WHO OWNS THE BED OF THE WANGANUI RIVER? THE STATE OR MAORIS?

Wanganui Chronicle, 31 May 1949, Page 4

WHO OWNS THE BED OF THE WANGANUI RIVER? THE STATE OR MAORIS?

Who owns the bed of the Wanganui River—the Crown or the Maori people? This question was placed before Mr. Justice Hay in the Wellington Supreme Court for decision, but, after hearing lengthy argument and submissions, he reserved his decision yesterday. No fewer than 63 volumes of law, every one ticketed for ready reference, were lined up in front of the four counsel engaged in the case, which has now dragged on for 11 years. Counsel for the Crown were the At-torney-General, Mr. H. G. R. Mason, K.C., and with him Mr. R. E. Harding. On the other side was Mr. F. C. Spratt and with him Mr. B N. Vickerman. One of the contentions is that the Coal Mines Act vested the beds of all navigable rivers in the State. • The matter came before His Honour on an application by the Crown for a writ of certiorari to bring earlier Maori Land Court proceedings before the Supreme Court to be quashed on the ground that that body has no jurisdiction over the beds of rivers. The defendants cited were the Chiet Judge of the Maori Land Court and Titi Tihu, of Taumarunui, who was stated by Mr. Spratt, to represent the whole of the Wanganui tribe, which was divided, he said, into sub-tribes with families residing along the river’s sides. The Wanganui River Board Trusi Act. of 1891, by which certaain rights were afforded to a board, expressly preserved the Maoris’ rights customary and otherwise, said Mr. Spratt. Records showed, nevertheless, that the Maoris resisted the exercise of the authority conferred on the board, and complained of interference with their rights and fisheries. Mr. Spratt submitted that the Maoris' rights existed before the proclamation of sovereignty and existed now, unless it could be shown that they had been extinguished. Mr. Spratt, at the conclusion of the hearing, submitted that the Maori Land Court had exclusive jurisdiction in the matter under part 4 of the Act.