having questions inquired into will rebel against the clos--4 mg of this inquiry.

“In my own mind, I am perfectly sure that the Crown has, at all times, desired to be fair to the Maori people,” his Honour proceeded, “but the Court has noticed that occasionally there has been a mistaken appreciation of what is fair and the natives have been caused to be doubtful of such motives on the part of the Crow-n. In this particular question, the trusteeship aspect would have occupied only a few minutes. I must say that I regard the withdrawal of the Crown representatives in this case as made on quite inadequate grounds. They seem to be thinking more of what might happen than what will actually happen.

“Even though they withdraw, 1 shall hear the native case and will make my report. If the Crown wants the question dealt with again, I will strongly object to a hearing by any judge other than myself.”

Mr. Sullivan asked if Mr. Meredith would be prepared to leave some of the transfers in the Court, as it was claimed that some were not signed properly, according to law. "The department must be asked for them,” said the Crown solicitor.

“But they are on the table now,” protested Mr. Sullivan. Mr. Meredith then retired from the Court, and his Honour remarked that the Court would require the transfers to be produced. He asked Mr. O. A. Darby, also appearing for the Crown, if he refused to produce the transfers. Mr. Darby replied that he would require a few minutes to confer with other representatives. At this, Mr. Sullivan declared that he was placed in an embarrassing position, and it was not possible adequately to proceed with the inquiry' when certain documents and reports were lacking. On the advice of his Honour, Mr. Sullivan consented to proceed with his case, which, he said, would not be as complete as he would desire. Mr. Darby returned to the Court at this stage, saying he had been instructed to attend on Mr. Meredith and so could not hand in the transfers. “I shall see what the Court’s powers are to compel the production of the documents,” said his Honour. CASE FOR NATIVES Mr. Sullivan explained that there had been a trust when the sale of the area had been put through. The trust was admitted, and, proceeded counsel, “the least the Crown might have done was to see the trust was complied with, under the Act.” Counsel went on to declare that the Native Land Act would not permit the purchase of native land, causing landlessness among the former owners. Yet there were at least three of these natives left landless, he said, and the majority had not been left adequate land. On this particular question, he would venture to say that a report had not been received by the Native Laud Purchase Board; if it existed, he would ask to have it produced. On the promises said to have been made to the Maoris for the return ■lithe land, he would call two witnesses, Ngapipi Reweti, who was engaged by the Crown at the time, and Wiremu Watene, an old man, who had, counsel declared, been approached by the Crown time and again from 1923 to 1926 until he had signed his lands away.

Counsel contended that one transfer, which had not been translated, was actually invalid. In another, writing in pencil had been added to the document, and, in another instance, he had not been able to secure from the Crown an agreement said to have been made with the natives. He argued that the proclamation declaring the land to be Crown land could be revoked. A proclamation could not make or unmake law. The Orakei proclamation was made in the belief that the statutes had been complied with, and this belief was erroneous. Finally, the Government had uot taken steps to set aside a reserve under Section 19 of the Act of 1912. The lav/ had been flouted, Mr. Sullivan declared, and the dealings with Watene were contrary to the practices of the native land laws. An adjournment was made to hear the evidence of native witnesses. i