NATIVE LANDS.

Auckland Star, Volume XL, Issue 270, 12 November 1909, Page 7

NATIVE LANDS.

THE GOVERNMENT PROPOSALS. A BIG POLICY. (By Telegraph.—Parliamentary Reporter.) WELLINGTON, this day. Although the main features of the Native Land Bill, which was circulated last night, were sketched in the Financial Statement, the general public will not readily grasp from those outlines the full significance of the measure in its relation to the settlement of the native land problem. The size of the bill gives an idea of the enormous expenditure of labour involved in its preparation. There are 424 clauses, and most of them contain lengthy sub-clause 3. The bill is divided into 23 parts, each relating to a specific branch of the native land question, the whole being carefully co-ordinated to form a complete scheme from the process for extinguishing the native title over land until its actual settlement by private contract, public auction, or selection under the general land laws of the Dominion. Seventy-one different statutes (public, local, and private) are affected by the consolidation. Many Acts long buried in the dust of libraries have been resurrected and overhauled if perchance they contain provisions still operative and likely to cause complications in the future. Seven-eighths of the statutes affecting native lands are by the bill wiped off the legislative slate to make room for one comprehensive measure. The draftsman has taken as the basis of the measure the ordinary law of the Dominion relating to property, assuming that property is owned by a European. Becnuse of the native custom and customs of landholding. inheritance, succession, and other incidents of the native title, the Legislature in the past departed from the basis of European law, or rather grafted upon it provisions, and made from it exceptions designed to meet the circumstances, and from this cause arose the establishment of the Native Land Court.

Under the bill, the term "native" means a Maori or half-caste or a person intermediate in blood between a Maori and a half-caste. Alienation of native lands may bo effected in four different ways— (1) private alienation by the owners themselve.?; (2) alienation by a Mnori La.id Board as 'the statutory trustee or agent of the owner; (3) alienation by the committee of management of the incorporated owners; (4) alienation in pursuance of a resolution or a majority of the owners assembled in a meeting called for that purpose by a board. Private alienation is prohibited in cases where the land is owned by more than ten owners in common, unless the lxiard of the district thinks fit in special cases to permit such alienation. In the case of leases, special provisions are made for securing to the tenant compensation for his improvements. Alienation by a Maori Land Board is to be effected by public auction or tender by way of lease and sale in equal proportion. NATIVE FREEHOLDS. Owners of Maori land, in meeting assembled, may (a) vest the-land in the Board for sale or lease; (b) agree to incorporation by the Native Land Court; (c) carry into effect any proposed alienation —that is, sale or lease—to a particular individual; (d) sell the land to the 'Crown. The right to succeed to native freehold land owned by a native is determined by native custom. A native has the same power of disposing of his land as a European has. save that no native land can be left by the will of a native owner to a European other than the wife or husband of the testator, a European who would have been entitled had the deceased died intestate, or a relative not more remote than the fourth degree. If a testator does not make sufficient provision for the maintenance of his widow, children, or orphan grandchildron, the Native Land Court may appoint those persons a sufficient share of the estate. NJitive freehold land does not vest in the executor or administrator of the deceased native, but passes directly to the successors. Native land is exempt from the duty imposed by the Death Duties Act. as that land does not vest in the administrator, by whom the duty is payable. In lieu of that duty it is provided that every succession order made by the Native Land Court shall, except in the case of small estates, be subject to native succession only, at the rate of 2 per cent, of the value of the land so acquired by the succession. MAORI MARBJAGE LAW. It is provided by the bill that all marriages between natives must be celebrated (1) in the same manner as a marriage between Europeans; (2) or in the presence of an officiating minister under the Marriage Act. but without the conditions and formalities required by that Act. Adoption by native custom is abolished, and adoption by order of tho Native Land Court is substituted. MAORI LAND BOARDS. In the North Island there are to be not more than seven and no less than four Maori land districts, as defined by the Govern or-in-Cbuncil. For every such district there will be a Maori Land Board, the president of which will be appointed by the Governor. The boards' expanses of management will be paid out of the properties placed under their control. PARTITION. A good many clauses are devoted to the subject of partition. The Native Land Court; is given exclusive jurisdiction to partition native freehold lands, and it is given discretionary power to refuse to partition when it considers that partition would be inexpedient in the public interest or in the interest of the owners or other persons interested in the land. The provisions of the Land Transfer Act as to provisional registration are, so far as applicable, embodied in the hill. Power is given to the Court to paftition the land, either into parcels held by single owners or into parcels held by any number of owners as tenants in common. On partition, road lines must be laid out Ito the extent decreed by the Court. •EXCHANGE. Power is also given to the Native Land Court to effect alienation of native land by way of exchange, providing it is satisfied that due regard is paid to the interests of all concerned, and that those interested are consenting parties. In this connection it is also provided that in order to facilitate the consolidation by way of exchange or obherwise of the interests of owners into suitable areas, the Native Minister may call upon the Court to prepare a scheme of such consolidation with respect to any specified aTea, and such scheme must be submitted to the Governor for his approval. Only native freehold land can be so dealt with. Any such scheme is subject to confirmation by ; Order-in-Ooniwil. - •—'...

Under the heading of Limitation of I Area, the bill provides that no one may i acquire any Maori land which will bring his total holding beyond the limit of 3000 acres, except by way of will or intestate succession, and except in respect to what is described as "poor" land. EUROPEAN SETTLEMENT. Provision is made for the opening up for European settlement areas of native land recommended for that purpose by the Native Land Commission, for which purpose they are to be vested in the Maori Land Board of the district. All land Bet apart for sale must be sold by public auction or public tender to the highest bidder or tenderer. Provision is made for the compulsory residence of the purchaser on the laud, and for the carrying out of certain improvements. All land set apart for leasing is to be leased by public auction or public tender, but the Board iB empowered to lease by private contract in special cases. CROWN PURCHASE. For the above purpose a native land purchase board is constituted, consisting of the Native Minister, the Under-Secre-tary for Crown Lands, the Under-Secre-tary of the Native Department, and the Valuer-General. Pending purchase by the Crown the Governor may prohibit alienation. Power is given to the Crown to purchase from a Maori Land Board from incorporated owners or from assembled owners, or by way of private alienation, but it is not to be allowed to pay a price less than tho value assessed under the Valuation of Land Act. Also it is laid down that the Crown must not purchase native land so as to render any native landless, nnd all land so purchased is to be subject to the conditions of the Land Act. The purchase money may be paid direct to the native owners, or in a variety of ways calculated to preserve the interests of the owners. The Crown is also empowered to exchange Crown land for native land under certain conditions.

Surveys of native land are to be made by the Crown, and the post of survey is to be made a charge on the land.

The bill was set down for its second reading this afternoon at 2.30

Mr. Massey asked was it intended to put the bill through this session?

The Hon. J. Carroll replied that it was hoped that the measure would find its way on to the Statute Book before the session ends.