HOROWHENUA NATIVE LAND CASE

Evening Post, Volume LXXXV, Issue 27, 25 February 1913, Page 4

HOROWHENUA NATIVE LAND CASE

In the Supreme Comb yesterday, before his Honour l\lr. Justice Sim, an application was made on behalf of Daniel Hannnn, jun., of Levin, farmer, for a mandamus to the Ikaroa District Maori Land Board in resjiect to the transfer of certain Native land in the Horowhenua district, owned by Win liana Hunia. The statement of claim set forth that on 13th October, 1911, William Stewart Park, acting as solicitor for Lindsay Banks Barron. applied for confirmation by the board of a iransfor from Wirihana Hunia to Lindsay Banks Barron. The board intimated that it would not conh'rm the transfer then, out would be prepared to do so when the survey of the partition was completed, and afresh Valuation then to bo made showed the price to be reasonable. The transfer affected land known as Horowhenua 118, 41 south CJ. subdivision 2, Hitnia's interest being 55 acres. The price which Hunia had received from Barron as purchase money for his interest in the land was £850. The contract between Hunia and Barron provided that the vendors should have the right to repurchase the land at any time prior .to 20th May, 1912, by paying to the purchaser the whole of the moneys paid by the purchaser to the vendors, with interest, etc. The board refused to affix its eeal to the certificate of confirmation of the transfer until the time mentioned in the contract had expired. Thereafter negotiations were concluded between plaintiff and Hunia for the purcnase of Hunia/s interest, and a transfer waß executed in favour of plaintiff, th» consideration being £990, being £140 more than the consideration provided for in the transfer to Barron. Application for confirmation of the transfer was made to the board. The board refused the application for confirmation upon the ground that they Had already confirmed the, transfer to Barron. Plaintiff prayed • (1) That the Court issue a -writ of mandamus, as directed to the board commanding tb». board to hear the application, and to endorse a certificate of confirmation on the said transfer to the piaintiff : and (2) that the defendant board be ordered to pay the costs of these proceedings. The statement of defence sets out that the land included in the memorandum of transfer from Hunia to plaintiff was at the .time of the execution of the transfer, and still was, Native land owned. by a legal Estate in f«»e) simple by more than ten owners' as tenants in common, and, therefore, inalienable, save in manner provided by section 209 of the Native Land Act, 1909. The said transfer was not executed with the precedent consent of the board, or in accordance with part 18 of tile Act relating to. the powei's of the assembled owners, and was, therefore, void and illegal by reason of section 209 of the 4ct, and incapable of confirmation by the 'board, and' confirmation thereof was- rightly refused by 'the board. / ' "Mr. Blair appeared ■ for plaintiff, and the Hon. A. L, Herdman, "AttorneyGeneral, for the Ikaroa Maori Land Board. On the application of Mr. M. Myefß, Lindsay Banks Barron. el Levin, was added as" a. defendant. ■ After hearing argument, his Honour reserved judgment.