OWNERSHIP OF LAND

Otago Daily Times, Issue 22136, 14 December 1933, Page 10

OWNERSHIP OF LAND

TRESPASS BY MAORI CHIEF FINE OF £2 IMPOSED (Per United Press Association.) AUCKLAND, December 13. The chief of the Ngati Whatua tribe from the Maori settlement at Orakei, Hikoi Paora, appeared before Mr F. K. Hunt, S.M., in the Police Court charged with trespassing on Crown lands at Orpkei without a license from the commissioner of Crown lauds (Mr W. D. Armitt). The charge was brought under section 39 of the Land Act, 1924. Mr Meredith, who represented the commissioner, said it was alleged that the defendant had ploughed up certain Crown lands at Orakei, an area of about two acres. A fields inspector had visited the place on October 6 and Paora had been warned, but had ignored the warning and had gone ahead and ploughed the pasture. The area had now been sown in potatoes. “ This area, which is Crown land, has been leased to a man named Newcombe, and it was while he was in possession that the ploughing was done, said Mr Meredith. “ It sounds like wilful trespass,” said Mr Matthews, who appeared for the Maori chief. “ Really it is not. This man is a ‘ very highly connected Maori chief of the Ngati Whatua tribe whose ancestors obtained these lands something like 300 years ago. Mr Hunt: Later they sold it.

Mr Matthews: That is not admitted. The defendant denies that he ever signed away one of the blocks. If the Crown insists they may have to go over his dead body, and we do not want that. There is the Native mind to be considered as well as the departmental mind. These people down at Orakei are destitute and are harvesting the crop of the potatoes now. He Is prepared to go off as soon as the crop Is finished. Asked when the crop would be finished the accused said the harvest would be completed after Christmas. Mr Matthews: I have persuaded him and he trusts me now that the vacation of the land is not to be deemed to be an abandonment. This Native matter is now before a select committee of the' House. All I ask is that he can go off of his own' free will.

Mr Hunt: But I am bound under the Statute.

Mr Matthews: I ask that you exercise clemency by allowing him to go off by himself.

Mr Hunt: He stayed there when he was told by the authorities to go. Mr Matthews: His crop was in. Mr Meredith pointed out that the Maoris had been paid compensation for this particular block of land. The fields inspector In evidence said that the Crown had had to pay £2 compensation to its tenant. The defendant was fined £2 for trespass and was ordered to pay damage estimated at £2. “ I will make no order for eviction,” said Mr Hunt. Mr Meredith: I presume he will go off, otherwise the Crown will have to take steps.