COMPENSATION CLAIM OVER RIGHTS TO RIVERS OCCUPIES FULL COURT.

Star (Christchurch), Issue 18585, 10 October 1928, Page 15

COMPENSATION CLAIM OVER RIGHTS TO RIVERS OCCUPIES FULL COURT.

Per Press Association. WELLINGTON, October 9. The Full Court yesterday and to-day was engaged in hearing an originating summons brought by Iloani Te He.uheu against the Crown. For the plaintiff Mr Northcroft appears and for the defendant Mr Fair, Solicitor-General. The facts leading to the issue of the summons are that in 1926 an agreement was entered into between the Prime Minister, acting on behalf of the Government, and the Ngati Tuwharetoa tribe, which dwells around the borders of Lake Taupo, that the bed of Lake Taupo and the rivers flowing into the lake should be vested in the Crown and certain compensation paid to the tribe. This was, in effect, a surrender of the communal fishing rights previously held by the tribe above. Plaintiff, being one of the many private owners having land bordering on the Tongariro River, which flows into the lake, alleges that he has suffered damage by the taking of the rivers by Order-in-Council in pursuance of the agreement, and seeks to ascertain whether. compensation can be claimed by him under the Native Land Amendment and Native Lands Claims Adjustment Act, 1926, for damage alleged to have been suffered by him. Another point of interest also raised in the summons is the question as to whether, in view of the provisions of the Fisheries Act, 1908, the natives could validly enter into a sale of these fishing rights to the Crown. Decision was reserved.