LEASING NATIVE LANDS.

Lyttelton Times, Volume XVII, Issue 966, 12 February 1862, Page 4

LEASING NATIVE LANDS.

The following speech conveying the proposed method of the Government in dealing with the native lands was delivered at a meeting held at Napier on the 15th January :—

Mr. Cros*bie Ward admitted that the present was a momentous crisis in the history of the province, the prosperity of which was ensured if the negotiations of the Government went on favorably, but it would suffer severely if the natives showed any indisposition to deal with the Government in the matter of their lands, -to the advantage of themselves and the community generally; or if Europeans, by any hasty step, prejudiced the action now being taken by the Government. He could only touch upon a few points raised by former speakers. First, —What was the Governors policy? That policy was not a new one in theory, but rested on two Acts passed by the General Assembly iv 1858. Of these, one was the Native Districts Regulation Act, which was to be brought into force, if required, within native districts, and which provided that the natives should be empowered to make laws for the management of their own affairs; the other was the Native Circuit Courts Act, which provided for the administration of the'laws so made by means of courts to consist of a European magistrate and two native assessors: These Acts were the production of the late ministry, but were never put in operation by them. He did not know for what reason, as ho thought they might have been very properly employed amongst the natives before this time. The plan yvas there, but the practice was wanting. The present Governor and the present Government, who did not see the use of inoperative statutes, built upon this foundation a practicable policy, and shortly afterwards began to carry it out. He (Mr. Ward) was now in Hawke's Bay with the view of carrying it out within that province, and, with the help of Providence, he would do so. (Cheers.) It was sought to gain the confidence of the natives, first by giving them a share in making laws for the management of their own affairs; second, by giving them "a share in the machinery for carrying such laws into effect. They might also be empowered under one of the Acts he had cited to deal with their own property—to frame what might be termed land regulations. The land question, in the circumstances of Hawko's Bay, should with all speed be placed on a solid footing: and it was with this view, and as the best solution of the difficulty, that the natives of this part of the island at least were to be invested to a limited extent, at first conditionally, with the management of their own lands. The Government had three objects in view,—first, to settle present difficulties, and to prevent difficulties from again arising, by the introduction .of a proper system of dealing "with native lands; secondly, to introduce among the natives at the same time and by the same means, law and good government generally ; and, thirdly, to indoctrinate them with the desire and to toaeli them the habit of looking after their own affairs in-,general. Seeing themselves secured thoso.privileges which the Government had hitherto said they enjoyed, but which they, in reality^ never enjoyed, a natural consequence on their part would tote submission to the law that protected them. This was the uatiYO side of the quos-

,•,!!• lie would now say a little upon the other— he proper way of dealing with the native, lands for 1,0 benefit of the European community, lie would list- recal to the minds of those present the position • n vliich the General Government was placed. It liul declared that the hind belonged to the natives. This, however, was no new declaration. The recognition of the native ownership was as old as the foundation of the colony ; and it was too late in the ,Hv to promulgate a different doctrine. Now, the resolution before the meeting was. he conceived, very jniuWuate to bring about the end at which it was the duty of the settlers to aim. The Government, ■ilthousfh it recognised the rights of the natives to ,'loal with their own lands, and meant to adhere to that proposition, did not mean to allow them to act unrestrainedly—to sell or lease in a hap-hazard milliner. The limitation to which he had already •illiuled in public was a positively necessary one— that no selling or leasing would be permitted till •iii'eh time as the native title.may be determined. Xo one who visited Napier, and who had previously been in any other part of New Zealand, could fail to see (hat the Ahuriri plains were intended by nature for agricultural purposes ; and he need scarcely say that 'every exertion would be made by the Government to secure to that class of settlers the advantages of their occupation. He believed that the natives would be induced to lease no more land till their Kunangas were legally formed and their titles determined. He could not coerce the natives to this effect, but the Government would use all its influence to prevent such transactions. And if it'should should appear that all dealings of this kind were suspended for the time, the motive for the proceedings of the present, meeting would no longer exist. Another reason why the European settler should not hurry this matter was, that the natives could not give a title that would be considered sufficient by the agriculturist. Who, he would ask, would expend labour and capital in fencing, building, and laying down in crop, if he thought that squabbles would perpetually occur as to the real ownership of the land ? And that such would arise there could be no doubt whatever. At that moment there were serious disputes as to the native title unsettled amongst themselves. Surely, if there was a reasonable prospect within a moderate period of full security being afforded by means of the titles being determined and registered, it would be far better to wait for that period than to prejudice the negotiations and incur personal risk by seeking to enter at once into possession. So far as he was informed, the process of- defining such title would not be a very tedious one, and when this was done, a formal authority would-be given by the Kunanga, subject to the sanction of the Governor and foliiig some simple system, to entertain proposals for occupation from Europeans. It was probable that, within ten or twelve miles of where they now stood, at least two blocks Avould be set apart by the natives themselves for the purpose of inducing Europeans to settle. There might be toAvnships, suburban and agricultural land, and rights of commonage to a back country set aside for that purpose. The natives, he believed, were anxious to do just what the Europeans wanted. He would now refer to the proposal that land should be leased in large blocks by the General or Provincial Government, or by a public company, and afterwards re-leased in small portions. Any one of these (for they were but different forms of the same scheme) it would be dangerous to attempt—dangerous even to talk abouf. He did not believe that the natives would hear for one moment of leasing their lands at one rate with the view of its being re-leased at another. They wanted the management of their own lands. They would regard such a proposal as a mere attempt to continue in another shape that Government monopoly which had become so objectionable in their eyes. And even if the natives allowed it, the Government at present could hot, and any action by a company would be illegal. By a peculiarity in the construction of the Land Purchase Ordinance, it was impossible for the Government to issue licenses for temporary occupation, but to sell or lease land not held under Crown Grant was, and would continue illegal, so long as the ordinance was unrepealed. In addition to this legal objection, there ■was also one of a political character. It would do away with a great civilizing engine in the cultivation of a taste for government on the part of (lie natives. As he had already mentioned, one great object in offering the natives the management of their own lands, was to accustom them to deal with their own affairs, and induce them to accept the penalties of the law as well as its privileges. But if, they leased their lands in large blocks, and by this means relinquished the active management of their own affairs, they would lose that great advantage. It would be to keep up the broad line dividing European from Maori, cultivation from wilderness, civilization from barbarism, law and order from anarchy and violence. He would here remark that he wished it .to be distinctly understood that when he said that the Government could not permit the occupation of the land in any permanent way until the titles were defined, he spoke of matters of fact, as a member of government; but when he touched upon the policy of dealing with land in a certain manner, he simply expressed his own opinion. The Government would not say to the natives what they were to do with the lands; but it would fall upon the Civil Commisioner to instruct them generally, and to lead them, if possible, into that course which he thought best fitted for their welfare. It would probably be asked, since delay is inevitable, what is to become of questions of grass money and others now-at issue; will they have -to remain unsettled till the native title is ascertained and recorded? He knevr no reason why it should be so. So soon as the system of government came into operation, all lands in the vicinity of the town might be temporarily used as an extensive commonage—as a feeding ground for the ntighbouringf armer, and for horses, working bullocks, and stock generally, licensed to run at a fixed rate of payment per head. Something of this kind he would propose to the Civil Commissioner. For this no particular title would be required. Persons running stock without being previously licensed would «c considered as trespassers, and dealt with accordingly. There would thus be no occasion for squabbles; and, after the lapse of a few months, »oth parties would have forgotten the old bitterness of spirit and be able to enter into more intimate relations. There was one point referred to by Mr. •ntzGerald, which he would touch upon. In referring to the recognition of native title, that gentleman iiiid used the expression " individualization of title." «ow he would ask him not to use that expression lor "le future. The title, when determined, will be a« it is now—a tribal one. The efforts of the Gov erninent would rather be directed to prevent indiyiuualistation of title by natives as well as by wironeans, for the present, preferring that the 'and should be dealt with by the whole. In conclusion, lie would be sorry indeed should a proposal of ""s kind be carried. And if agreed to, he was 'I'lite sure that it could not be carried into effect, ilt would regret much to see individual Europeans fcv<--n attempt to influence the native mind to this Particular view of the case. The higher interests of '"tli races were not thus to be tampered with. He thought he might pledge himself that while these '"•'goeinlions were pending, no new leases would be jointed ; or, if they were, that they would not be J'niml to interfere with the agricultural interest, •"'is should answer all objects for the present, and 10 trusted, therefore, that the gentlemen who had Ij(i<-'M active in getting up this meeting would be fJ'Jod enough to abstain from interfering at this juncture, and so leave the new system to its fair oi'fcration.