NATIVE LANDS COURT.—Friday.

Daily Southern Cross, Volume XXVII, Issue 4235, 11 March 1871, Page 3

NATIVE LANDS COURT.— Friday.

[Before Judges Munro and Maning, and Natire Assessors Rawiri and Harewi1 rikaica. The Te Omahu Block, a Portion of the AROHA.—Mr. Hesketh for the Ngatimaru, with Messrs. C. O. Davis, James Mack*y, jun., andJ. C. Young, acting as. interpreters ; and Mr. Bennett for Te Wliare : Nui, and Messrs. J. W. Preece and J. P. 1 Hamlin interpreters. ' This was a new phase of the Aroha inquiry case. Te Whare Nui set up a now claim to the Omahu portion of the Aroha block, claiming through some of [ his ancestors of the Ngatihaua tribe.— Mr. | Hesketb, on the part of the Ngatimaru, objected to the claim of Te Whare Nui being heard, on the following grounds :— That this case is a re-hearing of a former claim, and that when the claim was formerly heard before the Court Te Whare Nui did not appear as a claimant ; and that the re hearing should be only of those matters which were before the Court on the first hearing, prior to the delivery of the judgment. — Mr, Bennett, replying on behalf of his client, argued to the contrary, and that new claimants might come in. — Judge Munro delivered judgment this morning upon the above objections of Mr. Hesketh, as follows :—lt: — It is self-evident that an order to re-hear a claim means to re-hear the same claim that was formerly heard, that is to say that the land claimed at there-hearing be the same, and that the claimants who claim it should be the same persons. Now, should Te Whare Nui be allowed to appear in the case as a claimant, those conditions would not be fulfilled — firstly, because he did not appear as a claimant at the first hearing, and secondly, because the laud claimed by him is not the same, but only a part of the same land that was claimed at the first hearing. The appearance of Te Whare Nni as claimant now would also involve the irregularity of having two diffeient claims before the Court at the same time. I am, therefore, of opinion that Te Whare Nui cannot be allowed to appear before the Court in this case as a claimant. There is, however, nothing in law, nor is there any equitable consideration, to prevent Te Whare Nui from coining into Court as an opponent to the claim of the Ngatihaua ; and, indeed, this is not only the only character in which he can be allowed to appear, but it is the proper position to take up, inasmuch as his claim is that of an individual claiming a part of a block of land, the whole of which is claimed by 'the Ngafcihaua tribe, and consequently whatever he may or might gain would be so much lost to the Ngatihaua claimants If Te Whare Nui take j up this position and comes into Court » a a } 1 opponent of the claim made by tt} Ngatihaua for the whole block, ho will be in as advantageous a position ror procuring a recognition of his r^ts by the Court as if he had held thp position of an original claimant; but if te should decline to do so, and neglect to avail himself of the opportunity now open to him of proving his title, I do not think that this Court; could be called upon to take any cognisance o£ any future claim he might mr.ke for the same land. — Te Kepa Itingatu,of the Pirirakau and .Ngatihaua tribes, was examined at some length in respect to 1c Whare Nuis claim to the Omahu portion, both by descent and original occupation. He was examined by Mr. Hesketh, and admitted that the Aroha belonged to the Ngatimaru pi evious to the fight at Tamitiwhiwhi. — Te Pepene Paupau was also examined for the same side. Te Aroha, he said, belonged io the Ngatimaru. — Mr. Bennett said he would not call any more witnesses. — Mr. He&keth stated he would call rebutting evidence. As Whare Nui stated he claimed from Parakanri, he wanted to prove who and what Parakauri was. He called Warekai, who detailed a long line of the ancestors of Parakauri, from Tuiringa, showing that Parakauri was a Ngatimaru, and that Whare Nui could not claim an interest separate from them The Court was then adjourned until ten o'clock this morning.