CASE FOR MAORIS.

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

CASE FOR MAORIS.

WHOLE BLOCK AFFECTED.

STATEMENT BY COUNSEL.

FURTHER PETITION PENDING. "Unfortunately tho petition was drawn up by tho Maoris themsel vos and they did not include the whole Orakei block. Discussion will have to be confined to the <lO acres comprising the Papakainga site, but later a petition will go before Parliament dealing with the whole Orakei block. However, only this one matter is now before the Court." This statement was made by Mr. J, J. Sullivan in the Tokerau Native Land Court yesterday, when the petition by 16 of the Orakei Maoris for the return of a >lO acres block of land facing the Orakei waterfront was under consideration. Mr. F. 0. V. Aeheson was on the Bench, and Mr. Sullivan and Mr. Ngapipi Rewiti appeared for tho petitioners, while Mr. Otene Paora represented certain native interests. The Crown, which is opposing the claim, was represented by the Crown solicitor, Mr. V. R. Meredith, who later withdrew. In his absence the inquiry proceeded. Mr. Sullivan said that when tho sale of the 40-acres block was made tho Government should have complied with the Native Land Amendment Act, as tho land had been held in trust. Another point was that ono of the Native Land Purchase Board's duties was to make purchases of native Ijnd for the Crown and to see that no native was left without land. In tho present ease three natives had been made absolutely landless, while the majority of tho petitioners were left with inadequate land. Tho Crown had not complied with its own laws. Comment on Transfers. Mr. Sullivan said two witnesses would be called to say they had been told that the Papakainga site would not bo purchased, while Ngapipi Rewiti, who had acted under the Crown's instructions at the time, would state that he had promised natives who owned blocks of high land that the flat land, or Papakainga site, would not be bought. He had also told the natives that six acres would be reserved for an old man, Wiremu Watene. in addition to the 40 acres. Counsel then dealt with tho actual transfers. Whilo in the case of every transfer between a native and a European a translation was required on each document, there were no translations on the instruments in the present case. The old man Watene had originally intended to sell only a small area, but ho had been approached later three times for further areas, which had been included in the one transfer, until he had no land left.

" As one who has been associated with the Native Land Court for 25 years, I can say that there has never been placed before the board such a transfer for confirmation," said Mr. Sullivan. "Here is a transfer begun by agents of the Government in 1923 and last signed in 192b, when they had obtained nil the land the old man had got. Now he is landless and an old-age pensioner."

Counsel said one other transfer was quite invalid in law, while several altera tions had been made in others, dates being struck out and altered without being initialled. Counsel had not been ablo to obtain from the Crown an agreement said to have been made between one native and the Government. He also wished to bo able to produce transfers between other natives and the Government, where, counsel alleged, portions had apparently been written in after the transfers had been signed. The transfers, in many cases, were irregular and invalid and yet the Government had let them go through Aged Maori's Evidence. In conclusion, Mr. Sullivan dealt with a proclamation issued by the Government dealing with the transfers. This proclamation could be set aside by the Court l>v using the proper clinnnels. YViremu Watene, aged 84, said he was one of the 13 natives whose names were on the original title. When the upper block had been sold he bad understood that he was to have six acres on the beach. He had originally held nearly 100 acres at Orakei; but all he had now was two acres. He was an old-age pensioner. Four other signatories gave similar evidence, one of them stating that he also was an old-age pensioner.

"When I came to the Court this morning I expected to see the transfers and the reports of the Native Land Hoard to the Native Land Purchase Board." said Mr. Sullivan. "They are not hero and cannot be seen. My case would have been much stronger if they had been produced."

"It is unfortunate that the Court is debarred from making any comment ns to the nature of its report to the Chief Judge," said Mr. Acheson. "I will say just this. There is only one way of settling a dispute among the Maori people and there is only one way of settling a dispute between the Maori peoplo and the Crown. That is to start from the bottom. That is what the Court is going to do in this case. It is going to give as full a decision as possible. It will bo for the Chief Judge or for Parliament to say how much further information will bo given."