Trespass defence rejected

Press, 5 August 1985, Page 4

Trespass defence rejected

PA Gisborne The belief that 2.8 million acres of east coast land has been returned to the Maori people was scuttled in the District Court at Gisborne on Friday during the first of the trespass cases involving Ruatoria Rastafarians. Central to the defence of a man charged with trespassing on Koura station at Wharepoonga was the interpretation put on a letter sent to the Hikurangi mountain claims committee by the Minister of Maori Affairs, Mr Wetere. Judge Hole told witnesses for the defence he did not agree with their interpretation of Mr Wetere’s letter and believed they had completely misrepresented it. The land ownership issue

was the key feature of a case against Christopher Karaitiana Campbell, aged 28, unemployed, who was charged with wilful trespass. Campbell was found guilty of the charge and remanded in custody to today on this and other matters for which he faces Crown depositions. Through Mrs Sue Nikora and Mrs Jill Kaa, researchers for the committee, the Court was made aware of the contents of a letter sent earlier this year by Mr Wetere in answer to a petition seeking the return of all lands from Mount Hikurangi to the sea. The letter said that research into the claims was complete and those in

relation to blocks of land at Mohaka and Awapuni appeared to have some substance.

The witnesses clearly interpreted this to mean that all other claims were upheld and the lands returned, with the two specified blocks still to be resolved.

The Crown and Judge Hole saw the letter differently. As the Judge pointed out in his decision, it was clear the letter meant that only two claims had any substance. It then followed that the other claims had no substance. He believed the witnesses had completely misinterpreted the letter. He was satisfied the evidence before him ghowed that a trespass

notice was entitled to be served on Campbell and that he wilfully trespassed after receiving it. The Court had heard evidence of Campbell’s being warned earlier by Koura station proprietors to stop trespassing. He was served a notice and was later found in a dwelling on the station known as the Top House.

Evidence of title of land was presented to the Court, including certified copies of consolidation orders of the Maori Land Court. The land in question was vested in the Crown and the lease transferred to an incorporation.

In essence the defence was based on the right of access to ancestral l£,nd, a

right Campbell believed he enjoyed, regardless of titles. Tracing his own genealogy, Campbell told the Judge he believed he had a birthright to come and go on on ancestral land as he pleased.

In his decision, the Judge said it was clear there existed a Crown lease on the land and there was nothing in the certificate of title to say the lease was surrendered or no longer existed. On that alone the Crown’s case succeeded but it was important also to look at the letter of July 18 from Mr Wetere — a letter the Judge was in no doubt had been “completely misrepresented” by the defence.