FULL COURT

New Zealand Times, Volume XLVII, Issue 10951, 13 July 1921, Page 3

FULL COURT

NATIVE LAND CASE. „ ’ INTERPRETATION OE WJLL. In the Pull Court yesterday, argument was heard on a special case stated by His Honour Mr Judge j Raw son, of the Native Hand Court, with, the consent of His Honour the Chief Judge of the Court, in the matter of certain applications by Hori Makitanara to ■sueceed to Hunia te Hana, in respect of native , lands in 'the Aotea land’ board district. . „ fl „ . __ ' : The court comprised I heir Honours Alp Justice Sim I Acting-Chief Justice), Mr jdstioe iioskmg, Mr Justice Stringer, Mr Justice Reed and Mr Justice Adams. Mr jVI. Myers appeared for the executotr of ith©- will j Mr C. H. Treadwell appeared for Bobecrfe Ranafield, a. pe<rsen said to lie entitled to succeed. A LAND TRANSFER. In the statement of the case, it was set out that Hunia t eHana transferred the land that she was entitled to to Duncan Eraser* for £3299 j 10». Th® transfer was confirmed hy the land boaTd on condition that; £2OOO was paid to the Public Trustee, for «n----v-cstJiiori t for the ‘benefit of the . vendor and her next-of-kin or devisees, balanoe to ho paid to natives. These conditions were duly complied, with. The beneficiaries under the ' will of Hunia te Hana are Europeans within the meaning of the Native Land Act. Robert Ransfield applied to the court for the sum of £3OO, of the sum held, by the Public Trustee, to be applied on behalf of Hunia te Hana, in setting right an error, includng a cemetery in the grant. The judge, at Levin, made an order that the money be paid to the Ikaroa Land Board. Hori Makitanara made application to succeed',to certain lands of Hunia te Hana and the balance of the £2OOO, viz., £I7OO. Robert Ransfield*, 'a half-caste, and second cousin of Hunia te Hana, claimed also, to be entitled to succeed to the said sum. , The' parties agreed to a case being stated for the Supreme Court, whose opinion was to, be sought on the question, whether the gums of £I7OO and £SO (balance remaining 'of 1/he £300) after the provision of a house for Hunia te Hana, were moneys to which Hori Makitanara was entitled, vr whether the said sum® still retained the character of realty, and accordingly passed to such persons os the Native Land Court should declare to be the successors of Hunia te Haifa, in accordance with native custom. After hearing- argument, the 'Full Court reserved judgment.