Mangonui, Aug 4 NZPA - An Australian property investor will be back in court next week in a second legal attempt to take possession of a commercial property he bought at a mortgagee sale four months ago.

A group known as Nga Uri o Tupoto Maori are occupying the former furniture store building in Broadway, Kaikohe, purchased for $80,000 by investor Glenn Hannah four months ago.

He's been unable to set foot in the building because Maori occupiers claim their tangata whenua status over the land on which the building stands gives them native title and allows them to stay -- overriding any other property law or title.

A District Court hearing in Kaikohe last week upheld Mr Hannah's ownership rights and title to the property, and an eviction order was issued by the court against the Maori occupiers late last Friday, too late in the day under legislation for police to act.

The group appealed Judge Keith de Ridder's decision to the High Court however, and Mr Hannah said today that appeal is set down to be heard in the High Court at Whangarei on August 13.

He told NZPA he was preparing his statement of defence today but believed the whole matter "should have been knocked on the head three months ago".

"I've been through a legitimate sale process. I've been to court and now it (the property) has been taken out of my possession by the occupiers," Mr Hannah said.

He had suffered considerable losses because of what had happened since the sale and would represent himself in next week's court hearing.

"I can't afford a High Court lawyer."

Mr Hannah said if the court was going to allow this "abuse" to continue, he would ask it to order Nga Uri o Tupoto to lodge a sum of money in the court to cover his costs.

Kaikohe police have said those occupying Mr Hannah's building cannot be evicted while an appeal is to be heard and until the court process has run its course.

The property was put up for sale by the TSB Bank when the mortgage was not paid. One of the occupying group, Gina Craig, is the widow of the property's former owner.

Members of the group say they are not interested in the building, only in the land on which it stands and over which they claim to have native title.

NZPA