NATIVE LAND COURT.

Taranaki Daily News, Volume LIII, Issue 253, 4 March 1911, Page 7

NATIVE LAND COURT.

AX IMPORTANT CASK. At the Native kind Court sitting here on Monday, before Judge Wilson, a case was hoard of considerable interest to natives in South Taranaki. The plaintiffs were the daughters of Hone Pihama, a well-known Plains chief, for whom Mr. Marshall, of Marshall and Hutton (Wangamii) appeared; the defendants were Ti Kapa, i'erangi, ami others, for whom Mr. O'Dciv (instructed by Mr. Barton, Hawera) appeared. The facts as outlined by Mr. Marshall were as follows: In 1880, Hone Pihama applied to the Native Land Court for the grant to him. self and children, of Mangamingi Block No. 1, and an order was made in bie favor. On the death of Pihama in 1800, when succession orders to his property were being made, Mangamingi Block No. 1, instead of going to the daughters of Pihama, was given to Ti Kapa and others, collateral relations of Pihama. The matter came before the Native Affairs Committee of the House by petition from Rangitamwba Pihama and by the Native Land Claims Adjustment Act, 1910, was referred to the Native Land Court for report. Evidence in favor of the plaintiffs was given by the daughters of Pihama and Hikaka. Mr.

O'Dea, in outlining the case for the defence, said that in 1880, at a conference at Oeo, it was agreed between Pihama and others that Pihama should appear before the Court and ask for an ovder in this particular block in favor of Tamaohungia, Kaiti and Kao, who, being Pari, haka natives, wore holding aloof from European courts, and who would therefore be left landless so far as this block

was concerned. These three were of the

same hapu as Pihama. Pihama appeared, but asked for the order in favor

of himself. On his death in 1800, his brother Patohe appeared in support of his succession orders, and orders were

made in favor of his daughters, 1500 acres each, and his widow 314 acres.

Evidently to right the wrong done in 1880, Mangamingi No. 1 was given to five persons—the defendants, the descendants of the three who should have

got the block in 1880. No objection was made by Pihama's brother, who appeared for the children. Counsel also referred to the delay in. prosecuting the claim, to the fact that had the order of the Native Land Court in 1890 been registered under the Land Transfer Act, his clients would now have an indefeasible title, to the equities of the case in that an attempt was made in 1800 to rectify the wrong done in 1880, to the fact that Hone Pihama was friendly to the authorities at that time when the other members of hapu were opposed, that he had been well treated in the distribution of land, even leaving out this particular block, and that a judgment of the Court that had stood for 21 years should not be lightly overturned. Evidence was given by Ratoia, Marakopa, Uerangi and Mamoko.

The Judge, on the conclusion of the case, said that after perusing the official correspondence, and the- essp as put "by Mr. Marshall, he thought he had an easy task, but after hearing the defence which had been so well put by Mr. O'Dea, and the evidence he he re- % , ■ cbgifiSed. that ,a difficult tasF'wus before '.■> him. He' would take time to consider"; < his report, which sent to the, ~j i ,Chief Judge and wiraw in due course * ' come before Parliament. —Hawera Star.