FULL COURT

Evening Post, Volume CIV, Issue 9, 11 July 1922, Page 8

FULL COURT

NATIVE LAND CASE,

The Full Court—the Chief Justice, Sir Rob*rt Stout, sjnd their Honours Mr.. Justice Hosking, > Mr. Justice Herdman, Mr. Justico Sahnond, and Mr. Justice Reed—was engaged to-day with the consideration of ,an application made by the Native qwners of land in the Hinewhaki No. 3 Block. '

The block of land, near Wairoa, Hawkes Bay, containing 220 acres, and originally owned by ninety-nine Natives, was partitioned by the Native Land Court into two blacks, 3a and 3b, and the shares of the owners were specified in the partition order. Several of the owners, however, were dead, and the order did not specify how the new owners, of whom there were 178, derived theiv title. When application was made to register the partition order for 3a in the Land Transfer Office at Napier, the District Land Registrar refused 'to register the order until succession orders in respect of the estates of the deceased owners were registered. Accordingly a, summons to the Registrar to support his reasons for refusal to register was sealed and referred for the consideration of the Full Court. In a few words, his contention is that a; partition order can refer only to persons already registered as proprietors. The applicants maintain that the provisions of the Land Transfer Act, 1915, and the Native Land Act, 1909, make it compulsory for the Registrar to register any, partition, and that he has no discretion in the matter. Mr., A. Gray, .K.C., and N. S. Johnson appeared for the Native owners, and the Solicitor-General, Mr. W. C. MacGregor, K.C., for the District Land Registrar... (Proceeding.)