THE GREYMOUTH NATIVE RESERVES.

Grey River Argus, Volume XIV, Issue 1725, 13 February 1874, Page 2

THE GREYMOUTH NATIVE RESERVES.

MEETING OF LEASEHOLDERS.

Pursuant to announcement, a special meeting of the Grey Valley Progress Committee was held last evening for the purpose cf receiving the report of the Sub-committee appointed to take into consideration the position of the leaseholders of the Native Reserve, more especially with regard to the operation of " The Native Reserves Act, 1873." At the invitation of the Progress Committee a large number of the leaseholders attended, there being about 80 persons present, almost all of whom were directly or indirectly interested in the business before the meeting. His Worship the Mayor took the chair, and called upon Mr Perkins to read the report of the Subcommittee, which was as follows : — • "Report of the Sub-Committee appointed to inquire into the position of the Native Reserve, town of Greymouth.

" Most of the early settlers on the Native Reserve No. 31, now forming part bf the Borough of Greymouth, made their agreements for leases of land with the Natives then residing on the ground, being unaware of the existence of laws making such agreements invalid. These agreements were generally made for a short term, with a right to indefinite renewal, even to 99 years, if so wished. Before- the expiration of the first twelve month 3of lease, Mr Mackay, the Government Commissioner, appointed under the powers conferred by the Act of 1856, No. 10. relative to New Zealand Native Reserves, interfered with such leases, declaring them to be illegal, and inviting all leaseholders to take leases from him for the longest term, he said could be granted, namely, 21 years without right of renewal. Since that time the relations between the leaseholders and the Commissioner have always been of an unsatisfactory nature, owing particularly to the unpalatable conditions imposed by the new leases and the absurd shortness of leases for ground which was evidently wanted for building purposes. The harshness of such leases, as far, as regards time of duration, was slightly modified by the verbal assertions by him him generally made, that at the expiration he doubted net but that they would be renewed. Yet the absence of a written understanding upon such a point continually affected the value of the improvements made by the leaseholders, and led them • to try and obtain some alteration oi tenure through legitimate pressure upon the Government. In September, 1871, Mr Harrison, M.H.R. for Greymouth, kindly interested himself in this question, and moved in ; the Assembly— 'That the Native Reserve ; in the town of. Greymouth should be placed in such a position as to enable the leaseholders to buy the land from the Natives, if so disposed.' In reply to such motion, the Hon. the Native Minister said 'He sa w no difficulty in the way of having the Reserve passed through the Native, Lauds Court so as to give the Natives a Crown grant, and thus constitute a clear title. He would communicate with the Native Reserve Commissioners and ascertain how this oould be done.'

" The leaseholders did not lose such opportunity, but through a Committee appointed at a meeting in September, 1871, wired to Mr Harrison the following telegram : —

" 'That the fact of the town of Greymouth being built on a Native Reserve, and the. ground held • thereon under lease, tends to impede and check its progress. That theleaseholders,- in meeting assembled, concur i with Mr Harrison in the opinion that it is desirable and necessary that power be'given t6 the Governor to alienate the said Reserve included'within the Borough of Greymouthy arid wish to thank Mr Harrison for his successful motion in the House of Representatives, , and the Government for the promised measure^ That in order to obviate all difficulties and intricacies likely to- arise from the wording of ■ the ; promised measure, the leaseholders beg to the suggestion that the price of ,the land be fixed by the Government, or that 'the whole Reserve be purchased by the Government, and then sold by the Government to the leaseholders at a price that will cover the original purchase and the expenses of a mixed commission to bOiappointed to put the measure into execution.' )■;..; . .

"The leaseholders Tiad then a petition to the General: Assembly drafted, whichpetition embodied the requests' defined in the above telegram, and got it presented through Mr Harrison in October 1871. " The petition led to the apppintinent of Mr Commissioner Heaphy to 'make inquiries relative; to the case.< Mr Heaphy arrived in Greymouth in January, 1872, and the . Committee placed themselves in communication with him for the purpose of facilitating his collection of information ■ affecting the petition, and furnished him i with a mt>mqranduoi implying the follow- , ing very cogent reasons in,. favor of the petitioners: — : "1. That when the Native Reserve be- ■ came necessary to the development of the . town, settlers acquired it and settled on it, unaware that the land could only, be; obtained on lease, for a period of twenty- ' one years, and under other illiberal con-, ditions. . "2. That the Reserve was subject to river encroachments, and that owing to its position property owners had to pay heavy taxes, spent in protecting the Re--1 serve from the river, ard that such taxes, added to ground rent, imposed burdensome and oppressive expenses, materially . affecting the value of property for sale: ' ' ' 3. That the value of property for sale ! was only equal to two or three years purchase, according to position, and in most instances such value would not reaoh ; the Co3t of the improvements made on the ground. V■ '_ /." ,';.'-| ;. "4 That if the Reserve had remained 1 in the hands of the Natives no improve- . ment would be perceptible on it. [ :" 6. That the increase; in the value of the Reserve is entirely due to the activity, energy, and industry of 'the iEurrtpean • settlers, and it would be hardly equitable i to apply the whole, of such expensive, laborious, and industrious energy to the future welfare of the Natives. "6. That an equitable price for the * sale of the Reserve would be a capital ' amount which, by sound investment, would yield a clear yearly return, equal to the ground rent. "7. And lastly, that in case of,the sale of the fee simple of the land to the leaseholders, the sub-leaseholders' interests might m some way be taken into consideration by giving them a right to a lengthened term of lease, which was in the first instance forcibly short, as it had to be subject to the restricted rights of the 1 original leaseholders. , ! i "During the session 1872 of the i General Assembly Major Heaphy's report ( was read, aud it concluded favorably to the advice given by the leaseholders, that the sale of the Reserve might be equitable, 1 provided that the amount to be realised 1 from such sale, and invested in safety, would fetch as much yearly revenue -as the ground rent ; Major Heaphy's report and recommendation were censured by some members of the Assembly as adverse and unjust to the Natives' interest, and owing, perhaps, to such unfavorable remarks the question was neither. further shried by Mr Harrison nor touched by the Government. Nothing more was heard about this until the session 1873 of the General Assembly, when an Act was proposed by the Government, and passed, for the administration of the Native Reserves in the whole of New Zealand. The* provisions of such Act were somehow, and, unfortunately, overlooked by everybody until it was passed, and only then the old Committee came to learn that such provisions were more than ever injurious to the leaseholders' interest, and entirely inapplicable to the exceptional position of this Reserve ; that Committee wrote, •-.; therefore, te Mr Commissioner Mackay the following letter :— " 'Greymouth, 20th Nov., 1873. '."■ ' Alexander Mackay, Esq., Nelson. " 'Sir— At the last sitting -of- the General Assembly an Act was passed for the better administration of the Native Reserves, subject to his Excellency the G )vernor's proclamation in order to become law. " ' W.», the undersigned, leaseholders of the Native Reserve within the Borough of Greymouth, are sorry to have to admit that we became acquainted with the provisions of such Act only after its. having become law, and without having had an opportunity iof considering the adaptability of such measures to the Native Reserve of Greymouth. . "'We now desire to state that the perusal of the provisions of the said Act has caused' us serious uneasiness! with regard to our outstanding interests' in Greymouth. The value of our property, ,— already depreciated by the shortness of nur present leases — is still further affected by the new system of administration, which will give to a , new Board of Management, consisting of three Maoris and one Government Commissioner, the following powers : — l. The uncontrolled right to refuse of existing leases at their expiration — leases which in some instances have. only a few year's to run, and comprise allotments haying costly premises built thereon, ; upon the implied belief in your expressed opinion that- they would be renewed without any trouble. 2nd. The uncontrolled right of such new Board of Management to forfeit the leases for the non-fulfilment of any of the conditions of the present lease, which conditions you must admit are extremely stringent, and which, if strictly enforced^ would.materially-depre-ciate the value of all leaseholds.' - ' . '"We have been informed by our legal adviser that the consent required to be

obtained from the proposed Board of Management will make the sale, lease, or exchange bf the Greymouth leaseholds a troublesome matter, and will prevent us dealing with our property except in such a way as to make it of considerably less ' "-We further state that there v7 are not three Natives resident in tKis' district -who r in_.our. -opiiuon,,,areJitted_.ißL the slightest~degree to f6rir^n^mb^rl"of a Board of .Management, and to place in the hands of such men the power of . granting leases, and consenting to sales and other dispositions of our properties, would open a door for fraud, bribery, and litigation. '* 'For these; and' other reasons too numerous to mention 1 , we consider the of . the Act >rairious 'to the existing interests of leaseholders: vr " ' We now request: you," as being well informed of our grounds; qf. complaint, to exert your influence towards f obtaining the suspension of the proclamation of the new . Act, : or^ exciuding the; Reserve from its operation, if „ such j can roe, done. K riot, we ask you to obtain from his Excellency some regulations under Section 24; of v.the new Act, giving to the lessees ; the right of renewal up to 60 years, and atiording protection' againßt forfeiture on account of trivial causes. ■<"■' •; n-.vo •;; . ; . ! % >"'ln -default" of either "of -''the* bo concessions through 11 ' a^ you' to "urge' 'upoK'th'G (jove'mment the necessity of pVepariri"^'^ amißttdment to the Act at the next sitting, naming special provisions for this Reserve and for the relief- of ' the leaseholders; — We have, "The Committee of the leaseholders received no reply from.Mr Mackay- t»p to the present time, when' the being . very important, to ; the^ future welfare' of the town, was taken upMiythe Progress Committee, and confidea to the inquiries of a Sub-committee. ,. T " The new Sub-c6rnmittee ? looking into the question from its commencement, have collected all the above particulars which, ■for information, have been hereabove condensed, adding now that they have made efforts to know the effect of the last letter written by the leaseholders' to Mr Mackay, which they are sorry to say hftslbaen succeeded by information, r the source of which , they are not at liberty jto diVulge, to the effect that the Government think thatrther Greymouth leaseholder's^f ears are imaginary, arid ! that ' the { hew; Act 'provides by 'section 2<L against. all l lhe v damgers f oreseeri by the leasehold's against their interest, 1 arid the : Government see therefore no reason why it should riot be immediately broughtinto^operation. l r '• The nesr' Sub^cdramittee, however, agree with^he^gpimotf^expressed by the leaseholders in, their letter to. Mr Mackay, !an d f ear that ' all the ;danger3;t|iereinjf oretold will soon be found correct if the new Act is brought in force. They conclude, therefore, that .it is .necessary >to oppose such Act by all means,* and think that the adverse disposi.tion r of the ( Government can be stiUoyetcome i by^a^personfijbterview with theMinisiry, adheringltoUhe fact generally admitted that ;iridfe>;can be done by an hour's.conyersation than by a month's correspondence. "The Sub-coiritriittee propose,..therefore, that a telegram be forthwith sent to the Government, asking, that, the.,proclamation of the Act be deferred,]uritil the arrival of the deputation in Wellington, to confer with the. Government: ion the matter. .-•■■■. •.-; •■.•;< .'/ > , -'(ittA/'MVi ••"' That a deputation beiseritftb Wellingirig, to point out the sad effe6ts"6f- : the new Act with regard to this Reserve, and solicit that its proclaniation be suspended until the next meeting , of the .Assembly. To induce' the Government 1 to propose at the next sittinglpf the General Assembly an A^t- authorising the sale of this Reserve, jreighipjgi particularly upon it 3 exceptional position and. r upon the strong argument tliat the ownership and monopoly rf the fee simple of the greatest part of the land of any 1 town by one single body is < detrimental and., incompatible with the: proper. progressT of; any such town. ■•-: ••[:; ;:-. ■■:.::•.;; yur vj S.i-i^it K/.L "Failing to obtain this, to solicit the proposal- of an Amendment Act to the new Act excliidiog this Reserve from r the operations 5 of: ;the , Sew. Act, and making special provisions for its management, based npon a' ■' concession of 99'ypars' leases, and, conditions milder than^the existing ones'." ' •:••"•• Mr Perkins, in a: lucid arid forcible speech, out how detrimental to the progress, of Greymouth the present administration of the Native Reserve was, and that bad enough as the matter /stood * under the old law, the new Act placed the .occupiers in ai much.: worse .position.' t He stated that although Mr Commissioner Mackay had verbally promised a renewal of the leases, the Government held .that they could only recognise ariagr|ie|nent to that effect in writing.; , He, -referred to the evils that might arise from the action of the Board of Natives appointed under the new Act, and said that "he knew that the "Natives here if, openly expressed the intention of taking possession of all the building property as the leases fell in. 'From what had recently been said by Mr Mackay, it was evident^, that the Government intended to charge- the lessees a> rack rent. ■ • After explaining generally the operation of the Act, expressing its unfitness to the case of the Greymouth Reserve, Mr 'Perkins moved the adoption of the report, which, ; after being seconded, led to a long discussion, the bearings of which we must explain in our next issue; UltitriatelyjVthfe tffieeting was adjourned until oMoriday evening next, at the same place and time; 1 -We defer the remainder of our report .until to-morrow. ' \