THE WAIMARAMA CASE.

Dominion, Volume 1, Issue 204, 22 May 1908, Page 4

THE WAIMARAMA CASE.

PROCEEDINGS REOPENED. SUGGESTIONS FOR A SETTLEMENT. , Po ,long-standing: Waimarania ';caoe, concerning a leaso of 5000 acres'.'in tho A\'aiinarama [Block, -Hawke's ißay, granted-'by ; special legislation toVMiss'- Meiriertihagen', tbp area- of -which please - was ~subsequently '..'defined by .ihe.Nativo, Land Commission, .was.- . unexpectedly reopened "•-'Mr. .Sker-' rett,-on behalf of tho noil-lessors, Mrs. Don-nelly-and Iraia Karauria, brought forward.'a' new issuo before tho Nativo Land Comnusi. sion, .which ..was: Eepresonted..by. its..Chairman. (Sir Robert Stout), Mr. Ngata,' M.P.,-.being absent; .....Tho argument was heard in the . Supreme Court. 'Mr. Lowis appeared' .with' Mr. Skerrett, for the non-lessors, and Miss Meinortzhageri .appeared on horown behalf..,. I'he .Chairman,'.(Sir,,Robert .Stout)' ask'edwmit .was! .reafly. itho'goiht-iloft-an dispute! ; . -Mr. Skerrett: replied ' thai 'so'' far'' as (His. clients jrero poncernod - it 'was-'wlidther; 1 'jn ; . the lease :of .5000 (icres: to .Miss ■Meinortzha«gen,_ the area of ,60 . acres" in,. the northern portion should' be .' . iV: 'i. .' ' Cliairman -" siippased ".that thoro wcto-^ 1 . also, disputes regarding use of the land, ren- • tal,-and occupation, f . ' .Skorrett said that he supposed so, but*' ■ Do action had been taken. ..by his -clients -into: them:; • :It;,was,.claimed'th'ataih.! vahc|atiiig_ by stAtute' l the''l6ases t ;grh,iited'.'to.' . Miss; Meinertzhagen, ; amounting, to 5000! acres, the Government did not mnaii to niako . any..dissenting persoiis lessors to, her,- and liopiresiimed that iliss Meinertzliagen also did ; .not .wish such persons to bo -made Tho Chairman said that tho point was, apparently, -whether rfchoT Commission - had poweiv to grant a lease of a piece of Janjl .'to which' tho .lessors 3 : title'_ was. not.."conclusive; 1 the. . .lessors.'Jiad' an'interest." m it, but other per-, sons .plight also liave .an interest. ' ~ " Mr. Slcerrett -said that ;Mrs. Donnelly and three", others ,were exclusively interested in" thp area : of 60 acres; : two .of the foiu' .wcre' 1 lessors.'' . ' . ' ' .Tho Chairman ' said that: tho : CommissiW* had allotted' Miss Meinertzhageri'..;6o; acre's, 1 .which, until the Native Land Court intervened, -.they would say. .belonged, to. her. ffiio i ■ Natives-who liad. interests .with Mrs. Don- - nelly, granted : Jeasos: of- all : thoir interests,' and tho. 60. acres .which-they: had been-asked to givo was,, only a very small proportion of - those. interests. ■ The- sole was, oould the .Commission, grant any. portion.!of.the lessors' interests- befor,e-> s.ubdiyision -'by. the Nativo Land Court?.- .. \ ■ ; Mr. - Skerrett agreed 'that"'..that • was the,' real point. A COMPROMISE SUGGESTED. • The Chairman asked if Miss. Meinertzhagen ..' would be'', content to givo. up -.this particular area, and take .60 acres oil. another part of the .bjoclc, on ■ condition that the parties should" agree, .through: an independent "arbitrator.. if' -they ..wished,• i -to'''spttle''the'-"-jvholo". - question of 4he accounts between them. An-other-'area of: 60 acres would do practically as well, 'and .the litigation 'wouid! .be., settled. He thought ..that "Mr. 'Ngata, l 'though he had not .cqimunicated jrith. him,. Blight -agfee ,to j could, obtain: :• her lease />f ..the .-new of 60 acres at dhoq. ; ,Miss Meinertzhagen said tl}at! ; !;ish,c , had. been absolutely ignQrant of tho cation, or of its .purport.' : She had receiveci no' notice ; from'.Mr'.. Skerrett .or his clients in respect, of tho. matter! f'ftlvTfcji $ C Mr..; Skerrett■•cbuld not j'say at'.qnee jjf 'he • would.'.be. s satisfied tsolution,of tlie <* difficulty i suggested!'i ' ' ■'.- V. : The . Chairman said'.that there was a legal question vwhether tiio Commission, had powers: :to make tho 'awArd under.'the ciraimstSncesf '' He suggested. that' the Ijiould 'be journed' .for a 'few it parties-imight.come to ai'decisio'fi;Jf'possible. ' .Otherwise there . was 1 only the' prospect , of ; endless, litigation-for nothing.; • Mr';;-,.Skerrett-' agreed, that tie. 60 ;thems6lves-were of 'no'great ..valu'o:! ' .: 'The Chairman said'that it'Vsremed to him., . !to" be., purely a 1 question Of' feeling, andfiiot' 1 ■' of. business, values. "• '-Jt" 5 Miss Meinertzhagen to taj;Q'','t!;'o, 'ot!fe ; r' piece of _ land,; which he: w_ai^certairii' ; 'froni examin.ation,::w.as not so, con-. venient,'.to,-]her ji):oolshed. /It Jiadjbeen pail? sumedv that 'the..-Commission, liad power.|to ' take _ land from_'all the ■ Natives who. signed, but if a. subdivision were bo held that, the areas. of: the,t«'o:lessors. Pani' Ka.rauj'j^; and;"Tu TiakitaiF were situated somewhere else.'. He 'suggested '.that r.n adjournment, should be made uiitil 11 o'clock. Both parties, no doubt, had feeling "in the matter, Jjj.it pe strongly urzod them to consider whether the course which lie. had re-, commended would n.ot satisfy them. ' ■Miss. Sa?iMr^^n^§wid""^)iat' > ' always been' ready,'--:fromUlior begiripjiiVifaj l , submit the' matter, to arbitration, ana! she would bo satisfied to do'so nqv//.'." ;'- ■;' fi' ~ f ' , ANOTHER GRIEVANCE.-: i

Mr. Scannell i-aised,.another grievance ...on. "behalf of Moreliu' Tiiroa and' other who w.aiited possession of a '.certain', strip of" Bandy.', beach -'which had ; been'' given" 1 to/' 'Miss' lleinertzhagen. ' •> "'. .- ' The' Chairman said that the ; 'Commis'sibn--had tried ;to, by ail [parties,' aiid' they .had, given Moreliu 'i'uroa..'otlibr laftdiJ The" piece slie wanted. now was! !-!worthless:': He; had heard; that'. it would.-make f ja" fmc, sito for a to-,vns)iip, .but tliore, was.Jife -irijisa". of better, frontagp to - the beach . than;-,thi5;,!.,.. . ' After further. discussion.,the.!. .Chairman said that personally ho :'wa!s opposed to the application. 'The'-Maoriß'--wifl^-wlom? s £B'6'' Commissipn had had' dealings- throughout tho' rest of NeWpZealaiid; had had no trouble' in seeiw! • what-' was --rei'sbn>Kle r .and , '*right." Why there should :.be',.so ; much,,trouble about) !VY.aimarajna ho could not uriderst-and. 1 '.. .

/ The PJiairman's remarks we.ro interpreted for tho benefit of several .Natives present at tlie Court, including ;Morehu Turba.' .. - The Chairman'' said that if-!tfio, land had been of any ,use ' to! the Natives lio might have considered, tjie ; apjiliqatlon, but in hi& opinion it'.wdulS'not'be if ,any, use to them.' . Tho Commission then ; adjourned, thc(Jhaii:-j man stating that unless; the Natives, wan tedto have their money - wasted by endless litir . gation thoy. . would •do j well, , ; in; hisj .opinimi, to fall in with the award mn.de. - ; SEEKING.. ABSOLUTION. ! Whep'the'! Coiriinissioii resumed, Mr. Sfccrrett stated ,that he had - not heeji pble.-.tp see Mr? Donnelly, but : he knew his views, and lie-had-prepared a mcniohn'dunr of!;whi>t ho (Mr. ; Skerrett) would; suggest. . He' would be able-to see Mr. Donnelly immediately. Tho.Chairman said that it would bo better for air parties to comp to an arrangement, ' After! further arguments it was suggested that Miss! .•Meincrt'zhagen might accept' two areas each of thirty acres, m place of the . area in" dispute. . : --Tlie- point -was ; raised'that -Mr. -DonneHv' had paid-.-to..Natives -half-:a. rent for occupationof- land 'l.whioh,' -it,.-,was'!'.claimed/■ had been granted! by them to 'Miss Jleinertzhagen, who, therefore, claimed the renta).' ' - Tho,Chairman 1 advised that .Mr.' Donnelly, should witjihpld future payments, after ono no"' due, -until disputes between the parties were settled. : . . -

. Morehu; Turoa 'complained that sho and hoi 1 ; : Jiapu' Wetfo' placed in' aji unfavourable po'sitio'iv .by tho last report. She was most : anxious, to. obtain a part of the sea-frontage near .Paparewa,, and instead she had given land inland. The Chairman replied that'if tho Legislature had allowed the Jesses to bo carried out on the terms, which she herself had signed, she. would have lost all. her 1 land, instead of getting- half of it. Thoro,was nothing; to prevent her .makiug further negotiations with Miss Moinertehngen/ ' ' The Commission again adjourned' till the afternoon to enable/soma agreement' to >be made regarding the area of sixty'.acrca'.;'," more difficulties: . : r Wlion tho Commission resumod, Mr. Donnelly also attended,-- Miss Me'inertzhagcn eanio provided with 'a'memorandum 7 of con-' ditjons which sho was willing, to,'accept,-r(n(l tlidso' veto considered 'onn by one. "Tho transfer of tho sixty acres, which the chairman had indicated in exchange for tlia ; disputo was not found practicable. Mr. Donnelly- offered to give Miss Meinertzhagen, in exchange, thirty acres on tho other side of the. block,, tho land of which was admitted to bo twice as valuable for farming purposes.

1 Miss,''MghVc|;Ezhagen urged that this area 'wonld 'bfl '-to' her 'homestead, and thereforevmuch ] ess valuable to ho:, than tho sixty acres causing litigation. The Chairman. adsjijsgtl .'her to agree to tho •transfer, as he",know'.the respective values of the land. Meinertzhagen was resolved, howevery'«<s to accept less, than sixty acres in return-:, sixty. .It, seemed .inippssibjo to arrive .at an agrec'tho*'Chairman .recommended Miss Mciiidn^hfison a tb I> talre advice oil the matter, »nd<<oohsi<lor>''iteifufth'or. If •-she and -Mr.' iSkerrott could gom,e to an .agreement on tho subject,..jthcy ;cQuMrteicgraph tho result to hifii the'following'day ut Napior.. ; Tho Commission then adjourned. •'?No agreement had been arrived at Jast night. i