SITE OF ROTORUA

New Zealand Herald, Volume LXXII, Issue 22194, 22 August 1935, Page 14

SITE OF ROTORUA

INQUIRY INTO SALE EARLY DAYS RECALLED ALLEGATIONS OF MAORIS DEALINGS WITH THE CROWN [3Y TELEGRAPH —OWN CORRESPONDENT] ROTORUA. Wednesday An inquiry into the circumstances surrounding the sale of the present site of the Rotorua Borough to the Crown by the Xgati-Whakaue tribe was opened at Tamatekapua meetinghouse to-day before the Chief Judge of the Native Land Court, Mr. R. N. Jones. The inquiry was instituted as a result of a petition presented to the Native Affairs Committee of the House of Representatives by 160 petitioners representing the NgatiWhakaue tribe. The hearing is expected to occupy more than a week In the course of to-day's hearing a number of interesting facts in regard to the original negotiations which led to the establishment of the town of Rotorua was revealed. Mr. H. 0. Cooney, of Te Puke, and with him Mr. Thomson, of Auckland, are appearing for the NgntMYhaknue tribe, and Mr. Hubble and Mr. 0. A. Darby, of Auckland, are representing the Crown. Tribe as Trustee In his opening address, Mr. Cooney contended that the Crown had entered into an agreement with the NgatiWhakaue tribe which virtually placed it in the position of trustee for the interests of the tribe. He submitted that under the original Thermal Springs Act the tribe had agreed to lease its lands on a 99 years' term to the Crown, but that the Crown had committed a breach of the trustee agreement by itself purchasing the land, which at present constituted the site of the Rotorua Borough. The Thermal Springs Act stipulated that no dealings in land were to take place between the tribe and Europeans, but in spite of this, counsel stated, the Crown had purchased a block of approximately 3000 acres for £8250. This, he contended, was an entirely disproportionate price in view of the fact that the block contained one of the world's most valuable thermal spas. Allegations Against Grown He quoted letters on the file of the Native Affairs Committee of the House of Representatives which, he alleged, showed that the Crown had endeavoured to take advantage of the natives, and he instanced telegrams which had passed between Mr. R. S. Bush, stipendiary magistrate, of Tauranga, and tho Under-Secretary of the Native Department suggesting that the Crown should take advantage of the fact that the natives were in want of food to drive a hard bargain with them. Mr. Cooney quoted Contract Law to show that the Crown was not entitled in the first place, as trustees for the natives, to purchase their land, and secondly, that the Crown, either as trustee or agent for the natives, had not fulfilled its obligations to them. The Chief Judge pointed out that under the terms of the inquiry tho most he could do was to make recommendations to the Government in regard to the matter. When the Court adjourned Mr. Cooney had concluded his address anc} had indicated that he intended calling evidence to support his submissions.