NATIVES’ TIMBER

Greymouth Evening Star, 9 April 1937, Page 4

NATIVES’ TIMBER

DEED INTERPRETATION ISSUE. [per press association.] WEEDINGTON, April 8. By deed made between certain natives, of whom the appellant, Tiki -Paaka, of Te Whaiti, is one, and the respondent, Adam MacLarn, of Te Whaiti, sawmiller, an agreement was made, the effect of which is now in issue before the Court of Appeal. The respondent alleges that he was appointed agent of native owners for the purposes of selling and cutting the milling timber on their land, consisting of 73 acres, near Te Whaiti. and for disposing of the timber,'whilst the natives contend that the agreement constituted a sale of the standing timber. Action was taken by the natives in October. 1936, to obtain an injunction restraining the respondent from entering on their land, and from sawing or cutting any timber already removed, and from dealing with timber removed from the land. Damages were also claimed for the destruction of timber, and for injury to the land, and a declaration that accounts be taken was also sought. At the hearing before Mr .Justice Callan in December, 1936, at Hamilton, it became evident that the inter--1 relation of the deed was not the sale of the standing timber by the native owners to the respondent, MacLam, but, that the true relation between the parties was that of principal and agent. This judgment is being appealed from before the Court of Appeal. On behalf of the appellant, Mr M. 11. Hampson submitted' that an examination of the deed showed the relation of the parties to be vendor and 1 urchaser and not principal and agent. He referred to recitals in the deed which, lie contended, were important because of the emphasis placed on the desire of the native owners to obtain the best commercial value for the timber on the land. The court adjourned until to-mor-row.