TROUBLE OVER A LEASE.

Gisborne Times, Volume XXIX, Issue 3174, 21 March 1911, Page 2

TROUBLE OVER A LEASE.

NATIVE LAND AT WHANGARA.

ACTION IN SUPREME COURT.

DECISION RESERVED

The hearing of the case Henry Cheetham Jackson and Hapi Hinaki, of Whangara, v. Robert Knox, a claim for an injunction to prevent alleged trespassing and £3OO damages, was continued before His Honor Mr. Justice Chapman at the Supreme Court yesterday. . _ r Mr. W. L; Rees, -with him Mr. G. Stock, appeared for plaintiff, and Mr. L. T. Barnard for defendant. Hapi Hinaki, continuing his evidence, said there was an agreement by which he and his people were to keep the bush area as a reserve. He let Mr. Lardelli have a few trees at £1 per 100 posts, in order to buy wire for station purposes. He did not sell Knox any trees, and he did not know whether his son did, though he had heard his son had sold him some trees. Witness did not know of any dispute between himself and Noa Whakaatere until Knox began to cut down trees, and then he knew Noa was acting against him. He knew Knox was representing Noa. Witness was in occupation of that portion of the lease which was on the other side of Captain Tucker’s property. Noa and witness were entitled to the 277 acres. Tliis was the balance of the land to which Noa would he entitled. The Natives came to an arrangement between themselves regarding the land, and none of it was to he sold,, but all was to he held. Noa had no interest in the lower portion of the property, and was admitted on condition that lie did not cut the hush in the upper portion. Witness was married to Noa’s sister. If lie had known what was going to happen lie- vould have purchased Noa’s interest, as the lease provided that the latter had to sell to his partner. The puriri trees were all destroyed by fire, and would never sprout again. Robert Dunn said that he had known the Whangara block HI for twelve years. He had examined the bush, and as far as he could see the best part of it had been burned. He noticed that about 46 trees had been destroyed, and he judged the timber in these trees by the timber which was left standing. There were 25 trees uninjured, and they would provide posts if used quickly. He counted 46 stumps altogether. He estimated that the standing trees would yield 6000 posts, and he reckoned that about 9000 posts had been destroyed. This was allowing for 20 per cent, of bad trees. He could sell as much timber for posts as lie could get. If they had to go elsewhere it would cost £1 per hundred posts, against. £3 10s per hundred. He had seen rimu and maitai in this hush. To Mr. Bernard: A big percentage of the forty-six trees were green when they were destroyed. He was positive they had all been destroyed within, six months. The sum of £1 a tree was not a fair twice at which to sell the trees.

Harold Carr produced the minute book of the Native Land Court showing the minute made when Whangara fi was subdivided and vested in Hapi Hinaki and his party and Noa Whakaatere and his party. The order giving 1 effect to the'minute had not yet been sealed, as a survey had not been made. To Mr. Stock: The time of .appeal against these orders had gone by, and if the land had been surveyed the partition of the estate would have been made.

Huni Peti said that he resided at Whangara. He remembered going through the bush that had been burned with Dunn. He was instructed to go through it to see how much was burned and what timber there was left in it. He was present when Dunn examined the trees. They both took notes of each tree. Witness looked at 43 trees that were damaged, but there was a small portion of, the bush which lie did not examine. There were only 43 damaged trees in all as far as he counted, and 23 were not damaged. luipu Hinaki, son of Ha-pi Hinaki. said that he had gone over the burned bush with' Dunn, and what Dunn stated was quite- correct. Pie had not sold trees out of the bush. This concluded the evidence for the plaintiffs.' EVIDENCE FOR THE DEFENCE. For the defendant, J. C. Field said that he had been a sheep-farmer in Poverty Bay for 25 years. In company with a number of other gentlemen, last week, he made an inspection of the bush on the Whangara Blocks. It was about 79 acres in area, and was on the western side. They made a careful inspection, and found' 12 trees had been 1 destroyed. They were most careful to estimate the number of posts that had been lost by burning, and were able to estimate the value of the trees for splitting. He would say that 540 posts hao been destroyed in the trees actually burned and the average value was about £1 per tree: There were ten, trees left, exclusive of-puriri t-res, and the puriri trees that were lit to split numbered 13. ' There were a lot of saplings that had not been touched. He had had considerable experience in bush country, and the trees he saw constituted the usual class of bush in the district. His method in regard to bush-felling was to cut down a great many more trees than had been done in this particular block to ensure a good burn. Knox had preserved a great many more trees than Was usually the case. Some' of the land was down- in grass and some in turnips, and the .value of the land had. considerably increased in consequence. It would take about 6000 posts; to fence this land, and this was not allowing for building or yards. The puriri was- only fit for posts. The bush would,' be about, two miles long and about 20 chains across at its widest part.

The Hon. Captain Tucker said that he had acted as agent.for Noa Whaaakatere since 1872. Noa . went to witness stating that Knox had been asking him if lie could lease/the land. Witness wanted to- know what Knox would offer

and after they discussed the matter, Noa instructed witness" to see Knox and make a proposal to him. Knox saw witness and., agreed to enter upon the land and i effect improvements, which witness understood he had made on condition that when Noa was able to make him a lease he would. The matter had then been so long before the. Native Land Court that Noa was despairing ot gsttin git settled. Witness, on Noa’s behalf, went with Noa to see Ml’ Rees in order that he might take steps to bet a partition. He went to Mr Rees on one or two occasions himself to see why it was hot settled. It seemed to him that a partitiaon of this kind should have been fixed up. Noa. had been for ten or eleven years trying to get the matter fixed up, and "he hal not got any satisfaction. It seemed fair that if Hapi obtained possession of 600 acres. Noa should) have 277 acres. Jackson had never disputed Noa’s right to the 277 acres and something more. Witness knew this -particular property, and, speaking of' puriri trees, some of the largest trees he saw were certainly not on the 277 acres. There had been two fires to his knowledge through the land. A sound puriri tree would not burn, but a hollow one would. Noa bad never disputed witness’ right to act for him. Witness had had knowledge of sheep-farming in Poverty Bay, and the result of Knox’s work was to clear the bush and sow grass, thereby consid.erably improving the property. Puriri trees, could be split for £3 10s, but it would cost at least £5 per 100 to turn out the posts. When Knox went on the land he was told lie was to be careful with these puriri trees, and as far as witness knew he had not broken that condition. Witness gave Knox written authority to go on the land. The rent was to be-, lie thought. 3s per acre for two years, 4s for two years, end 5s for the balance. He had not seen any evidence that Hapi and Noa were trustees for their resjiective parties. His Honour pointed .out that; in 1901 the land was let,for a period of 21 years. The rent for the first term of seven years was £49 : 155, the second term £99 Bs. and the third. term £l9B 16s . Continuing, witness said that he supposed he mentioned to Knox that Noa was to get a partition order. It was understoo dthat Knox was to take this land to : the exclusion of Hapi. siding at Pakarae, said that a good deal of bush country had passed through his hands. In company with others, he made an inspection of some country on the Whangara Block, and they estimated) that about 540 or 550 posts had been lost through the fire. There was never much puriri timber on the land that was any good. If he had been felling the bush he would have felled a great deal more pjuriri. Knox had preserved the puriri trees as far as possible. If the 79 acres had to be felled at all, the defendant would have had to fell and clear just as many trees as lie had cleared. There were John Robert Hu-rrey station manager for the Hon. Captain Tucker, said that he knew the bus]! the subject matter of this action. It was the fringe of the land they were occupying at the present time. The portion now in.dispute was not the best part of the hush, and was not so highly situated as the best puriri. bush. Two fires had previously gone through the bush in the last six years, and must have destroyed some of it. Witness had seen Knox, Lardelli and the natives cutting trees. All the timber adjacent to the road, and which was easily available, had been cut out. A fair estimate, when he saw the bush in 1597 was between 4000 and 0000 posts. He had had 40 years’ experience as a sawmiller and this particular bush was not worth touching, as the trees were very faulty. What maitai and rimu there was was required for purposes of the land. Ivnox could not have done less harm than he had done to the puriri if the hush, had to he cleared. John Harvey, a carter residing at Gisborne, said that he know: the hush well, and had inspected it since the fire. Knox had used every reasonable preserve the puriri trees. After hearing legal argument, his Honour reserved his decision.