NATIVE LAND CASE.

Taranaki Daily News, Volume L, Issue 60, 24 July 1907, Page 2

NATIVE LAND CASE.

Per Press Association. Wellington, July 22. An interesting native ease came before the Appeal Court to-day. In 1805 the Te Akim block of 180,000 acres between the mouth of the Waifcato River and Raglan was confiscated, but some 05,000 acres was returned to loyal native owners, of the Xgatitahnnga and Tainni tribes. There were 30 members of the latter and 58 of the former. Ever since then the proper allocation of this land has been in dispute, and been at intervals subject to inquiry by the Courts and Commissions. Eventually it was relegated to the Native Appellate Court, which sat in February last, and came to the conclusion that this land had never been confiscated, and that the Maori customary title still existed; wherefore they confirmed the decisions of 1801 and 1!)04, awarding the Tainuis 15,000 acres, and fixing the dividing line along an old. tribal boundary. The Tainuis are now appealing on the grounds of the bias pf Judge Brown, and that the Court had exceeded its jurisdiction in taking notice of a Maori customary title. A motion was then filed on behalf of the Ngatiahinga to strike out the motion for prohibitation on the grounds that the jurisdiction of the Supremo Court tp prohibit a nativo . appellate was expressly taken away by section 53 of the Native Land Law Amendment Act, 1805. Both motions were, by consent, removed into the Court of Appeal. Mr Hell,- K.C., and with him Mr Ostler, appeared for the whole of the Ngatitahinga tribe. Mr Hell and Mr Blomficld for a section of that tribe. Mr Earl ami Mr Morrison for the Tainui. tribe, and Mr Skorivt and Dr Vindlay for the Judges of the Appel ate Court. Mr Bell contended that the, Supreme Court had no power to interfere with the Appellate Court, tlrn : nnv.'er being taken away by section 50 oi'-Kative Land Laws Amendment, 1805." Mr Ostler followed, citing authorities to show that when a well-kii'iwn Court with inherent powers hed cmiforred on it new and special jurisdiction, tint, jurisdiction should be exercised nmirdiitg to the inherent powers. Mr lllnm!i['M addressed the Court on the facts of the case. The Court adjourned until to-morrow.