CURIOUS NATIVE LAND TRANSACTION.

New Zealand Herald, Volume XLIII, Issue 13157, 21 April 1906, Page 8

CURIOUS NATIVE LAND TRANSACTION.

THE 'CLAIM AGAINST HEN ARE

KAIHAU, M.H.R.

QUESTION OF "DUMMI'ISM."

SWEETENING" TRUSTEES TO

OBTAIN LEASES,

Titb case bearing on native land trans- : actions, in which George Potter, farmer, of Waiuku, instituted proceedings against Hcnare Kaibao, M.H.R., for breach of an agreement to secure the plaintiff the lease of lot 99, native land. Onewhero. from the natives, was continued before Mr. C. C. Kettle, S.M., at the Magistrate's Court yesterday. Plaintiff claimed £75 and £33 10s, money lent, and interest and damages for breach of agreement (£9l 10s), or as an alternative, £200 damages.

: George Potter, the plaintiff, continued bis evidence. He said that if Muir had secured the lease ■witness would have lost the sum rights, which he valued at £500. Witness paid the natives in full for the gam rights. In 1903 a lease was drawn np for the land in bis daughter's (Mabel) name, and witness wis guarantor.

Mr, Kettle: Was not she a dummy?— I hare bought several properties for my children.

De you swear it was a bona-fide lease for your daughter's own benefit?— absolutely for her own benefit.

You swear it absolutely?— I had taken up some- land in the King Country, asd I could not take it up myself.

Wat- it not drawn up in your daughter's name because yon were not qualified to tale ii up? Certainly.

Witness, continuing, said his daughter woakJ hr 21 years of age in May. He would derive benefit from the land as well as his daughter. The defendant had not assisted him to secure the lease of 1903.

To Mr. Biomfkld: Witness had not derived any benefit from this lease, nor from the land, and had only purchased gam from the natives. On looking at the plan tendered, witness found that the store he was in was not on the native land, but on Crown land. He said he had had a good deal of trouble with the natives regarding credit at the store, and had to keep giving them credit in order to secure the lease.

Mr. Kettle said it- was plain the natives could see the plaintiff eagerly desired the land, and "they- worked him for all they knew."

To Mr. BlomfieJd: Witness did not know the law regarding native land, but he thought a Court would allow tie 999 years' lease at 6d per acre, as originally proposed by the defendant.

Mr. Kettle: You would have to apply the "sweetening process"' again. (Laughter.)

To Mr. Blomfield: Witness had several

discussions with the natives in 1903, and he secured a written statement setting

forth the amount of land the natives were

agreeable to lease him— 3000 acres. The arrangement between plaint and defendant was for (be whole of the land outside the native reserve, and a lease was

drawn up for this—over 4000 acresbut the native trustees refused to sign the | lease, as there was more land than they had agreed to. Witness was prepared up till 1903 to pay Is an acre if a lease had .....been, secured. He would have sold the land in the King Country, which he had taken up in 1902, to go on to the Onewhero land. Witness believ<jd he could have obtained all the signatures, but one, of the trustees to the lease. Three of the natives wanted about £5 or more before ; they would sign, while a/xother Maori , wanted £150 before he would sign at all. Witness would not pay thesis amounts. Mr. Kettle: And these are the trustees for.the native people, are they? I suppose when four men were prepared to sell their signatures so cheaply the fifth said "I can hold out for a bigg'.y/ sum."

Witness said this trustee wanted to be paid 2s for every acre tb*fc was to be leased before he would sigyj. The defendant had failed in his duty towards witBess in not working for him. The de-

fendant was lukewarm to plaintiff after he received the £75.

Mr. Kettle: Can yoa name anything Kaihau did antagonistic to you that he ought not to have dene? You have told us what he left undone. have got no personal proof. I can only call witnesses.

T» Mr. Blomfield: If he had secured the gum rights and not the lease he (plaintiff) would still have expected a refund of the £75 from the defendant. After the summons was issued the defendant admitted the £75 liability, and stated that if Lapwood and Frost or Muir secured the lease the £75 would ba refunded..

,To Mr. Burton: Witness believed he could have obtained the signatures to the lease without the defendant's assistance.

Mr. Burton: But it was only by bribing that you could obtain these signatures?—l could have obtained the lease by giving these men money. I knew one man wanted a good sum and the others would be satisfied with a small sum.

Mr. Kettle.- That is apparently the only way these native leases an be obtained!

Mr. Burton: It only shows the unsoundness of the native laws as compared with the European. Mr. Kettle: Yes. The Public Trustee should take control of these lands.

To Mr. Burton: Witness paid money for th# removal of the restrictions from the native land at Onewhero.

~ Edward Charles Frost, fiaxmiller, residing "at Tuakau, deposed that about five months ago ho.saw the defendant at Onehunga and Auckland. The defendant undertook to secure a lease of the Onewhero land for £150, but later agreed to accept £100. if witness paid off the liability to tlie plaintiff. Witness and his partner had an agreement with plaintiff that the latter should have the gum rights if the lease was secured "by witness. The plaintiff and witness had liad interviews with the natives regarding the leasing of. the land. The term of the draft lease was for 21 years at Is 6d per acre.

Mr. Keltic: II has advanced 6d an acre •gain. Witness, continuing, slated that the defendant said he would work against Muir for witness. The defendant declined to accept any money from witness until he had secured him the lease, but witness had not yet seemed the lease. Arthur Boler, clerk of the Native Land Court, produced records bearing on the .'•'■.. case. Tlicvi was no application by Frost so far as he could discover for the One- <; whero land. He produced the original draft lease drawn up by Mr. St. Clair be- :"•• tween the plaintiff and defendant. Alfred Henry Lap wood, Haxmiller, of -Tuakau, said that about June last year plaintiff agreed to allow Lapwood and '.';/• Frost to-secure ; the lease, provided they , gave plaintiff the gum rights. Plaintiff !'' told defendant he expected to receive his £75 back. , Witness and Frost were to i

pay defendant £100 if he assisted them to secure the. lease and were also to return plaiatii? the £75. An application was pat in to the Native Land Court for the Onewhero block, bat the application was adjourned.

John Alexander, solicitor, said in 1305 he acted for Messrs. Frost and Lapwood for a lease of the Onewhero block. A draft lease {produced) and plan were prepared, and the draft leas* was signed fey three of the four, native trustee?. An apl plication was prepared for Is 3d an acre for Frost and Lap wood, and Muir hid lodged an application with the Court for Is 4d an acre. The matter was to again come before the next Native Council meeting, when amended applications were to be lodged. He understood applications were being made for the removal of the present trustees, as they would not carry out the terms of their trust. Mr. Burton: Quite right, too. Kainga Kuro, through an interpreter, said he belonged to the tribe interested in Onewhero block. Last June witness was at- Mr. Swanson's office with the defendant and Muir. The intention of the Maoris in coming to Auckland was to lease the land to Frost, bat when they arrived it- was found Muir was offering more. Defendant sent witness to secure the attendance of the trustees, and he then learnt from defendant that it was intended to lease the land to Muir. Witness was paid for his services by Muir. The statement of claim at this stage was amended by striking out clause 10, in which the defendant was alleged to be working fur Lapwood and Frost against plaintiff, and an addition was made to clause 11, to the effect that the plaintiff was prevented by the defendant from procuring the 'ease* "either for himself or Ids appointees, Lapwood and Frost, pursuant to appointment made in or about June, ISOS. with defendant's approval."'

The case was further adjourned till Wednesday morning next.

Mr. Kettle suggested that the parties might consult and see if some satisfactory arrangement could not he come to.

Mr. Burton expressed himself agreeablt, but Mr. Blomtield said the trouble wsu wrtii the natives.