NATIVE LAND LAWS.

Gisborne Times, Volume XXV, Issue 2140, 24 July 1907, Page 2

NATIVE LAND LAWS.

AN INTERESTING CASE. Press Association. ."WELLINGTON, last night.

An ’ interesting native case came before the Appeal Court to-day. In 1865 the Te Akau block, of 160,000 acres, between the .mouth of the Waikato river and Raglan, was confiscated. but some 5000- acres was returned j to loyal native owners of the Ngatitahupga and Tainui tribes. There were 30 members of the latter and j 58 of the former. Ever since then the proper allocation of this land lias, been in dispute, and been at intervals subject to enquiry by courts" an 1 commissions. Eventually it was relegated to the Native Appellate Court, which sat iu February last and came to the conclusion that this land- had never been confiscated and the Alaori customary title still existed ; wherefore they confirmed the decisions of 189 T and 1904, awarding the Tainuis .15,000 acres and fixing the dividing line along the old tribal boundary. The Tainuis artnow appealing on the grounds o! | bias of Judge Browne, and that the Court had exceeded its jurisdiction in taking notice .of Alaori customary" title. A motion was then filed on behalf of the Ngatitahungas to strike out 'the motion for prohibition on the ground that the jurisdiction ol the Supreme Court to prohibit the Native Appellate Court was expressly taken away by section 59 of the Native Land Laws Amendment Act. 1895. Both motions were, by consent, removed into the Court ofAp peal. Air Bell, K.C., and Air Ostler appeared for the whole of the Ngatitahunga - tribe Messrs Bell and Bkmfield for a section of that, tribe: Alessrs Earl and Morrison- for" the Tainui tribe; and Messrs. Skerrett and Findlay for the Judges of the Native Appellate Court. Air. Bell contended that the Supreme Court had no power to interfere with the Native Appellate Court, that power being taken away by section 59 of the Native Land law:. Amendment Act, 1895. Air. Ostler followed, citing authorities to shew that when a will-known Court with inherent powers had conferred on it a new special jurisdiction; that jurisdictiion should be exercised according to inherent power. Air. Blomfield addressed the Court on the facts of the case. The Court adjourned then until to-mprrow.