AWARD CHALLENGED

New Zealand Herald, Volume LXXII, Issue 22241, 16 October 1935, Page 18

AWARD CHALLENGED

COMPENSATION TO MAORIS RAILWAY OROSSINQ DIBPUTE POWERS OF NATIVE COURT An award of the Native Land Court made in February, 1933, granting compensation to Maoris at Dargavillo for land taken~for the Dargaville-'fangowa-hine railway was challenged in proceedings before Mr. Justice Calhin in the Supreme Court yesterday. On behalf of the Minister of Public Works, Mr. Hubble applied for a writ of certiorari quashing in part the order of tho Native Land Court. Mr. Goulding appeared to oppose tho writ for L. Parore and P. Parore, two brothers to whom the compensation had been awarded by Mr. F. 0. V. Ache*son, judge of tho Native Land Court. The Court had awarded the l'arores £ls for land taken and £165 for general daniagos, severance and other matters, and ordered the Railway Department to construct a crossing with culverts and fences. The Crown held that tho Native Land Court had exceeded its jurisdiction in ordering this crossing, as none had been offered the locality set out in the award. Mr. Hubble said that as far as tho monetary part of tho award was concerned he did not propose to addrcsa any argument to the Court. The question was whether the Nativo Land Coflrt had jurisdiction to award a railway crossing other than that offered by tho department. He submitted that the order was without jurisdiction. It was final as far as the money was concerned, but did not appear to bo final regarding the crossing. The place indicated for it in the order was quite unsuitable. His Honor: I do not think the department you represent has been remarkable for its activity to clear the mess. Mr. Hubble said Judge Acheson had waited about 16 months before making his order. Mr. Goulding said the present proceedings were ill-conceived. At no stage had tho Nativo Land Court been furnished with information where tho department proposed to put in a crossing. He asked the Court to refuse the writ of certiorari, because the Native Land Court had the right to order the crossing. His Honor: Seriously, Mr. Goulding. do you think you will get that crossing? Mr. Goulding: We are entitled to a crossing and must get a crossing. The case was adjourned until later in the week to enable further information to be produced.