A UNIQUE APPLICATION.

Hutt News, Volume 3, Issue 22, 23 October 1930, Page 9

A UNIQUE APPLICATION.

/ Native Land Court Sitting at V- lowerHutt.

Application by Native Minister to Consolidate Waiwhetu Native Block.

On the 14th August last, a special sitting of. the Native Land Court presided over by Judge Aciheson. was held to consider an application by .the Native Minister (Sir Apiaina Ngata) to .ha.vo.tsie several inttiiests of the vari~©us native owners of the Waiwhetu Block, situate at the corner of Whites Ldne Kast and Waiwhetu Road, eon?.solidated into, as far as possible sejparate individual or family holdings in <wder to enable the native owners to deal more, effectually and efficiently with their lands.

The Borough Solicitor (Mtr. D. P. Bunny) and the Borougn Engineer (Mr. A. G-. Bush) represented vtthe Lower Hutt Borough Council which, is interest-' ■ed from the point of view, firstly of

arrears of rates, said to amount to approximately £2500, and secondly from -a. s&heine of Town Planning.

The Borough Engineer submitted a plan of consolidation .and Sufbdivision which would cost approximately £21,000 for roading and which he considered would be in the interests not only of the Valley but also of the natives them.selves, who would tihen be' able to obtain the benefit of those social services (such as sewerage, etc.), and to receive the allotineat of sections, «apa!ble of being more easily disposed of or . o.thwwise more effectually utilised for "whatever purposes their hodders might deUnder crosß-examination fey Mr. N. T. Gillesfpie, who represented those Native owners who were in attendance^ tho Borough Engineer emphatically ■denied that there was any ulterior motive behind the seiioine suoh as the b-e:t----te^r enafbJin'g the JLocal Authority bo collect the arrears of rates due by many of'tho o^vners. -

Judge Aclieson ad jo trued the Court to enalblo the natives to 'confer among themselves and the absentee owners (a number of whom reside in Taranaki) ~and to fully instruct counsel as to tlicir vietws on the proposal. On Wednesday of last week another meeting was held at the local Magistrate's Court. attended by Mr. €r. P. • ShepJierd (rep resenting the Native Minister;, Mr. C V. Fordham (Kegis- \ trar of the Ikaroa District Native I>and <Jourt), Mr. B. Flowers (representing the Native Department) and Mr. O. 3J. .Barrett with Mr. N. T. Gillespie for tie ..seventynine Native -owners, many of whom were also in attendance. Mr. Shepherd produced the plan of the scheme proposed by the Ltower Hujtt Borough Council and mentioned that tie meeting was called to enaible the Native owners to arrive at some, -arrangement for ■ a consolidation of the various interests and to "hear their objections. . Mr. Flowers explained that the of the proposed' consolidation was to settle tie question of outstanding rates which amounted to approximately /£2500, a matter of some 12$ per cent off the total capital value of the total holdings. v y^ At this s>i&ge of the proceedings, Mr. Barrett addressed at some length: the representatives of the Minister and the Native Department and stated that he •was representing and speaking for the - w&ole of the eighty owners (one of whom "was a, European) and that, since the meeting °f the Cotrt in. August last, the natives had held several cohierences and were unanimously opposed to the .scheme of consolidation and tsu'bdivision put forward by the Lower, t Hutt Borough Council. * m { '' The present owners and their ancestors, said Mr. Barrett, have had, their firesides in the" Waiwhetu Block for at least some ninety years and tie proposed scheme of consolidation will mean not only the bTeaking up of their liomes and homestead blocks but also of necessity the removal of many of th-eir firesides. These removals are in-" consistent with the traditional desires otf the natives, whose great respect and sacred admiration for the grounds and ; homes of their ancestors is not fully appreciated by the European, and are , provoking tb» gu&piCion—and I e&n as- , buYo 7<m that a real suspicion does exist. (that the pakeba is endeavouring to ©ast tfce native from his holding. Many , of the natives are rtxm middle-aged and I

now to ask them in the autumn of their lives to remove their homes is asking too vaxteb. of tlxese people who have tk« indisputable right to remain. White we realise that the current rates must be paid and t&at the arrears of rates must be metj we do sincerely say that, in vleiw of the fact that the natives have not had the benefit of the sewerage,- water and other public utilities which have been made available to the European, e.g., the footpaths in the vicinity of the Block have all been constructed to adjoin tie properties o£ the paikeha and not those of the natives, the natives have a definite moral right to some reduction in the amount of raites charged against them. .The question of public health has been mentioned and tire natives are indignant at ■the suggestions and innuendoes that have been allowed, to fall, t&at they are ruoore unhealthy than the Europeans. It has not been shown-that the local natives are not as healthy as their paikeha brother and tShe production of statistics or other reliable evidence iii support of t'hiff grbtind is coiispiJ6uous by' its aibsenee."

c c Even if th« seienxe could. be shoiwii to be practicable, contanued Mr. BaTrott, it is further submitted that owing to the large disparities in the areas to; which each, owner is entitled, the scheme cannot be shown to be juat and eq-uitatle, a requirement that is essential before the Minister can approve of the proposal. In the new scheme which -has been prepared by the Lower Hutt Borough Council upon the erroneous assumption that each, owner has an equal interest in the block; many of the natives will receive holdings ranging from 2.8 perches to under 20 perches rendering the land imcapaible of being, disposed of, built on or cultivated. If the land remains as it is, then the natives can carry ,on their cultivations in an endeavour to support their families."

. TMion referring to the cost of the scheme- submitted by the Borough Engineer, Mr. Barrett said: "The more I

have considered this scheme—-and having tho interests of the natives at heart —I have -given the proposal the mosta a redfu'l and - dispassionate consideration,the more inimical to the 'interests of the natives it appears. Tells to twelve acres will be lost in the toading, at least another 17 acres-will bo absorbed in. payment of the costs of the roading, eslinj&ted by the Borough Engineer to amount to the huge sum of £21,000) ■with, the result ihat at least 29 acres, that is, over one half of the total area, vrili' bo forever lost to the naitives. In, calcui:tt:. 4i»; the loss of area ; I have not taken into consideration the further loss of land required to be disposed of to pay survey fees, legal costs, land agents' commissions upon the sales of areas disposed of, nor the cost of the possible removals of dwellings now fxisting upon the. block to enable. tho Local Authority's scheme to proceed. The natives have no guarantee that the lands, required to be disposed of, will realise the prices estimated by. the Borough Engineer nor. in vifew of th« Dominionwide depression, that the land can. even be disposed of, with the result that my clients maybe loaded for years with' further charges of accumulated interest upon the capital cost of the, scheme' and end by being left 'flandlessl? within:the^meaning of the Native Land Act, to the greater impoverishanent of them and their families I s&y. that upon, psiper the : Xrooal Authority^ schem.e is a 'pretty one' while in fact it is too premature to be in the intvrests of the native people.' r , .

Mr. GriUespie also, referred to the fsiAjt that the scueme was admitted iby the Borough lingineer not to be in the ipteresits of the public, in so: far as road access/was concerned, as any new roads thraugh the Native Block wouid not directly serve any European .land. The natives did not require the proposed new roads, which would not only deprive them of the privacy which they now enjoyed and which they desired to keep. Public interest, said Mr. Gillespie, dictated that the interests of the natives should be looked af.teT and the natives considered1 that their welfare ~ was not being preserved by the new \ scheme: The local natives appreciated | the probable injustices to the absentee owners whose incomes from the blocks , now let for tie purposes of market gar- j dens would not be available from .the i small aßotmenta to be appropriated to them in the proposed consolidation.1 scheme. The local natives also felt

that tte cultivatlo-ns now being ea-rried on among them according to Maori custom couid be more efficiently and economically performed if tte land was leift as it -was, than if it were suibdivided into small building allotments and at least 29 acres were lost to them to enable the Town. Planning proposal to be proceeded with.

It was admitted that possibly from a Town Planning point of view, the proposal had some merits but when its impTaoticaibiiity, tte uncertainty of its suieeess and tie huge cost involved, were considered, the aesthetic desires of the European should not toe preferred to the unanimous desires and the/ beat interests of the natives, In concluding Mr. G-illespie said; "In the particular eircamsftan/ces considering the unanimous wishes of the large number of natives, interested, the^defects of the scheme and the topography of the block in questiooij it cannot be argued tivat public interest or justice demands the proposed which is nothing sihort of a policy of confisieation."

Mr. Shepherd stated tkat the intention of the meeting was to consider the of consolidation in general a.ud not the paiiticular scheme. "before the OouTt which was really a Town Planning Scheme of the Lower Hutt Borough Ooucttcil. The meeting had been called to secure a better taaderstanding bebween the natives and tihe Minister and was held to enaMe the natives to piut forward t&eir abjeddonß (if any) to the Town Planning scheme and also to discuss any other scheme of consolidation.

Mr. Barrett replied that, he, heartily approved of the principle of consolidation and that, if the matter could foe arranged by a conosolidation of the via/rkms interests under a system of family groups so as to deal also with the question of outstanding rates an.d the avoidance of inexpensive roading scheme, the natives woulcl approve of a ncsw proposal], upon those lines. . The Rfev. HSamuera T'e Fxinga, Messrs Tfeo Tipene and P. Puketapu also spoke on: beiailf of the native owners and stated that they would agree to a scheme upon the lines sttgigested by Mr. Barrett.

The Ministerial and Department representatives thereupon stated that they -would endeavour to formulate a saheahe to be submitted for the approval of the natives at a later date and were for some time engaged ia taking paxtictilara from those present to enable the auggestion to be carried out.

Ajfiter tiie meeting the natives expressed their sincere thanks to Messrs Barrett and <HHes(pie for the deep interest t&ey had taken in the consolidation, application aaad for.their help in opposing the Town Planning proposal.

Mr. Kingi Taliiwi was present as official . initergpretex and translated to tk* native audience most of tie m*tter« dealt with.

An amuisiiLg' eorrcyboraion. of Mr. Barrett's address tlhat the natives -were suspicious of the Town Planning proposal was manifested when a ■Rbrou'gh .official, entered-'th'e!. Court to, near the dk'c-iissioms amd his preseniee • was loudly <>h,ii>cted to by a native -who. speaking in Maori> requested Mr. Kingi' Tkhim-i to advise i>ho intruder that.Kw pro.soncc

■Ms" not desired

X.A.M. and.R.C.M PASSES

The Associated Board of thi? Hoyaik AiCiideiny ami' ltoj:al College of Music, Loiidoti. has held practical examinations in Wellington during the past three weeks, the examiner being Dr. B. C>. Beaclw.'l-of.t. Hutt Valler list of /passes is us follows:— LIOENO!LATE EXAMINATIONS. ■ ■■• . Teachers Certificate. J'Mrvv-aTds. Thel-raar (Miss M. Graynor). Perfor.rner Js Centificate. |La Rioehe,2>orothy. (Miss G Johnston) | liodfway/ Frainei« H. (Mr. C. H'aydon). Kstailjlished N.Z. record 148 points out <xf possible 150. • LOCAL CE-JSTTTJE EXAMHSTATIONS. Final Grade Pass. Fixullater, Mary E. (Miss N". G-xeig). Gorrie, Hild<i M: (Mrs'E. Mackay). Ach-an<?,ed Grade. Hjonours. ..j l')dm rards. Thelma (Miss M. Gaynor). IjOdder. Janet J. M. (Miss Benbo^r). Advanced Grade.. ~Pass. Blaefcmiore, Dprptiiy (Miss, Beniioiw) ■/■ Stiorsvers, BV^lyja J,. (Miss B. G. Q. ,-Harte): . } -.- y-.}-'"-^'] .v-^v ■,-...■ "■'..■ Initermediate. . Hon. Mention.. '■. Liaanlbertr, Nancy F. (Miss B. G. G. Ha-rte). ~''--:: / . • Intermediate. Pass. : Butcher,- Jo&n. T. (Miss B. G. G. j Sarte). [' ■[ SCHOOL. EXAjNIINATIONS. Higher Divisions. Hon. Mention. Hardy. Helen M;; (Miss B. G. G/ Harte). ' '.-:' ;• ; . Higher Division., Pass. i>Svvaus<iii, Irene (Miss F. Habfi>s). ■WillmnTson./Margaret (Mis* B. G. G. Harte). .:■ y ' ";. Lower Di\'isi(in. Distinction; Clark> Rita (Mrs. H. FoTre&t), Walker. Joeelyn (Miss A, Duff). Lower' Division. Pass. .August,l Joan (Miss M. Walters). Brown, NoleiieM, (Miss jEj^Da^vson). ColJett, M^nbel (Mis-s H. Gorri' c). • Keys; Nancy (Miss : H. Gori-ie). M'cKay, Ve;ra (Miss 3VT-- Walters). . * Wallace, Merle (Miss E.Daiwson). E'leinieiitary Division-: . Pass. Barnes-, Jack (Miss M. Walters). Jackson, Lortiit (Miss E. Daivrson). Tvatene, Kathleen (Miss E. Dawson). Ledger. Ev<jly.n : ; G. (Miss B, G. G. Harte). Muir, Ronald (Miss E. Dawson). Shepherd, Vera .(Miss E. Dawson). Tai*, Joan (Miss.©. Dawson). Vioyce, Helen (Miss E. Dawson). Whiteman, Natalie. (Miss B. G. CX Harte). . - Primary Division. _ Dis.tinetion. Gorrie, Edna D. (Miss H. Gorrie). Reid, Mary S: (Miss E: Dawson). Primary, Division; Hon. Mention Berry, Joy (Miss E. Dawson). Burton, Phyllis G. (Miss Harte). Dawson, Valeric R. (Miss Harte). Ede, Horace (Miss V.'.Macdonald). ■'•' Edc,'Marjorie! (Miss V; Macdonald). Loan, Ruth (Miss M. E. Findlater). Dawry, Berenice (Miss E; Dawson). Maiekay, Ngara (Miss HaTte). ! ■Martindale. Lesley (The Convemt, Lawer Hutt). Mason, Ngaire G. (Miss E. Daw»on). Phiilips, Rae (Miss E. Dawson). Powles, Joan (Miss Harte). | iStirling, Max (Miss E. Dawson). Trevethick, Peter (Miss M. Walkers) Wall, Edgar (Miss Nora Gray). Wallace, ElizaTjeth (Miss Hairte) Wright, Maibel (Miss B. Dawson).