The Dominion. TUESDAY, DECEMBER 23, 1913. THE NEW NATIVE LAND LAW.

Dominion, Volume 7, Issue 1939, 23 December 1913, Page 4

The Dominion. TUESDAY, DECEMBER 23, 1913. THE NEW NATIVE LAND LAW.

Not the least valuable contribution to the legislation of the. country during the late session of Parliament was the Native Land Act, representing an attempt to break away from a policy of Native land ad* ministration, which, in a number of variations, has done as much to hinder the healthy development of the Maori racc as it has done to impede the progress of settlement which should have accompanied tbo expansion of its population. It is impossible in a brief space to even outline the main features of the hydra-headed Native land problem. At the present moment there are vast tracts in the North Island which might easily have been profitably settled, but instead are lying idle, breeding-grounds for noxious weeds and a standing cause of vexatious rating and roading problems. It ■ is not by any means true that only the white population and white settlers are interested in finding a solution of this grave problem. The conception of the Maori landowner as a lazy person, living on the fat of the land and by the labour of others, without exertion on his own account.' is only true to a limited extent. . In many cases the Maori who is able and willing to work his land finds that the paternal legislation of past years has been so framed as to make it impossible for him to do so. Very often his title to a given area is so inextricably entangled with those of other members of his race that partition in well-nigh impossible, Thus it my. happen that a Maori with

J uiiiinjvs-achabit; *i'claims^^^Wnd?i P? j t Qi 1 ?;' i 1 ' t.oS s lip .. -or- <deye 1 ppmei)tppuiys posesV ;uid Jf,. by. some rare- maniin actually-;-y.o'.rKisjg" the f: laiid,'he'mav: !. rV.'-SSfety.l W brothers ;insl'c<).uki n«.Tile. ? l ! la udMegif-laticiii-.offiSiOfK a(ld£ ed, -m ; one. particular, v.:ii:'u;-- base wry rancc^pf^beih^aSclarkp ; the;; p rev ipii s] yyfc xis t i ngikiniWsa icjj'^iS j ■-I lle ' s J.?■ 19 ts; i nit- uto ot thej'Maori-;-fac^Wd v hon; o" legitimate \«;tlkmenl... Uponthis ( ohaotic^ciraditic^pt^affairsithe; prc^ntJGovernmen.t^lias|broughtSto hear: legislative" projfgsalsfwlHcliJ- airii.? \in the first instance,-.-'a!.-'clearing'up Native' land.ltit!cs,;'-iU!d; so : eiiabiiiig tho -Maori-j owners develop their lands. - ' It .is proposed to reform up successions;-and prbmotiiig t'-ons. v'Further^than^this^it^islthe' 1 enable Natives,;¥if:VtKey !cannot;S:orwill not, ; work • their viands,''jt6/turn> thom'o.verj to 'atVa-'"'.'. fair' valuation, ;so that, they. may- be ; peo-' pled -by *' ssttleri.swho^are■■ able " and i willing - to, 'do -.both,v.. It. is quite erroneous^i?as«:rt;ias,i,some -'.critics of -it is intent' upon despoiliiig the iMaoris of their ; lands''in order to benefit white, settlers; ' 1 ;,;; The'Hon! W. . H. Here ies; has assured-:, the Maoris, and t-hd 4 country,<in a homely phrase, that he is not going 'about tho country with a cheque-book in order to get ©very-Native to sell his land, and he has made it abundantly clear that no compulsion will be brought to bear upon the Natives, to .make them part with their heritage.*. ■ " s. • Before explaining to the House of Representatives'- the- provisions of tho Native Land "Amendment Act, passed ■ last-,; session, Mr. Herries furnished & 'resume.,, of tho,. Native land legislation of the past. : ' - Policy had. oscillated, he pointed ..out, between free trade-in Native land and restriction; between, tho ' pakeha being allowed to purchase and the Crown being the'sole purchaser. Up to 1894 there was a general policy of. what was practically :: free "trade. 'In' that year the -p01icy,... ; of making the Crow n'the .>ole -.purchaser. f. Large land ■: were ■■: acquired "v-under .- - this, policy. By the. Native l.and Act of 1900 . the _ Crown"■ placed 'an'- embargo upon its'- own purchases by in-.' troducing a" policy of,.allowing the Natives to v&st.theirland-in Boards, which were , givenV administrative powers over its leasing.-.:-,;- This policy in operation practically," blocked, •settlement, and produced " a deadlock, In 1905 a., clause, y,'as passed which enabled ■ Nntives'.to ;lease their lands, but not. to sell" them. The Art 0f'1907, based, upon , the'- report of the Stout-Ngata Commission, was stigmatised by Me.'.-Heiuues as "one of tho most unjust Acts'ever passed, both for Europeans ■ and. Natives.'7 It tied up the Native,lands by compulsorily vesting largo".tracts in the Maori Land Boards. ■ The .Native Land Act of 1909, which wiped out previous legislation,. was- described by Mr. Herries as monumental. At the same time, he pointed out that it gave the individual ■ pakeha purchaser an advantage- over the Crown. The Crown could onlyi-.pufchase bv obtaining the- consent'/of *a. meeting of assembled owners,'but'-the individual buyer, if he got :'the'precedent consent of.- the Boards-could''';;cither purchase, individual >">'interest or purchase meetings of assembled owners!" The,-- . purpose of the Native - Land Act of 1312, and the proposals which havesince passed into law,, the Native Minister stated,' 'was. to enable Natives to get their lands ;out of the hands of'the Maori-Land Boards— in which, as things' stoo'd, it had been vested practieally'ftfor ever— and revested ,in -■ themselves. ■ The new policy was to,, restrict to a' certain extent the 'of.; : thc individual pakeha" purchaser . and - to increase the power's''of-'the'Crown'to purchase. ' '■ .

The Maori. Land"; .Boards have hitherto consisted of' a president, a European. member/.'- and - a ■ Maori member. " Under' the. new "Act the Board is merged .in-the- Native Land Court. The North Island is to be divided up into: Native -land districts, in cach of .which.there will.be a Judge and'a Registrar.'-- These two will constitute the; Maori Land Board. Practically," the'.--Minister stated, the 4 Maori' Land ;Board would henceforth be the'Judge'himsolf, and i* was hoped by this means to give a more judicial aspect'to. the system than was the case .before! The Act makes it the duty of the. Judge to report to the Minister: about any land that he. thinks'should,.be partitioned, and the Minister, in.'turn;- mav order •the Native;' Land Court..'.to partition the land, , .:,A similar-: procedure-is applied to "succession;.practice it has been found that wheiv-a Native, dies it may be somejyears'before any of his heirs, think it/ ; worilr:,while to apply for' a"succession,,order? .'-This,, of course, 'addsrfresh :l :comp!ication;i to those ilia!,':, already exist. ' The new Act casttlv». onus itjntii the ; Judge" ,- of seeing that.., the necessary j.steps' are * taken* 1 toffi) rove; succession unkssVtlie'hcirs;.themsclves' move in this, direction';!.,within - ;: six months."'.:. ;/The/geficral|'aimbfr,b'oth: provisions'' is to-enablel'cvefy.'J-Nativb' landowner to get. a good, title,,so that he can borrow money, to'rimprovc his land. .One of ? thc,'m'ost;important sections in" the •'Actus.. that*;which en-, ables the Crown to aequii-e . individual interests M.'a :: bloek'.of''Native' land. ' Defending • this provision, Mul Hekries I .stated that?his*'p'revi-' oits attempts H-ok-purchase*"Native land had been blocked by, the speculator almost every, time.--.,.;:. Under the' Act' of , 1909,-' i;' introduced Iby Sir Jmies C:\iutou-. fhe- speculator could come in and purchase'-larid'fro'm the Natives, and mightf if'hesliked, leave' b in the same positiorrfasgit-J-was under.the' N ' lie found , another., purchaser; The Nativei.Ministerjjclidi-. iiofc;'f mention Mokau,- but . no. doubt- lie. had that famous .bibek;Hfi;imind : made this .'remark,-.Still^anotherV'provi-sion ,in the/newfAe't .enables' a"N;stive who docs not want lo .H'll his. land to lease it to tlio. Crown, .; , . •

■>.The debates the,-''Act-gave 1 rise in its.passage;.th'rpugh-i:lie House of' RflpresentativesHwereychiefly re-: markable ',-for.,' rhfctoHcaLf.;.denunciav tions of , the 'Governmentwby ; fl,the Native ?:-?pr»-sont ati ves who sit in and the Hon^A.^^gata.'expended • themselves, in Ihis^particular-form of' effort,: but , ; -wiiile&theivv ; oratpry;i : was, adniirod- thej i* reason i ngkwas ju n coiiV vineiiur. -Talk about;the '.violationor soUmuu spolntioii of J he .Native#nic<4isft]mt'j'!nipressivej in\ f view. of -clunii" which' : tlmfSraceshte ft to ro tl : ! i n d n 1 o'Jicojf; vi; ii i i t 1 a n't Is: beoivMy i ii Jfpa'r.ty'dleiv bi\vdi n g. n oxi mi?. weeds' and bsrrnc t 11,1 e me n vid ere Ipniric h j: f' '( : he?co;unVv;v?;§Vj:Fq\^ _of. tin's stato ox aifairs I)oth S x -t «J .\ii ca

:|h<n-i;;;Kli >f:o s n's i 1 ).i lit >H jis|iii)giK.sina 11 shaiv. . T!-.-: ; ll<ix: |)n.' Fomai:K; v.hu. :-'.!j)i')urf< d. ; •the. proposals, .which- iiavrxiiinv.. lii'nowo Jaw, In's-J'cSjculiftetlSt (Me ;'i ncKpro yes<i Is' sal\%tioi^byicifco)t .oilt .ques.t ion-; f o.'/iSi cI-JamiSfGAn and Mi;:>.NaVnV: .when'- he- asked':: V.Wiiy, during their kuifr(b.vs'oi Ady [ministration, did-'they npfcijscCtloSthe] Name .land/problem once - and •' f--r 'I'lif'io would not have been any. .cri! it-ism' - '' to-day' if. they had . dune thai.:. . The." - ''aihoa ! ',"policy? has in [aiU;(Mnscionpi^bMn''gireri ,, a sufficient .trial,', an'cli'usjeffccts upon thefMaori have.; been .as"unfortunato ;as^itC:inilucnc%iujontthc/cqunkx ? at lftrg&^.The*nc\v attempt ~ t q: r sti:ikc:'llieT.fctt6ii ß from, the. Native race'; : i andii,\yliatevci' ; lhe'' measure of ■itsjjiiltiniatcisiiccess may. bo. it should at any stimulate the members of ■ the. Maori "population in useful .:'andi'profitab]o.. pursuits, and remove some ■■■of the most serious obstacles which-,previous Native land legislation has opposed to the settlement and progress of the country.