AGREEMENT WITH MAORI

Taranaki Daily News, 11 July 1929, Page 15

AGREEMENT WITH MAORI

SALE OF LAND IN 1877

WAS TREATY OF.LEGAL VALUE

APPEAL TO NATIVE LAND COURT By Telegraph.—Press Association. $• Thames, Last Night, i Claiming that Judge MacCormick, o. the Native Land Court, should not al low the Thames County to break the solemn agreement made with the Maorii in 1877, Mr. E. J. Clendon made an appeal on behalf of the Maoris this morning. The county asked for 77 charging'.orders for rates on land on the mail Thames-Paeroa highway from Totara Point to the Matatoki stream.

Mr. Clendon produced an agreement made between the county and Hoteringi Taipai on May 19, 1877, stating that in consideration of the Maoris allowing? a road to be made over their lands, .all sacred ground, burial places and cultivated land would be fenced and the land would be purchased at the price agreed. - Clause 4 said the Natives now or at any future time or the generations sue-; ceeding them were not to pay rates. ' In clause 5 the county validated these conditions, which were to continue ttf be in force should the county or the boundaries be altered by Act of any Government. . • :

Clause 6 stated: “In the event of any of the conditions being broken by the present or subsequent council' or any district Government or any Act be pass-' ed by the Assembly by which ,tha. Maoris are liable to pay rates, or should any notice be printed in the Gazette by authority of the Legislative Assem-. bly or Order-in-Council, it is lawful for the Natives to close up and fence across the said road to the intent that ‘all traffic on it shall cease until such time as the Act, power or authority be re-, scinded, when the fence shall be .removed.”

The county’s counsel, Mr. H.. Purnell, claimed that the agreement was ultra vires. Mr. Clendon maintained that it whs a solemn and honest covenant as important as the Treaty of Waitangi. It had been observed for fifty-) years and was legally binding. The judge said he had no .doubt the > document was of no legal value, but< he would give a written judgment to- ; morrow. ’ '?-■■? ■ “L