NATIVE LAND CLAIM

Waipa Post, Volume 37, Issue 2217, 2 October 1928, Page 4

NATIVE LAND CLAIM

BIG BLOCK AT PIRONGIA. MAORIS ALLEGE FRAUD.. j The Native Land Court,, pres’*' , . over by Judge McCormick, wr decl gaged at Te Kuiti on jv* ,•** e ? n hearing the claim of certar * ,-Z, • an interest in the large Dlock of 2000 acres known as Kar ih situated in the vicinity of P’~ ia This j . first came befe- /e tha Court over a year ago. ITr^. he c,ar mants. for whom Mr T. S. Withers. )0 f Auckland, appeared, alleged Liiat upon the original investigaLoi> 0 f {he title to thei block in 1886 ‘-ieir ancestor wias fraudulently de--1 prived of a half interest, and that he failed to appeal against th« award of t)he block to its present owners on account of his being a follower of Tawhiao, -who refused to allow his followers to fa/ttend the Native ‘Land Courts. The present claims took no action for many years, thus “ allowing their fires to become cold,” and then found themselves statute-barred from appealing. Legislative authority, therefore', had to be secured before the Court could re-open the question of title. The ’land had become very valuably, m.utfh of it being leased to Europeans* A large amjount of evidence was called, and this was summarised by Mr Withers in addressing the Court. He stressed the point that this evidence had to be analysed according to the interpretation of Maori customary law as this existed not to-day, but in 1888, when the title, to the block was first investigated. The old-time Maoris, said Mr Withers, were simiiiar in many respects to the ancient R*omans, and in no characteristic was this similarity more marked than in the fact that both races had evolved a system of customary law—jaw based upon ancestral and ancient customs and usage. But the civilisation and learning of Rome brought about a modification of its Roman law, and this* stage of development Maori customary law had failed to reach. To its lack of codification was due the peculiar susceptibility of; Maol'i customary law Vo evolution. A. fixed and published Civil code such as:, that of Justinian Was by reason of its physical constitution less susceptibeto constant changes than the customary aw Of the Maori. The -hearing of the evidence was. concluded-, and the case will be referred Tb the Chief Judge of the Native; Land Court for decision.