Trustee advocates changes to law

Press, 23 September 1988, Page 4

Trustee advocates changes to law

The deterioration of reserved lands as a source of income to the Maori owners, as intended in the original enactments, had to be remedied, the Maori Trustee said in submissions to the Waitangi Tribunal. “There has been enduring concern to the claimants over the application of the Maori Reserved Land Act 1955 and its effects, in particular the perpetual renewal of leaseholds and rent provisions, as well as, in some instances, restrictions on occupation and use. “The beneficial owners are not alone in their concern. The Maori Trustee has expressed for some time that the legislation is most iniquitous in respect of the interests of the beneficial owners and has openly advocated, and given every practical support to, numerous petitions for change in the legislation.” The Maori Trustee’s office was not a department of State nor an agent of the Crown in the administration of reserved lands, it was said. “As a corporation constituted under the Maori Trustee Act 1953, the Maori Trustee is em-

powered by statute to administer reserved lands. “In that respect the Maori Trustee has an interest in these proceedings, not only in his personal capacity, but to represent the best interests of the beneficial owners of reserved land who come under his trust. “Their interests are paramount.” The Maori Trustee’s submissions said that “the numerous allegations of breach of trusteeship and charges of mismanagement made by some witnesses of the claimants have not passed the attention of the Maori Trustee. “Such allegations are serious as they impinge on the integrity of the office and its management. Such allegations are, of course, denied. “Moreover, it will be submitted that such accusations fall outside the jurisdiction of the claimant’s claim.” The Maori Reserved Land Act 1955 was under review. It was the policy of the Government to address the issue of perpetual rights of renewal and provisions relating to reviews of rent or leases under the act. “At this stage of the

review, the Minister of Maori Affairs intends to consult all perpetual leaseholders, including the lessors, and has given his assurance that both parties will be consulted before the enactment of legislation.” The deputy Maori Trustee, Richard Timothy Wickens, in evidence before the tribunal yesterday, said that consultation had emerged as the biggest issue in the administration of the reserves. “Even today, the Maori Trustee finds himself criticised for his lack of consultation, yet few major decisions are taken without an attempt to do so,” said Mr Wickens. After noting the cost of Maori land administration, he said that “if the achievement of the ideal were possible — and I imagine it is not — the costs would be prohibitive, at least without regular subsidies from the Government.

“The real problem is that of multiple ownership which, for Maori land, increases the cost of administration well beyond that for solely-owned general land,” said Mr Wickens.