CROWN WITHDRAWS.

New Zealand Herald, Volume LXVII, Issue 20620, 19 July 1930, Page 14

CROWN WITHDRAWS.

ORAKEI ESTATE CLAIM.

NATIVES' LAND PETITION. MR. MEREDITH LEAVES COURT. COMMENT MADE DY JUDGE. "This is the most, regret table incident thnt has occurred during the 10 or 11 vears I hnve heen on the Bench," said tlie presiding Judge, Mr. F. O. \ . Acheson, v.'lien the Crown solicitor, Mr. A U. Meredith, said lie was forced to withdraw from a case whirh came before the Tokarau Native Land Court yesterday morning. The case was one in which the Orakei Maoris sought the return of their papa kainga or homesite, an area of 40 acres fronting the Orakei Reach. Ihe Crown solicitor took exception to the wide scope of the inquiry and after consulting the Native Land Department said he was unable to take part in any further proceedings. His decision was the subject of comment by the Judge. After Mr. Sullivan, who appeared for the natives concerned, had stated that there might be a number of questions arising from the block concerned which would affect other portions of the Orakei land, Mr. Meredith rose to protest. "I propose that we should confine ourselves to the papakainga block," he said, "'lhe question before the Court is whether when the land was sold to the Crown there was & promise, that the papakainga would be returned to the natives." Mr. Sullivan said the property was not ordinary native land, but bad been specially vested in trustees for three tribes. It would lie submitted that those who had sold it were merely trustees at the time, while there were other aspects to be considered. Scope of th£ Inquiry. In reply to Mr. Meredith, who asked if the question of trusteeship was to come before the Court, the Judge said, "The Court proposes to go into every matter which affects the block. Mr. Sullivan is quite entitled to go into any matter affecting the purchase." "If that is Your Honor's view, would you give ino a few moments to consider the "matter," said Mr. Meredith. "If Your Honor proposes to embark on an inquiry which 1 submit is outside the scope of the Court, it is for me to consider if I will go any further in the matter as representative of the Crown." "It, would be a most unwise thing for the Crown to give the natives the irn pression that the Crown is baulking the question," said the Judge. "1 hope you are not going to take up that attitude. Anv objection? that you make will be recorded. I am sure that the Maori people will not regard it as a rangitira act on the part of the Crown if you withdraw from the Court at. this stage."

"1 quite recognise the fact that such an impression might be given." replied counsel, who said lie was taking his attitude on the principle that the inquiry should be confined to the aspects of the purchase mentioned in the Maoris' petition. Attitude ol the Crown. The Judge pointed out that he was not there to givo a legal decision on the viv-dity of the question, but to present a report for subsequent submission to Parliament. Stating that tie would consider this aspect of the matter the Crown solicitor withdrew for about a quarter of an hour. On his return Mr. Meredith said: "As is stated in the petition asking for the return of the papakainga to the natives and their descendants, the position is this: After approximately £IO,OOO has been paid to the natives for the land, they are now suggesting that when they received the money they received a promise that the land for which they were paid should be returned to them That as we understand it is the issue and that issue is the one we are prepared to fight. That is the matter for this inquiry to consider, and if any other matters are introduced I am prepared to take the responsibility, after conferring with those concerned, of with drawing from the inquiry."

"How do you reconcile yottt decision with your statement on March 27 that 'I agree with/the contention that the whole of the Orakei trusteeship should be con sidered with other questions later'''" asked the Judge. "I at one stage stated that the question of the matters to be generally discussed and disclosed would be a rnnt-.er to be subsequently referred bv me to the departments concerned," replied Mr. Meredith. Judge and Counsel Differ. " You agreed at that sitting to go into the question of trusteeship," said the Judge. " Now I take it that you are unable to carry out that arrangement." " I decline to be put in that position," replied Mr. Meredith. "My own impression is that I at no stage unreservedly agreed to discuss every phase of Orakei This question of limiting the scope of the commission was raised by me at the very outset." " You deny that you agreed to go into the question of trusteeship?" asked the Judge. I do," replied Mr. Meredith. " I have never receded from rny position. I arn sorry that Your Honor has that impression." The Court lias said that you agreed to go into the question of trusteeship; the Court is well aware that you said that," said the Judge. Mr. Meredith: I must differ. It may be that we were at cross-purposes. Your Honor is speaking from his own note. I respectfully refuse to be held up as having said something which I did not say. Mr. Sullivan commenced to speak, but the Jur!'_'e silenced him Comment by the Judge. " 1 claim to know great deal about the working of the Maori mind and f am quite sure that his racial instinct for having a matter properly inquired into will rebel against this closing of the inquiry," said Mr Acheson. "It is quite hoj.f'!i\-s to trv and put a blanket over a Maori grievance; it cannot be done. These people have beep waiting and wait ing for this case to come on and have felt that there has been something stop jiing them. They will go away from this Court quite sure that their case has not been properly considered The fact that the Crown is a party on one side must not debar the Native Land Court from expressing its disapproval of the attitude taken up. " I am perfectly sure that the Grown lias desired to lie fair to the Maori people at all times, hut the Court has noticed that occasionally a mistaken appreciation of what is fair has caused the natives to be somewhat doubtful whether the Crown has dealt fairlv bv I hern Thin particular matter of the truster- li| would have taken only a lew minutes and v,ould have been sufficient to a'Vv. m<- to put some I tiling in my report I mii't vav that the! ■withdrawal of 'he ''jo-'-r, r'-pn -• enta'jyes j from 'his ' as been on "I| !e made 1 quale grounds liven the C<o-/,ri representatives are wit Id i a ■>. ir.g I arr going tfinish this ease I •/. i! hear fhe native ease and make my mt.o.i If yi,ii Want the matter dealt wit), a;o. n I -ball strongly object to it being dr.,lt with by ; any Judge other than myself I want to make that quite clear " The Crown solicitor t |ien left, arid the representatives of the Clovernrnerit departments present then followed.