A NATIVE LAND TRANSFER

Dominion, Volume 15, Issue 12, 8 October 1921, Page 3

A NATIVE LAND TRANSFER

MOTION FOR WRIT OF CERTIORARI. The Court of Appeal yesterday heard a motion for writ of certiorari, in the matter of a recommendation from the . AVaiariki -Maori Land Board, ady.sing the Native Minister to consent (in terms of section 298 of the Native J,and Act, 1909), to certain transfers from Rewetl N-mtai and others. to Albert John Rhodes, of Te Tcko. Auckland. The lecommendntion of the Board was in connection with the transfer of a certain lot, .and the Crown’s reason for asking that the recommendation lie quashed was that, it was made without jurisdiction. The Attorney-General (Sir Francis Bell) and Mr J. Brandsville appeared for the Crown, and Mr. M. H. Hampson for Rhodes and the board. It may be explained that a 'writ ot certiorari” is the process by which the Supreme Court, in the exercise of its superintending power over inferior jurisdiction*, requires the Judges or officers of such jurisdiction to certify, or send proceedings before them into the Supreme Court, whether for the purpose of examining info the legality of such proceedings. or for giving fuller or more satisfactory effect to them than could be done by the Court below. Sir Francis Bell contended that the writ should be made on the ground that there had been no meeting of assembled owners before the transfer of the property—the "Ngatai" block. A Native, he admitted, could alrnate an equitable interest (by section 83 of the Ant of 1913). No owners had been assembled under Part XVIII of the Native Land Act, 1999. This fact was established by the affidavit of one Henry Seymour King, of Rotorua, Registrar of the Native Land Court. Mr. Hampson opposed the application, on tho ground that there had been no need to have assembled the owners. The Court reserved its decision.