NATIVE LANDS.

Dominion, Volume 1, Issue 305, 18 September 1908, Page 4

NATIVE LANDS.

WORK OF THE COMMISSION; IMPORTANT RECOMMENDATIONS. A number of reports of the Native Land Commission (Sir Robert Stout and Mr. A. T. Ngata, M.P.) were presented to Parliament -p 011 Wednesday. In a summary of the work dono by them sinco tho last session• of.Parliament,;-., tho Commissioners' name placesip-'ni ■whore they have ; held sittings,' -and "tliey enumerato twenty-two Reports'; which presented during tho period, wider 1 ' Special reports were submitted dealii'ig, •' with the Orakoi Native Reserve j defining tho - area of the Waimarama Estato to bo leased to Ellen Gertrudo Meinertzhagen in terms of Section 40 of the Maori Land Claims Adjustment and Laws Amendment Actj 1907: and 011 the operation of Scction 11 of the Native Land Settlement Act, 1907.- " In order to facilitate the carrying out of our recommendations (say tho Commissioners), and to avoid complications arising from privato dealings during tho period for completing titles, surveys, and other necessary details, wo recommended the issue of Orders-in-Council tinder Section 10 of tho • Native Land Settlement Act, 1907, prohibit', .... ing private alienation for a tenii not exceeding twelve months over a number of blocks of tho total area of 183,030 acres." ". .. Tho areas dealt with by the Commission, ;... in tho reports above referred to are as follow:— - ■ :"!•?. A. B. ?. . Leased or under negotiation. . : , :i - for leaso 915,970 2.31 •- Recommended for Maori >. , r and general settlement...' 1,295,268 1 33 Vested in boards and trus- . tees, and available for • • ■ ' settlement ... :.. 500,365 017 Papatupu lands ... ... -~423,582 215 Total ... ... 3,135,156 316;' "" RECOMMENDATIONS ANALYSED. ' '' The area covered by the recommendations ; of the Commission is 1,295,268 acres 1 rood 33 perches. The following is an analysis of ■ the recommendations. ■ 1. For Maori occupation— ' A. .-- ...E. P. (a) As papakaingas, burial • a* ,ti; reserves, family farms, , -piO. etc ... . 517,095: 0 16; : " (b) .As communal farms to bo incorporated ... 89,722 -3 25, (c) To bo leased to Maoris, : v.., whether.-specified or not . 36,156 :,-3 33.; ir ; • 613,574 339 2. For general settlement— . vv . (a) By salo 64,192 0 2,8: >- (b) By lease- ... ' ... 409,617 1' 2 '-. (c) To be incorporated ' »»> under Section 28 of 1 • the Maori Land Claims . : Adjustment and Laws- ■ V Amendment Act, 1907 .177,854''0 .4 ' . - 651,693 1 34 mil SELLING AND LEASING—A DIFFICULTY. Tho Commissioners direct attention to'cer-";/ tain difficulties' created by the provisions''of i.' 1 ' Section 11 of the Native Land Settlement'' Act, 1907. . Thev state that injustice might bo done were the Maoris under the said"';, section compelled to sell half the land they,,' /; desired only to lease, or to lease half of the land they desired only to sell. "Wo " mentioned also cases in which the interests', of minors might bo prejudiced by this pror . vision, and its likely cffect upon other lauds" held on trust, or for endowment./ It is truo that under this section the duty is . cast upon tho Maori Land Boards in the various districts to carry out the equal division into lands for . sals and for lease. It was not' part of our duty "as a commission , to recommend such division, but only, as it were, to declare that the Maori owners of a district or of particular blocks had so much surplus laud for disposal under this section.- ■ At.tho same time we were placed";.,, in tho position' of setting in motion machin- . ery which brought into operation tlnV sec-' tion, and this we felt wo could • not do in many cases. There is 110 doubt that many Maoris were prevented from appearing before tho Commission by their knowledge of the existenco of' this provision. It may . therefore bo said to be a direct encourage- ■ • ment to the Maoris riot to nut their lands under the management of Maori Land Boards,; but to. allow that system of private laud dealing to continue which permits certain favoured persons only to obtain tracts of Maori lands.' -We referred also to cases where the Crown has recently purchased', largo areas of land from tile Maoris, : particularly in Upper Whanganui, in the King ' Country, and the Thames. In a general '. review of the' position of lands in any particular district, it appeared to us fair' ' * to take into consideration the area made available for general settlement by tho Crown ' purchases during the last two or three years. Generally speaking, the qutstion arose whether tho area ■ sold to . the Crown should; ho deemed to be land sold under Scction 11, or were the boards to be compelled, as to. tho-j,.-unpurchased residue, to divide the same into equal parts, and so fulfil tho letter of '■'the. section. Wo deemed it our duty to point "" ' out these difficulties, and to adviso that tho' section may bo amended so that'the'boards "'V may not be hampered in tho administration' ; of Native lands, in accordanco ,as - far-'tis; possiblo with the wishes of tho Maori owhers ; as outlined in tho recommendations wo have; made from time to time."

LEGISLATION RECOMMENDED,' '' ; "Wo desire to refer to recommendations .of a general nature requiring legislative action, ilThey are as follow: — "l. As to blocks vested in the Maori Land , Boards by virtue of the Maori Land Settle- -, ment Act,, 1905, and its' amendments, wo - havo pointed out to the Native Minister that, the system of leasing provided in Part II of.tho Native Laud Settlement Act, 1907, Sec-,-, tions 85 to 57, does nofc apply to areas set aside for lease to Maoris out of lands vested : in the board by virtuo of Scction S of>the,, Maori Land Settlement Act, 1905, notwithstanding , Section 23 of tlio' Maori Land Claims Adjustment and Laws Amendment Act, 1907. The latter refers only to lands vested by virtuo of Section 4- of the Maori Land Settlement Act, 190 G. The rosult is that preference cannot be given in leasing to the owners or to Maori tenants specified. ■ by themselves, as contemplated in .tho'system of leasing to Maoris provided by Part II of tho_ Native Land Settlement' Act, 1907. Wo think that tho law requires amendment ;' to give this preference. ; "2. The probletrt was presented to us in'.' dealing with papakainga' areas in lands vested in tho Board, that ( no power exists. . for defining what beneficiaries shall have tlio use of these papakaingas. • They arc/re- ■ served, wo take it, for all tho' beneficiaries; and if a dozen reserves,wore made in any block all'the beneficiaries would be . entitled to residence on and use of each of tlieni. Wo are of opinion that during the currency. 1 of the leases tho use of tho papakaingas should bo restricted to beneficiaries ta be determined by the board or other tribunal. Absentee owners should prima facie bo excluded, ajso owners who may take leases of sections; and as between resident owners no bno owner should have tlio use of moro than one papakainga in any block. If tliia wero not done wo think that the difficulties ' of tho communal system would be intensified by the restriction of the beneficiaries to papakaiiigas without defining their rights of user and occupation. The difficulty, "wo' understand, has already arisen ill regard to such areas-in' blocks administered: by "tho board in the North of -Auckland. "There are also matters, affecting-specialr;-districts which require legislative,,action,''.. : : , v