TRESPASS BY MAORIS.

New Zealand Herald, Volume LXII, Issue 18949, 21 February 1925, Page 10

TRESPASS BY MAORIS.

TAKAFUNA LAND CASE. OLD WOMAN IN A' WHARE. "WHY SHOULD I LEAVE?" A long-drawn out dispute in regard to trespass by Maoris oil a block of land at Takapuna was again heard in tile Supreme Court yesterday, before Mr. Justice Herdman. Harry H. Adams (Mr. Blomfield), lessee of the land, moved for leave to issue a writ of attachment against a native woman, Paki, who, with her son, was living on the property. Counsel described the case as one of very determined and continuous disturbance of plaintiff's rights. Paki and her sons were convicted in the Police Court, and an appeal was dismissed. It was one of a long series of offences. There had also been Supreme Court proceedings for possession, and Adams had obtained judgment. Paki took a lease, under which she admitted she had no rights and agreed to pay rent. No rent, however, was paid, and then judgment against her for possession was obtained in the Magistrate's Court, and she was summarily ejected by the bailiff. An injunction restraining Paki from using the land was issued, it was now necessary to apply lor a writ of attachment, as the woman had refused to quit the shanty in which she lived. Adams was paying over £6OO a year as rent, and had been unable to get the benefit of it owing to the natives who had been wrongly advised to continue the trespassing. " Willing to go to Prison." Paki, giving evidence, through an interpreter, said she had received the sum moiis now being considered. Mr. Blomfield : Why do you not leave '[ .Defendant: Why should 1 leave? His Honor said it was perfectty plain Paki had no right to remain in possession of the ground. It would be a pity for the old woman to have to go t<> prison. One, wanted to give every consideration to the Maori people, but they must obey the law. He had no other course'but to .send her to prison. Paki: I am quite willing to go to prison. I do not know that I have done snv offence by living on the property. His Honor said a writ would issue, returnable on March 10. In the meantime, the best thing would be for a reputable solicitor to appear on that date for the woman.. A Case Struck Out. A further dispute m regard to trespass on the same land by Maoris was dealt with. Some time ago a number of natives, not including Paki, were prosecuted under the Police Offences Act "or w; fully trespassing on the land and ca.-!i u-is convicted and fined £5 and costs. Mr. Quartley, who appeared for the natives m the Lower ( ourt, moved for a writ of certiorari to have the convictions brought into the Supreme Court and quashed. Mr. Blomfield yesterday moved to have the Supreme Court proceedings set aside on the ground that they were "frivolous and vexatious and an abuse of the process of the Supreme Court." Mr. Quart ley contended the evidence of a witness m the lower Court proved that defendants had actually been at the place for over ?S) years, and that the occupation of the. land was tribal. His Honor upheld Mr. Blomfield's contention, and made an order striking out the case.