CLAIM FOR CONPENSATION

Dominion, Volume 2, Issue 336, 24 October 1908, Page 4

CLAIM FOR CONPENSATION

IMPORTANT LEGAL POINT,

EFFECT OF A. MAORI MARRIAGE.

Cm - ' TELEORAPn—PEESS ASSOCIATION'.) . ' Auckland October 23.

A claim for compensation of a more thanusually interesting character was heard at the Arbitration: Court to-day. It was a claim for £200 compensation Brought by a Maori under the Workers' Compensation for Acci-dents-Act, in respect of tno death of his son through an accident. The claimant is John Puhi Matthew, a carpenter, wllo was represented by _ Mr. F. Earl. Respondentsuare Messrs. Gibson and Fyfield, sawmillers. -■ Before opening his case, Mr. Earl said that, apart from the merits of the case, a very important question of law had been raised by counsel for the respondents as to the effect of a Maori marriage—firstly, a marriago according to Maori custom, and secondly a marriage by a Maori clergyman, perhaps not in strict accordance with the Marriago Act. In the answer to the claim filed it was claimed that the claimant was not the father of The circumstances of the case were, briefly, that claimant was a Native, and was 'married, according to Maori custom, to his wifo some twenty years ago. Ho lived with his wife and with no other woman, and according to Maori custom she was his wife. There was a largo number of children, issue of the marriage, tho i eldest of whom was the unfortunate boy who was killed in accident, and who was at the time of his death 18 years of ago. He was born while the parties were subject only to marriage by Maori custom. There were further developments in the matrimonial history of his parents. The parties lived. together under the Maori marriage until 1896, when, on the solicitation of some of their European friends, they were married by a Maori clergyman at Waotu, in the Waikato, and they had since lived together under their European names. The question would arise upon those facts as to whether the the natural fatter of the boy who was killed, was the father within tho meaning of the Act, and therefore a dependent within the meaning of the Act. He asked that evidenco bo heard to-day, and that argument on tho question of law be heard during next week. Mr. M'Veagh, for respondents, recognised that the question involved was one' of a very important character. It was one that affected the legal status of a great many of the inhabitants of New Zealand. The claimant said he had beon married when ho was between 18 and 20 years of age, according to Maori custom. The marriago was arranged by the chief of the Ngatihuri and Ngatiraupawa tribes. His wifo had been given to him at a meeting. That was thn usual method of a Maori marriage Witnesshad'gono through, another form of marriago in 1896. at AVaotUj the ceremony being conducted by a Maori Church of England clergyman, as his father, not liking the old Maori method,- desired him to bo'remarried. _ Tho case was adjourned until Tuesday next.