114
THE NEW ZEALAND GAZETTE.
[No. 4

Gisborne on the 20th day of November, 1896, before James Booth, Esq., a Commissioner of the Court, and Rawiri Karaha, Assessor: And whereas as the result of such inquiry it appears that the Court had been wrongly informed as aforesaid, and that the said partition was unfair to the purchaser:

Now, therefore, for the purpose of remedying the same, and in exercise of the powers vested in me as Chief Judge of the said Court by section 39 aforesaid, I hereby order that the said partition be, and the same is, hereby annulled, to the intent that a new partition of the said Papatu A2 Block may be made by the Court.

I direct that notice hereof be given in the Gazette and Kahiti.

As witness my hand, this 10th day of December, 1896.

GEO. B. DAVY,
Chief Judge.

Application to the Validation Court under “The Native Land (Validation of Titles) Act, 1893.”

IN THE VALIDATION COURT
AT WELLINGTON.

In the matter of “The Native Land (Validation of Titles) Act, 1893,” and its amendments; and in the matter of a parcel of land known as Manawatu-Kukutauaki No. 4B, Section No. 1.

1. THE applicant is Robert Ransfield, otherwise called Ropata Ranapiri, of Waikawa, near Manukau, in the Provincial District of Wellington, sheep-farmer, half-caste.

2. The applicant desires to appear before the Validation Court, to ask for relief, on the 24th day of February, 1897, at 10 o’clock in the forenoon, at Wellington.

3. The transactions proposed for validation are:—

(a.) A conveyance, dated the 3rd day of September, 1878, from Moko Hikitangi, of Manukau, aboriginal native, to Hakaraia te Whena, of Otaki aforesaid, farmer, of all the share and interest of the said Moko Hikitangi in a block of land known as Manawatu-Kukutauaki No. 4B, subject to a lease thereof to the said Moko Hikitangi for his natural life, at a nominal rental, in consideration of £62 10s.

(b.) A conveyance, dated the 18th day of December, 1878, from the said Hakaraia te Whena to the applicant of all the share and interest (so acquired by the said Hakaraia te Whena) of the said Moko Hikitangi in the said block of land, subject to the lease thereof to the said Moko Hikitangi, as aforesaid, in consideration of £125.

(c.) A conveyance, dated the 18th day of December, 1878, from Manahi Paora (alias Manahi Pohotiraha), since deceased, to the applicant of one-half of the share and interest of the said Manahi Paora in the said block of land known as Manawatu-Kukutauaki No. 4B, in consideration of the sum of £62 10s.

4. The title of the above-named Maori alienors to the land intended to be alienated was at the time of the said alienation under Native Land Court certificate of title under the Native Land Acts, 1865 and 1869. The said certificate of title was in favour of the said Manahi Pohotiraha (alias Manahi Paora), Moko Hikitangi, and eight others, and did not contain, nor were there indorsed thereon, any restrictions on alienation. An order recommending restrictions to be inserted in the Crown grant had been made contemporaneously with the order for the issue of a certificate of title, but no record of this order was kept on the file of papers in the Native Land Court Office relating to the title of the said block, and the said order was unknown to the parties to the said alienations.

5. The Crown grant of the said block of land known as Manawatu-Kukutauaki No. 4B was issued and dated on the 17th day of August, 1882, and shortly afterwards registered as Vol. xxx., folio 73, on the Land Transfer Register, Wellington, and was in favour of the said Manahi Pohotiraha (alias Manahi Paora), Moko Hikitangi, and the eight others named in the Native Land Court certificate of title. The said Crown grant granted the land comprised in it as from the 12th day of May, 1873, and contains a proviso making the land inalienable by sale, or by lease for a longer period than twenty-one years, or by mortgage, except with the consent of the Governor being previously obtained to every such sale, lease, or mortgage.

6. Partition orders were made by the Native Land Court on the 18th day of July, 1889, and by one of these it was ordered and declared that the applicant to the extent of 134 acres and 32 perches, and the above-named Hakaraia te Whena to the extent of 145 acres and 2 perches, were entitled to that part of the said block which was then called by the Court Manawatu-Kukutauaki No. 4B, Section No. 1. The said partition order, so far as regards the interest awarded to the applicant, was made in his favour on the ground of his having acquired the share of the said Moko Hikitangi and one-half of the share of the said Manahi Paora in the said block.

7. The said partition order in favour of the applicant and of the said Hakaraia te Whena was registered at the Land Transfer Office, Wellington, on the 21st day of October, 1890, and a certificate of title under the Land Transfer Act (Vol. lvi., folio 120) issued in favour of the applicant and the said Hakaraia te Whena.

8. A further partition as between the applicant and the said Hakaraia te Whena was made by the Native Land Court by orders dated the 1st day of November, 1890, 134 acres and 32 perches (which were then given the name of Manawatu-Kukutauaki No. 4B, Section No. 1) being awarded to the applicant, and the part awarded to the said Hakaraia te Whena being called Manawatu-Kukutauaki No. 4B, Section No. 1A.

9. The order in severalty in favour of the applicant, mentioned in the last paragraph, has not been registered at the Land Transfer Office, but that in favour of the said Hakaraia te Whena has been so registered, and a fresh certificate of title issued to the said Hakaraia te Whena individually.

10. The applicant still holds under the said certificate of title, Vol. lvi., folio 120 (issued to him and to the said Hakaraia te Whena) as the registered proprietor under the Land Transfer Act of 134 acres and 32 perches (unallocated), part of the section originally called Manawatu-Kukutauaki No. 4B, Section No. 1, and he claims the right to register under the Land Transfer Act the partition order of the 1st day of November, 1890, allocating the said 134 acres and 32 perches, and awarding them to him as Manawatu-Kukutauaki No. 4B, Section No. 1.

11. The District Land Registrar at Wellington, at the instance of persons disputing the title of the applicant, on the 27th day of February, 1896, lodged a caveat against the said certificate of title, Vol. lvi., folio 120, forbidding the registration of any dealing affecting the applicant’s registered interest.

12. Proceedings have since been taken in the Supreme Court at Wellington, in the name of the said District Land Registrar, by which it is being sought to obtain an order that the said certificate of title, Vol. lvi., folio 120, be delivered up to be cancelled, on the ground that the partition order on which it was issued was null and void, the applicant being neither an original grantee of the said block nor a successor of any grantee deceased, but claiming under a purported alienation which was null and void owing to the restrictions on alienation of the said block.

13. The applicant fears that by the said proceedings or by other proceedings attacking the said alienations to himself and the said partition orders in his favour made by the Native Land Court, his title to the said parcel of land known as Manawatu-Kukutauaki No. 4B, Section No. 1, may be taken away.

14. The estate or interest which the applicant seeks to obtain or to have confirmed through the aid of the Court is an estate of inheritance in fee-simple in the said parcel of land known as Manawatu-Kukutauaki No. 4B, Section No. 1, containing 134 acres and 32 perches, as awarded to him by the Native Land Court, on partition, on the 1st day of November, 1890, subject as to 84 acres and 32 perches thereof to the lease to the said Moko Hikitangi mentioned in paragraph 3 of this application.

15. The applicant names the offices of Messrs. Kirk, Atkinson, and Wilson, of Panama Street, in the City of Wellington, solicitors, as the place where notices, orders, and other documents may be served upon the applicant by leaving the same at such place for him.

16. The applicant names the said Moko Hikitangi, the said Hakaraia te Whena, Amiria Paora, and Winia Paora, both of Manukau aforesaid, aboriginal natives, and Pirihiro Paora, of Poroutawhao, in the Provincial District of Wellington, as the persons upon whom the applicant requires that copies of this application shall be served.

Dated this 23rd day of December, 1896.

KIRK, ATKINSON, AND WILSON,
Solicitors, Wellington

(Agent for ROBERT RANSFIELD, the Applicant).

To the Registrar of the Validation Court,
Wellington.]