AN INTERESTING DECISION

Wanganui Chronicle, 26 August 1901, Page 2

AN INTERESTING DECISION

(Per Press Association.)

AUCKLAND, August- 25.

Justice Connolly gave an important decision offecting native lands in the case Putataka No. 1 A and B. A lease was granted to Alex. Jtuir, jun., and presented to fhe'Native Land Court for confirmation. The Court refused to confirm on the ground that the land was inalienable by section 117, of the Native Land Court Act. 1894. Against i)his decision an appeal was made, and argued before Judge Oonolly, the ground of appeal being that the land, granted under the New Zealand Settlements Act, was exempt from the operation of section 117 of the Native Land Court Act. Authorities were quoted to show the word "purchase," in the lejjal meaning, included every other method of acquiring land except inheritance. His Honor held that the term, purchase might be interpreted in a more restricted sense than the legal definition, but as the land granted under the New Zealand Settlements Act purported to be before good consideration, the land in question was acquired by purchase, and he would report accordingly to ths Native Land Gourt. This affects a large area in the Waikato, as the bulk of the lands within the confiscated area are held by the natives under the settlements grant, and therefore in the terms of to decision, can be dealt with -/y lease or sale notwithstanding the restrictions of the iNative Land Court Act, JS94.