THE MAORI RESERVE.

Grey River Argus, Volume XIV, Issue 1726, 18 February 1874, Page 2

THE MAORI RESERVE.

te the meeting of leaseholders' held on Monday evening, Mr Newton, speaking of the proposal to sell the Reserve, said that there were great obstacles to this course, one— that it had been expressed by the Government that they would not consent to the sale except the amount to be realised should, when invested, yield an income equal to the rental now being received— L2Boo to L3OOO per annum. As it would be difficult to invest money at more than five per cent., the amount required to purchase the existing leaseholds would be L 60,000. But even supposing this money could be paid, it was almost impossible to adopt this course on account of the many other rights involved, and he was strongly of opinion that the best course to take was to endeavor to induce the Government to grant an extension of the existing leases to 60 or 90 years, under conditions that the first lessee should grant a similar extension to his sub-tenants— as for example : If A. having an original lease for 21 years obtains an extension to the extent of 60 years, and his sub-tenant B.s lease is only for 10 years, he must give Ban extended lease for 30 years ; under this system each party would get an equitable interest. 3i they were to insist upon the sale, complications would arise, for instance:— lf the land is to be sold, who is to get the pre-emptive right? Some may say the first lessee, but then this would certainly not meet the case of the sub-lessees, who, in many instances, held the most important interest in the ground. Or it might be proposed that the parties entitled to the rack-rent should have the first right of purchasenext the sub-tenant. If the landlord or the sub-tenant became the purchaser, mutual arrangements would have to be made. If the landlord of the ground had the pre-emptive right, then he shoul<? pay j a valuation for the buildings put upon it. Wit!i regard to the scheme of selling the ground by public auction, subject to a valuation of the interest of reversion and improvements, he thought this might presont the least difficulty in the way of sale, as each party interested in the block would receive full consideration after paying full value to the Native Commissioner. ,But he doubted if this would do, as some tenants were paying 33 per cent of the actual value of their property for groundrent alone. It would be almost useless to purchase in such cases. The proper course was to obtain an extension of the leases. Although the Board to be appointed under the Native Reserves Act, 1873, could only grant building leases for 21 year 3, in most cases they could not be granted, as the buildings were already erected. Then again there was the condition contained in the 24th section giving power to the Governor to make regulations, &c, that an "adequate" rent should be paid. What did the term " adequate " mean under the existing circumstances ? It meant a rack-rent, and at the termination of the present leases the issuing of fresh ones will re3t with the Board composed of two Maories and the Commissioner. They would see that unless some step were taken there was great danger that the worst effects would result if the new Act be brought into force. Mr Newton then proposed a resolution to the effect that the Government should be urged to grant extended leases '

lot 60 or 99 years, subject to the condition that the sub-lessees should participate in the advantage. Mr Gikdwood seconded the resolution *uich.he thought was the most equitable that could be devised to meet the various - conflicting interests. Mr Simmons supported the motion, but would like it to be shown that where subleases had been granted for a period at a tow rent, and had been sub-let to undesirable tenants, it should not be compulsory on the original lessee to grant an extension. Mr Perkins agreed with the resolution; indeed, he would be glad to see'any of the three schemes propounded by Mr Newton adopted; but he thought that they were losing sight of the great object and that was to get the land Bold. A 99 years' lease was all very well, but if they had to pay an increased rent every five or seven years they might soon be paying the value of the land in rent done. If the land were sold conditions might be insertedto extend the benefits to the subtenants in some way. Of course, failing the sale of the land, they must go in for long leases, and by Mr Newton's plan the sub-lessees would obtain a pro rato .advantage. He would, however, move as an amendment, that the Government should be urged to sell the land to the original lessees, subject to conditions for protecting the interests of the sub-lessees. Mr Newton doubted if the land could be sold in fee simple, clogged with.conditions of the kind proposed. ' • The Hon., H. H.-Lahman said that should a deputation go to Wellington they should confine themselves to a defined plan under the N/ative Reserves Act, 1873, which gives power for the granting • of* leases for building purposes for 60 years. Section 24 gave the Governor full power to deal with the matter. (Mr Newton: "No.") The speaker then read the section, and said he had full confidence in their being able' to get an extension of their leases for 60 years, and he had no doubt the original lessees would grant equal terms to their sub-tenants. ' In 60 years there would be no Natives left ; but at present he thought the saWi was an impossibility. Indeed, he doub' jr if any great number would purchase. The best plan was to confine their efforts to obtaining a renewal of their leases for 60 years. Mr Kennedy, although in favor of purchase, would prefer that some of , the conditions contained in Mr Newton's motion were coupled with some of the amendments of Mr Perkins. There appeared to be considerable conflict of opinion as to the correct reading of the Act as to whether the granting of 60 years leases for building purposes could apply tp land upon which buildings .were already erected. He supported the general principle of sale, leaving the conditions as to whom the land should , be', sold to be decided afterwards ; failing which an extension of leases. Mr F. Hamilton supported the first resolution, respecting the extension of leases, although he would prefer to have the land sold. He did so because the first resolution appeared to be more generally acceptible to the meeting, and it was above all things necessary that they should be unanimous. Mr Joyce objected to Mr Newton's resolution. Mr H. Kenbick reminded the meeting that they were met there to decide upon what they were most likely to get. The Government had already decided against sale, and he should oppose. the amendment as it was not likely to lead to any result He was in favor of confining their efforts to obtaining au extension of their leases for 60 years. There was one part of Mr Newton's resolution regarding the proportionate rent and term of the sublessees which would not work— for instance there was the case of the land upon which the Melbourne Hotel stood. The original lessee only pays L 8 a year ground rent, and the owners of the building pay LIOO. It would be observed that if the original lessee obtained an extension upon payment of a higher rent that the sub-tenants should pay an increased rent at the same scale— -that is to say, that if the first lessee should have to pay twice or three times the amount of his present rent, the sub-lessees should pay twice or three times the amount of theirs. But, setting these details »ide, he was strongly' in favor of the first resolution, as being most likely to suit al] parties. Mr G. W. ITichol quite agreed with the last speakff, and supported the first resolution. H« was himself quite content to take any of the three schemes, but he thought that all except the first would meet with opposition. ? He thought, however, that the, present rental was quit/# high enough,; and should not be increased. I MrG. S. Sjoth thought the deputation should not b? confined to one course only— that bdth sale and extension of lease should be urged, as some would buy and others would prefer to lease. Mr Kennedy thought that the difficulty of sale was die to the high price asked ; • yet, if they \jere to pay increased rents it might be better to buy, and no doubt many would ilo so. He could not agree, however to Mr Perkins's motion, and was of opinion that an alternative should be presented by the deputation, and that they should sfclvocate both Bale and lease. Mr Joyce considered they paid too high rents already, and that the.,.deputation should ask fojr a reduction, or' that if the land be sold the properties should be valued and sold to the highest bidder. • The amendment was lost, and the meeting was asked to allow the original motion to be amended so as to allow two courses. Mr Kennedy declined to accept the last division as! the opinion of the original lessees with respect to purchase, and moved a further amendment, to the effect that the deputation should be authorised to urge, Ist, the sale of the land, and, failing that, to fall back upon Mr Newton's proposal as to extension of leases. They should not admit that the fee simple was not desired.] Mr Perkins supported Mr Kennedy's I amendment. Mr Newton pointed out most strongly that nothing would be attained unless there was; unanimity of sentiment. The sale of the land was no doubt the best, but it was no use their asking for what they were not likely to get. The Act certainly contains a provision for the sale of Reserves, but it was extremely, improbable that the Government would use the power without the consent of the Native: , interested. What they ought to ask fo was building leases for 60 or 99 year and an extension of the terras of tl V original leases to that extent. If th £ " ■. ■ ■■■- "■"■ " ■' ■ '■■' ri-

asked for the sale the sub-lesaeos might object. Mr Nichol suggested that those who prefer leasing to set forth their case, and those in favor of sale theirs, and refer the whole matter to some impartial tribunal — say to three Judges. The amendment was carried amidst some confusion. Mr H. Kenbiok pointed out th c absurdity of the confusion ; if they were not united they would get nothing. He suggested that a sub-committee of atr yen, representing both the interests of the original lessees and the sub-tenai its, should be appointed to discuss and rep ort upon the best course to be pursued. Mr Newton moved, as a further amendmeut, the addition of the word *, "that the sale of the land should be upon the terms of the third scheme." The Hon. H. H. Lahman urged tha 1 1 they should confine their operations to obtaining 60 years leases. Mr Kennedy seconded Mr Newton's amendment, but it was finally decided to \ amend the first resolution, which s finally put to the meeting was a follows : — "That the deputation appointed t, wait upon the Ministry be requeste< to urge upon them to sell the land upoi the following conditions : namely, bj public auction at an upset price, comprising the value of the reversion held bj the Governor on behalf of the Natives, and the value of all improvements made by tenants and sub-tenants. Out of the proceeds the Governor to retain the value of the reversion, the balance to be divided amongst tenants and sub-tenants in proportion to the value of their respective interests in improvements. The sale, of course, to be subject to all existing leases. And failing this :— Jhe deputation to take the necessary steps to enable a renewal of all existing leases for a term of 60 years to be granted, subject to a condition that the lessee shall on application within reasonable time grant to his sub-tenants a renewed lease for a proportionately increased term, and at a rent increased by th amount of the increased rent of th lease." 1 After the principles embodied in th

foregoing resolution were accepted as sufficient to meet the cases of all concerned, the question arose as to who should proceed to Wellington as the deputation. The names of several gentlemen were proposed, but as some declined to go, and others could not say whether they could go or not, this question was left over for a time, and a resolution was carried that the members for the district in the General Assembly should telegraph at once to the General Government,informingthemthatadeputatiouwas about to proceed to Wellington, and asking that the new Native Reserves Act should not be brought into operation in Greymouth until the deputation should have the opportunity of communicating with the Government. It was further agreed that the selection of the members of the deputation should be left to the Progress Committee. The meeting concluded at a quarter to 11 o'clock.