LAND TRESPASS

New Zealand Herald, Volume 81, Issue 25048, 11 November 1944, Page 8

LAND TRESPASS

KEMOVAL OF COTTAGE HISTORIC CASE RECALLED. (0.C.) HAMILTON, Friday A case which was described by the Judge as being similar to the Waitara land dispute which led to the Maori war in the Waikato in 1862-G3, came before Mr Justice Smith in Hamilton yesterday, when £273 special damages and £SO general damages were claimed b v Te Moetu te Tahakita and others (Mr E. McGregor) against Samuel Percy Julian, farmer, Okauia (Mr G. G. Bell). The claim was based on the alleged trespass of the defendant on the 226 acres of native land owned by the plaintiffs at Okauia and the removal of a cottage, valued bv the plaintiffs at £SOO. Mr McGregor said that the defendant had purchased the cottage for £IOO and had ne-erected it on his own farm. The land was originally owned by four natives, two of whom were now dead. Selling of Cottage One of the deceased, Te Aopare Ngahuia, had consented to the construction of the cottage by her son, Edward Bidois, who was one of 11 children, it was Edward Bidois who had .sold the cottage to the defendant. Mr McGregor said that a succession order had been made in favour of the 11 children of le Aopare Ngahuia by the Native Land Court at Ngaruawahia a fortnight ago and after the present proceedings had been commenced. Mr Bell said that it was usual for the Native Land Court to allow one of the joint owners of a block a particular partition of that block if he or she applied for the partition, having established a homestead on it. He submitted that according to Maori custom occupation was the essence of ownership, and that Edward Bidois was within his rights, as owner, to allow Julian on the ! property, and that therefore Julian was not guilty of trespass. Mr Bell added thai the Native Lnnd Court would allow Edward Bidois the titlo to that particular portion of the block and that he was entitled to sell it. Defendant had purchased the cottage in good faith, and had consulted a solicitor before making the agreement. No Right to Sell After referring to the similarity of the case to the historic and disastrous Waitara land dispute, His Honor said that he did not think that Edward Bidois had proved that this property had been given to him by his mother. He added that this land was not subject to native, custom, but was under the jurisdiction of the Native Land Court. There was no right when property was not legally partitioned for any one ' joint owner to sell improvements from the property. The plaintiffs were the owners of the land, but could not allocate any portion of that land to some other person. The land and the house on it belong to the four owners. His Honor suggested that the parties should confer and that defendant should agree to return the cottage and that the defendants should accept the return in satisfaction of the claim for the value of the cottage. Counsel intervened that this arrangement had been agreed to. His Honor awarded the plaintiffs £2O general damages, and remarked that he always regarded deliberate trespass as a serious matter. BACON AND HAM SUPPLY TO GROCERS DISCRIMINATION ALLEGED Discrimination in the allocation of supplies of bacon and ham to newlyestablished grocery businesses was alleged in a statement issued by the Auckland Master Grocers' Association yesterday. The general principle of the Food Controller was that no new allocations would be granted, but special treatment had been accorded one applicant recently, said the association. Although the controller had replied to a southern applicant by saying that, while present supplies Were restricted in sales, it would not be fair to grant new allocations, the newly-established Huntly Miners' Co-operative Store had received an allocation of both bacon and ham, stated the association. The store had applied for an increase, and, as a result of representations to the Government on its behalf, a distributor had visited Huntly in an endeavour to reduce the allocation of an old-estab-lished business in order that the new store should receive increased supplies. Telegrams of protest had been sent to the Food Controller and the Minister of Industries and Commerce alleging that the store was receiving preferential treatment, and that the allocation already made was contrary to the statement of the controller in declining another applicant last month. : A returned serviceman who had opened a country store had received no reply to his application for_ an allocation of bacon and ham which he had made two months ago, said the association. The whole matter savoured of political pressure, and the association insisted that there should be equality of treatment, and especially that a returned soldier should have equal rights with'the Miners' Co-operative Store. CHARGE OF THEFT REVOLVERS FROM CARGO TRIAL OF A LABOURER Charged with the theft of two .38 calibre revolvers valued at £ls, the property of the New Zealand Government, a labourer, Francis Kane, aged 38 (Mr Sullivan), stood trial before Mr Justice Callan yesterday. Mr Cleal, for the Crown, said it was alleged that* these revolvers were stolen from Queen's Wharf on July 31. On that date it was noticed that a case in a wharf shed had been interfered with and two boards sprung. It was found to contain revolvers, and two out of 100 wero missing. It would be shown that accused had been working about this wharf at the time. ! Counsel said that an American corporal,. who knew accused, would say that accused had sold him an unused revolver of this type in a hotel bar for £O. Another American serviceman would say that accused had sold him the other revolver in another hotel for £5, and both men would identify accused as the man who produced the revolver. The revolvers recovered by the police were similar to those in the case that had been broken open. Accused, when interviewed by the poliee. denied that he had ever sold any revolvers. At the close of the Crown ense accused went into the witness box and denied selling the revolvers. He questioned his identification by the two military witnesses. Prior to his cross-examination the henring was adjourned until Monday morning.