Maori Court ruling upset

Press, 29 July 1978, Page 3

Maori Court ruling upset

p - Auckland The lease of a Maori land block in the Bay of Islands, to a building firm, has been set aside by the Supreme Court and the land returned to the Maori trustees. The Ngatihine block had been leased to Carter Holt, Ltd, f7r the plantation of ar pine forest, but Mr Justice! Mahon ruled that an order! of the Maori Appellant! Court, in August, 1976,1 d:recting the execution of ft.- Carter Holt Lease, was' made without jurisdiction. The future of the land! now rests with the trustees,! who are the legal owners, without any commitment on them to sell or lease to anv> one. He also ruled that the removal of one of the Maori trustees by the Maori Land Court in December 1977, should be set aside. The Court had ordered the removal of John Graham Alexander from the board of trustees. Mr Alexander, a farmer from Okaihau, had refused to sign the docu- , ment, which leat.d the 5514hectare block of land to Carter Hou.

He had applied to the Supreme Court for a review of the decisions of the Maori Land Court and Maori Appellant Court. His Honour said that a key factor was whether the Maor. Appellant Court had

its jurisdiction by substituting a lease in place of the riginal lease, and then irecting that all trustees ign it. Th<. Court had usurped the power of the trustees. It was for them, not the Court, to settle the t- ms of the lease, 'His Honour said.