NATIVE OWNERS

Evening Post, Volume LXXXIV, Issue 9, 10 July 1912, Page 3

NATIVE OWNERS

WEST COAST RESERVES AND THEIR TENURE i The report of the Royal Commission appointed to report on various phases of the West Coast Settlement Reserves was presented to the House of Representatives yesterday. The Commissioners exhaustively analyse the legislation dealing with > the leases/ and remark that in the whole of the legislation two facts stand prominently, but. T^ie first is that every legislative measure has been in favour of ithe lessee; and the second, that oa no occasion has the' Native owner been consulted in reference to any fresh legislation. They go on to express the opinion, bearing out an opinion' by .Mr. Justice Williams, that both parties to the contract contained in the lease should be; held to their bargain. It would, they say, be of advantage to the lessees to their present leases and secure conversions ; but at the same time this would deprive the Native owners from the right of competing at the end of the term of the leases.' To allow this, m the opinion of the Commissioners, appears to be contrary both to law and equity. Both parties should beheld to the bargain. Three opportunities have been given to the lessees to convert. Many have done co, but several,, for reasons best known to themselves, have, not done so, and now seek to gain a ' further opportunity. To -grant Buch an opportunity appears to the Commissioners . unfair to the Native owners, >vho., consider, ought to have a chance,' at ' the termination of the leases of* competing for a renewal. Continuing, the Commissioners say : "As the Act seems very clear that the wishes of the. Natives interested in tho reserves must be consulted, it 'is only jost that, although they may not take advantage of the right to compete, they should not be deprived of that right by changing the tenure in favour of lessees. We cannot find in the legislation dealing with these reserves any indication of the intention to deprive the Native owners of the benefit of the.improvements effected on the leased reserves in excess of the £5 per acre. The only chance they have of, getting into occupation of the leaseholds is by being allowed to compete when the leases iall in, and, if successful, by paying the outgoing lessees for the ..improvements up to the limit of £5 per acre." The Commissioners express the opinion that none of the lessees, should be allowed to surrender their leases. "Three opportunities have been granted them of surrendering their leases, and they have not availed themselves of -such opportunities. The time of converting went by in 1900, and we think it is now too late to offer them, a privilege or concession to which under their leases they had no claim as of right. To give them by legislation another opportunity -of converting, under the greatly altered conditions of; the district and 'the circumstances of . the Natives, would now, in our opinion, apart from its , disregarding the provision of the statute safeguarding the interests of the Native, be an interference with the inviolability of contract, a principle upon which the principle of contractual rights essentially depends." The Commissioners also express the opinion that all the areas now leased under the Act of 1881 may hereafter be required 'by the Native owners for their tree and occupation. Therefore, the lands so held should remain under the present tenure.