NATIVE LANDS COURT.

Auckland Star, Volume XVII, Issue 246, 19 October 1886, Page 3

NATIVE LANDS COURT.

Judgmont in tlic Idttlc Barrlor Dispute

Tun COjiirt yesterday gavo judgment as folowb :This case was heard on (be application of Piiora. Tiiliaere and others, who claimed under a conquest of the alledged former occupant. Waithcru. by Maki and Malaalill. nnd continuousiiccupatioii of their descendants lill Ihe halllnorlkiiraiigaiiui. The counlcr elnimitnls, Ngatiwni, represented by Mr l.'enlon, elalinod from an ancestor. Kangiliokuiii, who it was alleged occupied from a period (unknown lo Ihe Court and modern science)

"when moll were stones." and whoso descendants have continued lo cxci'eiso I'lghls ol' ownership lo the presiml timo wit bunt being disnossesseil. 'I'lio elaimaiil. in reply. call,-.1 M.-vci-ol witnesses. I.ut urn- of whom I.nil landed or lived on Ihe island, to prove that since the liat.lic ol' Te Ikii-u-Kntigiiuii none of NgutiWiil had occupied, und I'lii'lhel'. .that oil many diU'erent occasions Ihe persons who now claim lindisttirlied occupation were in pei-iiiitnciit tie(iiipalion of Croat Dun-lcr. Ttilukiikii. Wliangarurii, and other places, nnd could not therefore have been living on llnuliirii. it was disclosed by the evidence Mint its to occiipallon by the. Kiiweruil, tho only occupation sulisei|iienl In tho, erection of Wiiioheru was by Jlalanhu and after bis death by To lloitriioka'i. a descendant. of.Jlakl. iindat'lerhis dealh by Maki wliahine, who It was alleged occupied II lill Tc Ika-n ICuiiguiuii. Shortly after the opening of I he. case thuCourt wusasked toiiccepl and usoiisovidonco (he,noD s of evidence taken ul tbclorniin-hcni-lng and mindful of Iho fuel that, tho claimanls wero not rcpresi'iiled by learned counsel, Ihe Court has carefully considered every point likely to strengthen Ihe case of Ihe claimanls. A carefd analysis of Iho whole evidence proves conclusively to Ihe mind of Ihe Court, i. Thai Ngnliwai were at both lfauturu and tho Orcal Barrier several general ions prior to the days of Kaiiu-iniulaiiukn. Mr Tiii-ipouo told the Court thai Mala was Hie Chief- of Aotoa, and that Helilin. son of Mntaahii, took to wife his (Main's) sister W'aipahihi. He iul'oi- d tlio Court at tbo present hearing that these persons belonged lo To ICnpupiiru. and were in HO way related to Ngiilicoai. Al Ihe hearing beforo Mr Kenton he said Itohini had two wives of the Ngatiwni. lie 110 had senrebed and found it so. and it is inferred by the Court thai Ik- desired to correct tho evidence ho hud given al the previous hearing, c!) That the alleged occupation until Iho limo of Te Ikii-a-Kniign-iiiii by Ihe Kawerati is absolutoh impos ;ihle. in as niticlt us Mnkiwahinc. tho last inhabitant, who lived live general ions back, must have, been dead' nt (be very latest üboi.l ilftv vniirs hel'oiv Ihe birth of To Honiara, who was then, al tho battle of Ikaiiuganui, a voulh. Now, Ihe testimony of persons who havo admitted Ihat they havo never been on Iho island cannot lie taken by the Court as proof that the counter claimants have not boen exercising rights of ownership at frcpioiil intervals, from the days of the ancestors lo Iho presold. In delivering judgment in Ihe Paengnroa case tit Maketu last year, with reference to a claim brought, forward by somo persons on behalf of a hapu known in old limes as Ihe Ngnlitulea, the court made, uso of words to Ibis oll'cot. "As nativo land is the property of a liupu, a hapu that has no sopano such hapu as Ihe Kiiweruil is in existence iho ruling of the court on that occasion applies with equal force now. Now. as lo tho case of Ngatwui. selling aside altogether ihe present occupation, which would be considered by the Court only in a ease where Ihe evidence On both sides is i-qunllv balanced, it has been proved to the satisfaction of tlio Court that for several generations they have been in lindis Imbed possession nud eniovincnt of-the hind. Mm subject of the present investigation. Whilst ns regards their opponents, the only evidence ollcred ns lo oecupat ion is that, of two persons Tc Hnwiiiokai and Mnkiwahiiir, tlio last of whom must have hecti dead more Mian a hundred yoursnico. The IlinUng of Ihe Court is ihat Ngatiwni who prove oeaupatlon are tlio owners. The claim of certain othor |iersoiis is dismisseil.

The land was finally ordered in favour or lhc jollowing persons : — Itnhiii to Kiri Tenotnhi IM it-ist Taukokopu I'ai-atcnc tc Mnnu Ngapera Taiuwa ) Kgawharc Taiawa -together on shares Hone I'naiiiii ) Kino Keweti IlaputaXgatiwai To Nupevc Ngnwakn Ilenaro te Moananui NVahcka Wi Taiawa I'ila Kino