RATANA MARRIAGE

Poverty Bay Herald, Volume LXIII, Issue 19132, 29 September 1936, Page 4

RATANA MARRIAGE

MAORI AND EUROPEAN VAUDIT! IN QUESTION RULING BY MAGISTRATE Ah interesting judgment concerning the legality o| a marriage between a native and a European woman, in connection with which consideraule legal argument lias resulted since the woman nr A. charged her husband with assault and claimed separation, guardianship and maintenance lor herself and her child last April, was given by Mr. S. L. Paterson, ,s.M.. in the Rotorua. Magistrate’s Court. The principals in the case were Jean Ellen Reiliana, plaintiff, a European woman, and .1 iihuatalii lloretaunga Rciliaiia. a Maori.

At the original hearing a marriage certificate was produced, which indicated that the couple had been married by a minister of ttie liatana Church, under a 'ecliim of the Native Land Act, validat.iisj; the marriage of Maoris. Doubt was expressed by counsel for defendant .vlu titer this Act also validated the marriage of a Maori and a European. (IUARDIANSHIP OF CHILD The important question was that of the .iiardiansliip of the child of the marriage, ,t. being recognised that if the marriage was proved to be invalid, the woman would have been entitled to its custody. After hearing legal argument, the magistrate reserved his decision, which was given later. "Complainant is a European, and defendant is a full-blooded 'Maori,” the udgment said. “Complainant deposed dint she Was married to defendant at Mapouroa on September 1.7, 1953. by lade Kirakau. a Katana minister, and in proof of the marriage produces a certificate hv ’Laite Kirakau. This certifies dial the parlies were married under secion 191 (lj-(b) of the Native Land Act, [909. now section 232 of the Native Land Act. 1931. which provides that marriages jotween two natives may he celebrated at heir option in the same maimer as it each were a European, or in the presence if an officiating minister under the Marriage Act. but- without complying with lie other requirements of that Act. NO RETURN MADE "The officiating minister, who cele.riites the marriage in such manner, is required to make to the Registrar-h-neral the same returns in respect to such a marriage as in the case of a marriage between Europeans, and the Marriage Act. 1908. applies with respect to such returns. No return in respect to the celebration of the marriage between the parties has been made by the ofliciatng minister in accordance with the law.” Alter reviewing certwf provisions of e Native Land Act, 1931, the magistrate said that the marriage, although unregistered, might none the less be did. "Tiie marriage in issue was contracted .a the presence of an officiating! minister, .uly (facetted under the Marriage Act, he continued. "Unless, therefore,

; is shown in evidence that both parties consciously or wilfully disregarded the .co.-sity tor a Registrar’s certificate, if ni valid. Even if they did not know of Jie necessity for such a certificate, it is •irokable that the marriage would still be alid, provided the parties and the clergyman were all bona fide. I am not therefore at the present stage of the proeedings prepared to hold against the marriage.”