THE NATIVE LAND COMMISSION'S REPORT.

Dominion, Volume 2, Issue 484, 17 April 1909, Page 9

THE NATIVE LAND COMMISSION'S REPORT.

A .CRITICISM AND SOME SUGGESTIONS . Sir,—Now that tho Nativo Commission ha handed in its forty-second and last report ono is justified in asking whether tho wor done has not been purchased 'in a hig market—whether, tho results will pay;. on pqnnyweight to the ton. That becauso a con mission recommends for general settlemen 696,000 aores ; wo are to assume that such recommendation, will facilitate', settlement i fallacious, ■' for tho trials and delays in; tli administration of our Native land laws woul postpone.tho day of judgment. Again 867,000 .acres earmarked for Maori occupo tion, means that 90 per cent, of this lain will be locked up, idle, and become the hom of the noxious weed and, the rabbit. Som may'ask why?. Tho answer is obvious These eight hundred odd thousand acres ar cut up in most cases for individuals o families. Before occupation or use they mus bo surveyed,'roaded, and fenced, and if'tha .is ever'completed, stocked. Now, where i the money to come .from? The Natives havnone, and .the Advances to Settlers Depart ment is financiajly' as dry ae a No-Licens district, and if it woro not, lending liione; on mortgage to Natives is a most' dangerou policy, unless the mortgagee' is anxious t< obtain tho land; or, the money advanced i jealously conserved by an administrator. ■■'. But of these great problems more anon I more especially wished to adversely oriticis< somo'of the conclusions arrived at in thi final report of the ■commission. Ono siig gestion.is the establishment of regular, cir cuits for the Native Land This fex periment has been tried and failed, , and-to day wo learn that history is to repeat itsel; and district judges are to.' bo appointed Nothing now, no progressive originality only tho disinterring of tho dry bones of tin past. 'The. report goes on to say, ; ; "Judge* would bo relieved ' of much of.the routim work (in which is included tho majority oi succession claims) if the ■ Registrars of th< Court were appointed sub-commissioners foi the purpose,of dealing .with' succession cases claim's for adoption; and the like." Surelj the writer of. this proposal .must be -verj ignorant' of Native Land Court'practice, or h< should know that the mosfcomplicated-case: submitted to our Nativo Courts are "succession easels, claims for adoption, and the 'ike,'- 1 and again, ho should' also bo aware; that ai far back as, 1896 another ; genius submitted to Parliament the Nativo Land Laws Amendment Act, Sections 3 and 4 of which read as follow:—-; .; ■ .• /.; • . :: ' ' "Tho Governor may, appoint any Registrar of the Court, or other, fit person holding a permamenf appointment in the Civil Service of j tho colony, to be a sub-commissioner of tho 'Court. , ;Evejy sTib-conimissioner appointed as aforesaid shall by,' virtue of such office haVo jurisdiction to' exercise all the powers of the Native Land, Court,' or of a judso.',thereof,' uiider ' sub-Section' 3 and 4 of Section'l4 of the the Native Land Court Act, 1894; also all the powers of the Court or a judge under Section 3 of the Maori Real Estate Management! Act, 1888." ' . • ' •-.;:,. The Governor also, had .-power; to' extend the jurisdiction of the. sub-commissioners to that of a judge. . Sub-Sec.tions 3 and 4 of the Act..of: 1894, above referred "toj ..dealt -with exchange and succession claims; Section 3 of i; tho Act of 188&;,;witli and' their trustees..:' Tho- power ,;; to appoint, subcommissioners is .still!on the .Statute-book, but tho lessons learnt from the past, when it; was put. into operation, have satisfied even tho die-hard in traditions—the Native Department-M-hat it was a .'failure, '. and unworkable The commission ,in its wisdom would again force'this obsolete machinery'on a, long-sulfering community.; .. ''.'■ " The further recommendation that, "the Native Land Court Bench should bo as far &s. possible recruited from tlio R-egistrars "of tho Court, men who by their experience aiid training are familiar with the'office,"-is as' reasonable or tenable as' to suggest that' the Supreme' Court Bench should be recruited from the _ registrars . .of that ; Court. :,A registrar is a promoted clerk, whoso .work is mechanical, and in no way as ;a registrar is lio brought in touch with tho .'procedure, special knowledge; acquaintance with' Maori custom, and English l law,; tho judicial mind that is absolutely'essential in the making of v successful judge./ It' is true there, , have jeen. isolated cases of. registrars promoted 1 - x>, tho Bench making most excellent judges, >ut they were the exception, and their suc:ess was iu no way attributable to their mving'been registrars. ;' ■ ' ; ' A, legal wit onco remarked'that; ''truth vill leak out, even in an'affidavit; ,, and so, li this long and last .report, of the comhiisiion, thero is ono expression of opinion tJiat Jiose ncquaint-ed with'-,: the; Nativo: Land !!ourts must, however reluctantly, endorse. The commission says: "Much of tho Court fork is behindhand because of the inexperi-: nice of .some of. tho. judges." Tliis, mnfortulately is not nows,' and is,only too true, ind it is traceable to ono cause only, and hat is tho parsimony, as far -as , ':' Native natters aro concerned, of tho present Govrnment. Tliero are-competent, men: 1 to be btained, but they require their services reognised by a commensurate salary, ■•; No man apablo of holding tho position, unless ho- : is f indepeiident.means.'and takes up the work s a plaything, will be ever'likely to accept, '450 or £500 a year. Consequently, theuthorities have to accept the services of nybody who comes alongi or givo the npKJintment to some unsuitable person as a uid quo pro-for-services rendered in .tho ast. Tho responsibilities of, and thojexpert nowledge required by, a judge of the Native rand Court are far. beyond that of any other ectiori of tho judiciary r Besides a know>dgo of the intricacies, of Maori lore, it is ot uncommon for a judgo to, have'in his ands tho disposal of a hundred' or two undrod thousand pounds , worth of property, 'or this he receives ti clerk's pay, keeps two omes throughout '.the-'year, anil sees' his jmily at Christmas I', . .',■. ~:, ■■' ' ,'!-, i Now for tho panacea. Appoint .capiblo jdftes, and pay thorn -well. ' That tJu's can: o .done without increasing tho annual voto )r tho Native Department is certain. At reseat wo aro''paying'for tho euporfluons, nd m many cases worse than useless, Native ssessor, between fifty and sixty pounds a eek. Removo him, and savo probably 3000 per annum. Some, may consider that iiis may raise a constitutional question, but ; does not. In the early sixties. , !it was liought . oxnedient mid desirablo that a triunal should bo set up to ascertain tho wnership'of. the Nativo lands, and to make iio innovation, attractive, in fact to placate ho suspicious Maori, it was decided that a fativo assessor, should sit with tho judpe, : ml have a voice in tho decisions. This,' liko lio special representation of the race in 'arliainent, was never intended to bo perotuated—it was simply, a matter of .ex-' ediency. and'was to bo jettisoned in a few Kirs. , But it still lives, • simply because nccessivo Nativo Ministers have been too anana-backed to faco tho responsibility. To histrato what a useless and cxpen-sive luxury ho assessor is, by reference to the Nativo nnd Court Act,. 1894,' and its amendments, ;' will bo seen that a nidge'may sit and Kerciso all powers of the Court, .except scortainmciit of title, partition, probate, and intivo trusts, without the assistance of nn ssessor, and whon oxorcising.jurisdiction in loso exceptions, • ' , "shall bo assisted by an assessor, whose concurrence- in any judgment or order shall not bo necessary to. the .yalidit; thereof." ../...;.-' Tho day of. the assessor's ucefulness has epartcdj retrench him, and with tho money

id saved, increase the salary,of the judges, and r. thereby obtain the services of competent men. it Competence- in a Native Land Court judge Iβ' means expedition. in the settlement of title, t- saving of time and money, and, nbovo all, es finality. Mr. Carroll, tho opportunity of t, your life! Grasp itl—l am, etc., ig ■ ■■ ■' .X. ir Wellington,' April 12, 1909. ' !1- ' ,"• __: __