OWNERSHIP OF LAND.

New Zealand Herald, Volume LXVII, Issue 20618, 17 July 1930, Page 13

OWNERSHIP OF LAND.

TWO MAORIS CLAIM TITLE.

BLOCK DESCRIBED AS RESERVE.

CASE BEFORE THE COURT.

The fact that a block of land for which a title was sought was described in survey plans and known to residents of the district as a native reserve caused some trouble in the Native Land Court yesterduy, when two brothers, Ringi Brown and James Brown, sought a joint title to an area of about 40 acres at Pakiri, North Auckland. After the case had been heard the presiding Judge, Mr. H. F. Ayson, granted the title provisionally on the condition that the Crown made no claim in respect of the land on the ground that it was a reserve.

Mr. Elliott, who appeared for the applicants, stated that tho land came to the applicants through their mother, Rahui To Kiri, who had bequeathed it to them in her will. It was not known whether any title existed, but the evidence would show that she had an interest in the land. Rahui's father had been the chief Te Kiri, after whom Pakiri had been named, who had owned a large portion of tho land on the East Coast down to Takapuna. He had sold a great deal of this to the Government, but the block mentioned in the claim had been excepted for some reason.

One of the applicants, Ringi Brown, farmer, of Pakiri, said he lived on the block, which was known as the Taumata native reserve. He had been there for about 15 years and prior to this his mother had been the owner of the property. Her ownership had never been disputed. She had derived the land from Te Kiri, as she was his only child. The Judge asked for what reason the property was known as a native reserve, and counsel stated that there was no evidence that it had ever been such a reserve, although it was known in the district as such. " It is a wonder that no title has been issued before," remarked the Judge. " The ownership has never been questioned," replied counsel. Mr. J. Thomson, of the Native Lands Department, said the block was marked on plans as a public reserve, although he knew of no reason for this and of no title in existence.

Two settlers in the district, John Edward Salt, who stated that he had resided at Pakiri from 1881 to 1919, and Charles Whitley, who said he had lived there for the past 46 years, gave evidence that the property had always been owned by applicants or their family, and their occupancy had never been questioned. " The Court is prepared to issue a title to the applicants in egual shares provided that no claim is set up by the Crown or the Lands Department on the ground that the block is a reserve," said Mr. ■ Ayson. "Tf no claim is set up the title will be issued." The Judge then arranged that the Lands Department should be informed of the proceedings and afforded an opportunity of bringing forward objections.