SUPREME COURT

Evening Post, Volume XCVI, Issue 21, 24 July 1918, Page 2

SUPREME COURT

TARANAKI NATIVE LEASES

This morning, at the Supreme Court, his Honour Mr.. Justice Chapman heard legatWgumerct on two originating summflaaes under the Declaratory Judgments Act, 15J88, concerning certain leases contained in the New Plymouth Land Registry. The parties were Cecil John Hawken v. the Public Trustee and Amy Catherine Mercer v. the Public Trustee. Mr. C. B. Morison, K.C., with him Mr. R. D. Welsh, of Hawera, appeared for the plaintiffs, and the Public" Trustee was represented by Mr. M. Myers, with him Mr. E. P. Hay. Plaintiffs claimed a right, as proprietors of the lands mentioned in the leases as set out by virtue of the transfer of such land to them, and sought a declaratory order determining ■ the construction of the leases and the validity of the rish.ss of the plaintiffs to renewals. Mr. Morison said the summonses were by way of a friendly action against the Public Trustee. There was really no dispute between the plaintiffs and the Public Trustee, but some doubt had been raised as to the power of the latter to grant certain leases for a period of ten years. The plaintiffs were lessees under the existing leases, and the question had been raised as to the Public Trustee's power to renew. The plaintiffs were asking- for a formal order of the Court declaring that the Public Trustee has the power to grant the leases under the Act of 1913.

Reference was made to the Land Transfer Act, under which the leases are registered and under which the plaintiffs could claim the right of perpetual renewal for 30-year terms, but it was agreed to defer argument on this phase, jo be taken if a satisfactory solution of the question is not reached under the provisions of the 1913 Act.

Mr. Myers detailed the history of the legislation affecting tflxe position, and His Honour, at the conclusion of counsel's argument, gave it as his judgment that the Public Trustee has the power to grant renewals of the leases concerned under the Act of 1913, and that that is what the plaintiffs are entitled to. • (Proceeding.)