TAKING NATIVE LAND FOR PUBLIC WORKS.

Otago Witness, Issue 2653, 18 January 1905, Page 18

TAKING NATIVE LAND FOR PUBLIC WORKS.

AUCKLAND, January 11. At the Native Appellate Court Messrs Seth Smith (chief judge) and Jackson Palmer (judge) gave their decision in .the appeal cases of Merea and Ngawiki v. the Minister of Public Works, in which the court was asked to set aside the award of Judge Edgar, of the Native Land Court, allowing no compensation for native land taken from the Raeotepapa Block, near Paeroa, for railway purposes. The court dismissed the appeal on the grounds that section 91 of '""The Publio Works- Act, 1894-," did not allow compensation in respect of land taken for roads and railways by the Government when the area did not exceed 5 per cent, of the whole block ; that wherever a road or railway was taken through land severance naturally followed, but if the court were to hold that Native owners were to receive compensation for severance and like injuries in cases in which no compensation was given for the land itself such finding would make the act nugatory, and would render entirely incompatible the various sections of the Public Works Act dealing with Native lands. The appeal raised one of the most important questions that have ever been before the Native Land Court, inasmuch! as if i£ bad been held that the judgment

of Judge Edgar was wrong quite a different complexion would have been put on that section of the Public Works Act which allows the Government to take 5 per cent, of blocks of Native lands for roads or railways free from compensation. If it. had been held that Native owners must be compensated for severance and like injuries j to land where not more than the proportion named was taken, the cost of railway ' construction throughout the island would I have been enormously increased.