TITLE OF RIVER BED

Press, Volume XC, Issue 27403, 16 July 1954, Page 7

TITLE OF RIVER BED

COURT OF APPEAL INVESTIGATION CLAIM BY WANGANUI MAORIS UPHELD (New Zealand Press Association) _ WELLINGTON, July 15. ine Court of Appeal, in a majority judgment given today after an investigation m July of last year into the title or tne bed of the Wanganui river lying between the tidal limit at Raorikia and J“ e , J unc tions of the Wanganui and. u r i ver s above Taumarunui, vJ e^-h^ bed in 1903 was land held by Maoris, namely, the Wanganui tribe, according to their tribal customs and usages. Since the hearing of the investigation, Mr Justice Northcroft, one of the presiding Judges, had died, but Mr Hutchison said in his judgment tnat the Court had jurisdiction to give judgment, and that although counsel had been given the opportunity of a rehearing, both counsel had intimated at that stage that they did not wish a rehearing. Mr Justice Hutchison, Mr Justice • °? j* Mr Justice North all rethe . contentions of the Crown that the river in the defined area was a navigable one, that the rights of the Maoris consisted solely of fishing and domestic rights together with the right of navigation jointly with others, and that.on the Treaty of Waitangi the bed i ‘■b® river vested in the Crown. They also held that the position was not afthe Wanganui River Trust an< * its amendments. Their Honours were of the opinion that it was not possible on the evidence before them to decide whether the presumption of ad medium filum applied, and adjourned the case for future information on this subject to be placed before them. • Justice Adams, in a minority judgment, supported the contentions of the Crown that the river was not uwued by the Maoris in 1903, and held that the ad medium filum presumption did apply. The Solicitor-General (Mr H. E. Evans. Q.C.) and Mr E. J. Haughey apgeared for the Crown, and Mr F. C. Spratt and Mr C. K. Stone appeared for the Maoris concerned in the investigation