NATIVE RIGHTS

Wairarapa Age, Volume XXXII, Issue 10676, 24 July 1912, Page 5

NATIVE RIGHTS

OVER LAKt ROTORUA.

(JBy Telegraph—Press Association.)

WELLINGTON, Last Night

Argument was commenced in the Appeal 'Court to-day in the special case of Tiainilfanu Ivorokai and others .v. the Solieitor-'GeneTpil, raiding quo-timis as to Native rights <ovc-r Lako Rotorua. PkiirttifT is a native of Rot'c'rua, acting on .behalf of himself and 'all own ore. who a.re owners, to Native 'custom nad lothe'rwitia, rJf iihe land) covered 'by /water known as Lake Rotorua. It is claimed by the Natives itiliat the bed of the lake,-or .some ipa.rt of it, is lianld ■held in freehold tenure>-;by those Na- ■ tives as hcccesory .to their freehold title to land adjoining the bed, and is 1 included! ini plication of law in Native Lanid Court certificates of title which have l>ee;n. issued, and in freehold titJss obtained by virtue of these "IwtiAcatfß -(if title; or. in- the alterth.;fc tho .bed of the lake is ■customary Native 'and, in respect of which the Native Land Oo'uTt .has jurisdiction to iir.iake (freehold or dens undcir the Native Land >Act, 1909, or .that tho Jake, is subject to certain custoirjiry exclusive rights of fishing, navigation, and other it-sera vested in tfhc<se Natives,- ai.xi l tßat those rights are .capable in- ?ome .nAinne'r of legal recognition and enforcement by this count on- the Native Land Coulrt.

All these claims and allegations are disputed iby tlfe Crown. ! j Mir Skerrett submitted that the jireal 'issue to be determined was wlie- : thcr tjie Attorney-Geaitethl was" «right 'in saying that the Native land Ocnirt mad no jurrifdiction to determine £ho | Native cuisto'mnry rigl to t'he bed I -of the .lake. It had beer, 'turned, I and recogniisex!! iby the Lcg-islakire, ■thlat before I the settlement of New Zealand, t'he Mm oris were in permanent .occupation of a,ll lands, in the North Inland at all events, and tlieee (rights .were expressly Tesei*ved to: tuem by the Treaty' of Wait'angi, 'which recognrieed the native title arid sovereignty, il was, he contended, contempUod thaC the Native .rights secured by the Tlreaty to be .in'TOe.tigaited and dete.rmined bv the •-n r w iZcm,!>uk.: Courts, .iiyj the whole 'system of Native land legislation was 't'he recognition <a.nd maohlnt'ry -for the investigation of these nigih.ts. • Argument wac not finished when the Court rose.