FULL COURT.
THE WAirfIARAMA BLOCK, MRS. DONNELLT v. MISS MEINERTZv HAGEX. AMICABLE SETTLEMENT. . Tho hearing of the case between Mrs. Arini Donnelly and Miss Gertrude E. Meinertzbagon was. continued in the Full Court yesterday. " Mr. Bell, K.C. (with him Mr. Skerrett, K.C., and Mr. H., Johnston) appeared on behalf of Mrs. Donnelly; Mr. D. M. Fi'ndjay for tho Attorney-General; and Mr. Morison for Miss Mejnertzhageii. -. This was an application' for a writ of certiorari, to remove into tho Supreme Court thereport of'•the Royal Commission defining the boundaries of the block of .5000 acres, the lease of which has been awarded to .Miss Mojnertzhagen wider 'statutory. ' authority. Tho ground on which [tho application' was based was that thq Conunissiqn ljad included in t|ic Ijlock GO acres out of 96 acres in tho ownership pf, which Mrs. Donnelly and another who had not cxeduted leasps to Mjss Meinertzhagen wcro as I much interested as Were the owners who had executed leases. At tho conclusion of; "argument. for t|ic plaintiff,.- tho President j'.of thq Cqurt sug-' gested that the parties (should confer as to. terms of.tho Order-in-Council validating the leases. •■ , . j- : ' After tho parties had) taken time.-.to consider tho . matter, they, qmiounccd', tjiat they had arrived at an agreement tho . tpxt of which' was briefly • as staiuling tho inclusion o{ tho GO acres (portion pf;thp 06 acrcs in tlip area "of .it is still,.the function and duty "of the Native .Land. Court _to determine, upon parti.tiqn, the respective interests' of the lessors anil non-lessors in the ,9|i acres; and, in "arriving, at that' decision!','.the Nativp Land. Court is not in any way lfoiuid by'the.divi'sioji suggested pr made by'tho Native. Landi Coniinissioners'in their Jast j-eport." , In giving judgindut on the question qf costs, the Court said:—'fWe don't think that We should giv'p'cbsts to cjefejidaut. Tlio view qf the Statuto taken by tho Commission was Dot the oho. which was taken by defendant. It seems to lis, therefore, . that plaintiffs wero .justified in instituting'proceedings''iii qrder to ascertain whaf" tlio position was, and in tho course of the iirocoedmgs ail agreement has boon arrived at; Tlio effect of that is to really 'benefit both parties who now know what they did not know before, i.e., pxactly what tho position is and what the Native Land Court has jto dp. Defendant ought not, therefore, t<) be granted costs. Wo shall'allow-tlio Attorjioy-Gencral £30." T
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https://paperspast.natlib.govt.nz/newspapers/DOM19080730.2.21
Bibliographic details
Dominion, Volume 1, Issue 263, 30 July 1908, Page 4
Word Count
396FULL COURT. Dominion, Volume 1, Issue 263, 30 July 1908, Page 4
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