PURCHASE OF NATIVE LAND,

New Zealand Herald, Volume LV, Issue 16982, 16 October 1918, Page 8

PURCHASE OF NATIVE LAND,

DISPUTE REGARDING PARTITION.

An application for a writ of mandamus to be issued against Jackson Palmer (the Hon. J. A. Tole, K.C.), Chief Judge of the Native Land Court, was made to Mr. Justice Hosting at the Supreme Court yesterday by William N. Austin (Mr. Butler), settler, of Utakura. The action was brought In respect to a block of native land at Utakura, comprising . 42 acres 2 roods 10 perches, which tho plaintiff purchased'from thS* owners in 1913. .The statement of claim set out. that. the land in question was, at a sitting of the Native -Land Court at/Raw,. oh, Auguai 11,. 1904, partitioned among 10 ' natives. , A pla.i %as prepared for registration under the Land Transfer Act, .and 'the. partition order was initialled, but not signed, by the then Judge of - the Court, William Gilbert Mair, now deceased. 'On June 7. 1913, tho natives, or their successors, executed a transfer of their interest. in the | land to the plaintiff for £63. 1 The transfer j was confirmed by the Tokerau District Maori Land Board, to which the plaintiff had subsequently applied to have the original partition order signed, , so that the transfer to him could be completed, but the board refused,'

For the defence certain of the facts were admitted. It was stated that in the absence of a complete sutvey the defendant was wot satisfied that , the plan prepared when the land was partitioned among the natives in 1904 was correct, or that it represented the true intention and purport of the partition;' 1 nor was the defendant satisfied that (tie plan left a sufficient residuary area in the block to satisfy the rightful claims of those owners whose subdivisions had notyet been surveyed. On these grounds he was . unable to sign the order as requested by the plaintiff. After hearing legal argument His Honor reserved his decision. \