ORAKEI MAORIS.

Auckland Star, Volume LXIV, Issue 285, 2 December 1933, Page 16

ORAKEI MAORIS.

INJUNCTION SOUGHT.

CROWN LAND RIGHTS. ALLEGATION OF PLOUGHING. An injunction prohibiting the Maoris of Orakei from ploughing, fencing, building on or cultivating two pieces of land —12 acres and nine acres—at Orakei was sought by the Crown before Judge F. 0. V. Acheson in the Native Land Court yesterday. Mr. O. A. Darby appeared for' the Crown, and the interpreter was Mr. C. Newton. The Maoris told their own story. - "It is alleged that the natives —one in particular—have erected fences and ploughed on one of the areas in question," said Mr. Darby in outlining the Crown's case. "They have probably destroyed the pasture on one of the blocks. It is rather to prevent any further destruction that the application for an injunction has been lodged. The area concerned is 2 roods 35 perches, with a road frontage of 35 links. It is feared , that these operations will be extended, and the Crown therefore asks that an injunction be granted, restraining the natives from . ploughing or destroying the present pasture, fencing, or buildings until the next sitting of the Court. It is then hoped that the matter will be finalised 011 partition." One of the Maoris complained that sheep had spread over the property and had eaten her potatoes. Mr. Darby said that the Crown did not own any sheep there. A Maori woman, claimed to be a descendant of those who had originally owned the land, said, she intended to remain there. Mr, Darby contended that before destroying the pasture the interests of the Maoris should be defined on partition. The Maoris had been using more land than they were entitled to use, and they had been generously treated by the Crown.

Court's Attitude. "The Court at all times has been willing to go ahead with the partition," said Judge Aelieson in reviewing the case. '"The Court disclaims any responsibility for any delay. It seems that this partition should have been prosecuted long agol Times are exceedingly difficult for the natives at present, and they find that they must cultivate any suitable land to provide food—even against the Crown's wishes. It is perfectly clear from a legal point of view that the non-sellers have a legal right to use the land on any part of the two blocks concerned. It does not seem unreasonable that this particular area should be Used, but common sense indicates that the natives do not intend to stop at half an acre. That is where- the difficulty arises, and the Crown was entitled to assume that the operations would be extended."

Judge Aches on said that the Lands Department did not want to be unfair. The Oourt could not agree to the Maoris taking the law into their own hands. They were not entitled to spread their occupation indiscriminately over the two blocks, nor did he think that wise. The judge suggested that the Maoris should appoint tlieir own committee to approach the Lands Department and ask that a friendly arrangement should be made. He was alarmed to hear that they had been ploughing on Crown lands as well as their own.

"You have a very strong case at Orakei without going against the law," he said. "Your case is much stronger than most people realise, and I advise tou not to spoil it by any wrong action. You will only antagonise the very people who can help you. I advise you to press for legal and moral rights only, and if you get those you will have enough. The moment you take the law into your own hands and do a wrong thing I am out of it.

Application Refused. The application for the injunction was refused, but the judge stated that if there was any serious, extension of occupation he would issue an injunction. If there was any undue delay he would-make a, partition, "I would like to draw Mr. Darby's attention to the fact that this is not the first time that the Orakei people have not been able to get on with the case, but I am not suggesting, that' there is any personal fault. Delays are unsettling to these people. They are almost encouraging them to take the law into their own hands. I ,ask that •next time all-is ready." Mr. Darby said he regretted that he was unable to go on with the partition that day owing to the fact that certain information was n6t available. He would: do his best to see that they had a good fight next time.