NATIVE LAND COURT.

Dominion, Volume 1, Issue 108, 30 January 1908, Page 5

NATIVE LAND COURT.

SCENIC RESERVE AT TLIMMERTON. QUESTION OP COMPENSATION..J [ f Chief Judge Palmer yesterday delivered/ 'judgment, on tho question 'whether tho Crown could withdraw an application lodged by tho Minister for Public Works, under Section 91; of -the-Public Works Act, to ascertain thp« amount, of/compensation paynblo to' tho Natives interested in a block of land: at Plim-« . tnorton,>.tftken : undnr tho Scp|)ic Preservntioiii ;Aot. Mr. 11. D. Bel], K.C., on bohalf of thoj Crown -had submitted that tjio-Native Lands' Court hitd.no jurisdiction', in tho matter, audi that the claim'could.only btv determined by Compensation Court set up for that pur-' pose. On the other hand, tfr. C. H. Troad-j "well, -on behalf of-the Public. Trustee,- hadM •contended that prior to its acquisition tW ■land .in question was Native, land, and that] the Native Land Court was bound to proceed' with the hearing of the application. i • "Until, the passing of tho Native Reserves} Act, 1895, the land.in dispute , was, "Chief! 'Jiidgo Palmer be|d, .."vested in one' Wi( ■Pftrnta for. a burial ground for the Ngatitoa'l tribe, but bv that Act it been me vested in/ tho 'Public' Trustee as'a Native reserve for' purposes mentioned in that Act. Ilv Sectioni 32 of the Maori Land Claims Adjustment Act) 19QG, the land was made r. scenic reserve.' In September, ,1907, the Minister for Pnblia Works applied to the Nntivo Land Court to l , assess compensation to bo on. id for tho samo' under Section 91. of the Public Works Act' 1905," and on January 21, IPOB, the Ministet Withdrew tho application. This withdrawal' was opposed by the Public Trustee, and the! preliminary question whether the Minister, had power to withdraw was brought before the Native Land Court for decision. j "The finding of the-Court is that tho lan<V in question was Native land nnd thnt this' Court hag jurisdiction, also that as Scction/ 91 of the Public Works Act provides thafe tho Minister 'may' make application to assess compensation and that tho local authority 'ahull' do 60, therefore these wordy are-used in contradistinction to each othert and- it is obvious that the Legislature in; tended that Imay', should not mean 'shall. Tlio Minister was nqt compelled to make ths application: therefore, the Crown has the prerogative right to withdraw the applies tion. As the Crown is the guardian of tba Native rights tho Legislature no doubt loft it in tho hnnds of tho Crown to deal fairly with tho Natives and so purposely used in Section- 91 tho words 'may 1 when applied to the Crown, and 'shall'., when applied to the local authority. ■ .

Tho Nativo Land Court resumed its sittings yosterday morning, Judge Johnson pro* siding, and Mr. 13. Nicholson acting as As-' sessor. 'l'ho business oonsisted of applications for partitions, successions, and confirmations of leases. It is not improbable that the Court will sit hero for a month. " Tho sittings will bo resumed this morning.