LEGAL POINT.

Auckland Star, Volume LXVI, Issue 244, 15 October 1935, Page 11

LEGAL POINT.

RAILWAY CROSSING. NATIVE COURT'S ORDER. JURISDICTION QUESTIONED. Whether the Native Land Court had jurisdiction to order the construction !of a crossing other than one offered by the Public Works Department was a point brought before Mr. Justice Callan in the Supreme Court this morning. The point was raised in a motion for a writ of certiorari brought on oehalf of the Minister of Public Work's against L. Parore, a native, and his brother, P. Parore, and also against a judge of the Native Lands Court. The action arose out of an award for compensation made by the Native Laud Court in February, 1933, in respect of the taking of land for the DargavilleTangowahine railway. Mr. Hubble appeared for the Minister of Lands, and ! Mr. Colliding for the Parore brothers. Mr. Hubble said the Native Lands) Court judgment awarded the native owners of the land taken £15, and £105 general damages for severance, and also ordered the Railway Department to construct a crossing in a certain place, other than the one offered by the Department, to give access to the severed land. The Crown asked that the order be quashed on the ground j that the Native Lands Court had ox- | ceeded its jurisdiction in ordering the crossing. Mr. Goulding, for the natives, contended that the Native Lands Court had jurisdiction, but if it had not, then the Supremo Court had discretion as to whether the order should be quashed or not. liis Honor said Jie had read the papers dealing with the case and it struck him that thG order did not really follow the judgment, ft seemed to llim that the judge had said that the Department should do a certain thing, but if the Department did not do it, then substantial damages would be awarded. Mr. Hubble agreed, but contended that the Native Lands Court had no jurisdiction to order the crossing as it had done. Judge Acheson had plainly said that if the Department did not proceed and construct the crossing as he decided then he would award increased and heavy da inages. His Honor: The Department, of course, is determined not to construct a crossing as indicated by the judge. Mr. Hubble: That i«s so. We are prepared to construct a crossing and have offered to do bo. His Honor said it seemed to him that the proper thing for the Department to do was to write to the Native Lands Court and state definitely it was not! going to put a crossing where required by the Court. Such a step would have brought a definite decision from the Court, and then if increased damages were awarded, the Department could appeal. His Honor said it seemed to him tho Department was asking to have the award quashed without first exhausting all tho channels open. Mr. Colliding said the Department had placed no plans of any proposed crossing before the Native Lands Court. His Honor: What you really ask me to do, Mr. Hubble, is to bring the order to this Court and strike out parts of it. It is perfectly clear that Judge Acheson intends that the Parores shall get more than .€ls for tho land if the crossing is not constructed as directed. Mr. Hubblo said he did not suggest tho award was wholly bad. It was not contended tho Parores should not get any money. Among tho submissions made by Mr. Gouldiing was tho contention that the Native Land Court was the only court that had jurisdiction in native land compensation cases. (Argument is proceeding.)