ORAKEI DISPUTE.

Auckland Star, Volume LXIX, Issue 155, 4 July 1938, Page 11

ORAKEI DISPUTE.

ROYAL COMMISSION.

SITTING IS adjourned:

MAORIS' CLAIMS INQUIRY.

An investigation into grievances by Maoris concerning land transactions at Orakei was begun to-day in the Native Land Court, when the Royal Commission set up by the (Jovernor-Oeneral held its first sitting. Mr. Justice Kennedv presided, and after hearing counsel foV the parties concerned adjourned the proceedings until Monday next. Mr. V. R. Meredith ap'peared for the ( rown. Mr. K. Forrest for the general trust board of the Anglican Diocese of Auckland, and Mr. J. J. Sullivan for all the natives living on the Orakei block who are interested in the proceedings.

Mr. Sullivan stated that the natives wcic a little disappointed at the scope of tlie inquiry as Gazetted, but reeognixed that the commission's jurisdiction was clearly defined within the units set out. The Orakei question had Ix-oii inquired into bv two commissions, in 1!)0S and 11)28. " The report of each commission had been satisfactory to the natives. However, thev had come along to give evidence a third'time. The natives felt that thev were at a disadvantage in presenting" their case as a venerable chieftain, Wiremu Watene. who had pi veil evidence before the 1008 commission, had died, said Mr. Sullivan. It was proposed to applv for permission to have the minute book of the chief's evidence accepted bv the commission. Futhermnre, it was "neccs sary to examine a mass of documents, including all the transfers of the Orakei block, all the valuations, and all the receipts signed by the natives, a procedure which would save a considerable time in Court.

Shortness of Notice. Mr. Sullivan pointed out that thp warrant was dated only June 22. and it was only last night that the natives decided whether they would come to (ho Court today or not. At least three or four days would he required to sift the documentary material. Another point was that 'certain of the clauses dealt with the area of land on the hill known as the church site, and this would he the subject of an action in the Supremo Court on Thursday to decide whether the natives had a 'prescriptive right to the land or not. This action, in which both Mr. Meredith and lie were engaged, would last two days, and was of interest in the present proceedings. Mr. Meredith stated that a measure o; collaboration between counsel woul I enable the proceedings in Court to be cut down considerably. At the sain'; time it could not be denied that the hearing would last some considerable time. His Honour intimated that he proposed to inspect the land thi.s afternoon. He could not sit in Auckland after July 14. as the Dunedin criminal sessions opened. However, if necessary, he wsuld return as soon as possible after the session. He would adjourn the Court to Monday next at''lo.3o a.m. Points at Issue. The order of reference embraces points which have l>een the cause of friction for several years. One of th" issues concerns about four acres of land on which i.s a house blocking a roadway that serves the State housing subdivision. This area was a reserve granted by the Crown to Bishop Selwyn for a burial ground and the endowment of a native school. Legislation in 19-25 authorised the sale of the land to thp Crown.

Other points at issue are whether the Crown paid to vendors fair and reason able prices for their interests, and whether the purchase money had be?n paid to the native vendors; whether the Maoris who occupy sections of the land bought by the Crown have any right or justification for continuing to occupy the land and for refusing to vacate it so that the Crown may secure vacant possession.

Particular interest attaches to the dispute in connection with the Maori settlement on the waterfront at Orake!. Several years ago the settlers there petitioned the Government for the return of 40 acres on which part of the settlement exists. This was originally held by the Crown. The Commission is also being, asked to decide the future of about 00 acres of land over the hills. The Crown has been asked to relinquish land valued at about £50,000 for building sites, the area at present being used for grazing purposes.

An investigation is also being made into whether an agreement tm made between officials or agents of the Crown and Wiremu Watene or Wiremu Watenc Tantari that he should be entitled at a future date to repurchase from the Crown an area of six or seven acres.at Orakei and, if the agreement was made, whether he made application during hi> lifetime for the re-transfer of the land.