NATIVE LAND CASE.

Auckland Star, Volume XXXVI, Issue 8, 10 January 1905, Page 4

NATIVE LAND CASE.

■ . c The Native Appellate Court., consisting of Chief Judge Seth-Smith and Judge Jackson Palmer, sat in the Native Offices, 'Customs Buildings, this morning, the first case taken being that in connection witl. the Raeotepapa Block, four miles from Paeroa. The Hon. J. A. Tole appeared for the Crown, and Mr T. Moresby for the natives. The appeal was from a judgment of Judge. Edger, and the statement of the counsel for the natives was to the. effect that the Government took the land regarding which the appeal was made for the Paeroa-Tc Aroha railway in 189fi. The title was investigated in 1898, when an application was made for compensation for the land taken. .fudge Edger. before whom the claim came, stated that he would rot hear the case without giving Mr .fas. Mackay, who appeared on behalf of the natives, due notice. Subsequently a Government officer was heard, and Judge Edger. considering that the natives had no case, dismissed their claim without, calling on them. The natives admitted the right of the Government to take 5 per cent, of the land for roads or railways, without paying compensation, but. they contended that their land having been injuriously affected by the sections taken, they I should be compensated for that- injury. 'Judge Edger not holding with this, deeniied it unnecessary lo notify the native's, jand the claim was struck off. I Mr Moresby contended that the Governjment must, pay for the severance of the jland for the railway, though not paying 1 for the land itself. He quoted the case [of the Kelburn tramway. Wellington, in j support, and also sections 00 and 01 of the Public Works Act. Mr Tole contended that- there was no appeal from Judge Edger's decision, quoting section.-, 84 and Bb' of the Native Land Courts Act, by which the grounds of the appeal should be stated. That not being done, the Court had virtually no appeal before it. Mr Moresby contended that as the decision of Judge Edger was irregular, it was unnecessary to state any other grounds of appeal, and that the matter should be referred by the Appellate Court back to Judge Edger. Mr Tole contended that under the Public Works Act the award was final, that there was no appeal from it, and that the Appellate Court had no jurisdiction to hear it; further, that even if the award were erroneous, still it was final, and could not be. upset, quoting oases in support. He also contended that Judge j Edger's decision, even if erroneously arrived at, in not giving notice to the natives, was still absolutely correct in law, because, as the Government had the right to take the land without compensation for making the railway, they also had the right to sever the land. The Court regerved it» decision till 10 #..— . to-morrow.