NATIVE LANDS COMMISSION.

Lyttelton Times, Volume CXVII, Issue 14285, 1 February 1907, Page 5

NATIVE LANDS COMMISSION.

OPENING OF THE PROCEEDINGS THE INTENTIONS OF THE ■ PARTIES. Tho first sitting of the Native Land; Commission, recently appointed by the Government for the purpose of preparing an exhaustive report regarding tiic Native lanes of the colony, was hold in the Christchurch Supreme Court yesterday afternoon. -Tuo Commission cohsisto of tiio Chief Justice (Sir Robert Shout) and hir A. T. Ngata, the former being chairman. Hr Ngata was not present; yesterday. The At-torney-General (the lion Dr Findlay) represented the Government, and Air C. ?. Skerrett, at tho instance of the Government, appeared on behalDof the Native interests involved. The Chief Justice ordered that the Commicsion issued by the Governor-in-Conncil shoiuct be read. The Commission set forth that Sir Robert Stout and Apirana Turupa Ngata had been appointed to inquire and report regarding tiio following matters : (1) What areas of Native lands there are unoccupied or nco profitably occupied, tho owners thore6f. and, if necessary, the nature of such owners’ titles and tho interests affecting the same. (2) How sucii lands could best bo utilised and settled in tiio interests of the native owners and the public good. (3) What areas, if any, of such land could /or should be set apart (a) for tho individual occupation of the native owners and for purposes of cultivation and, farming, (u) as Cpmnninal lands for the purposes of tho Native owners as a body, tribe.or village, (c) for future occupation by tiio descendants or successors of'the Native owners, and how such land could "in the meantime be properly .and profitably used; (d) for settlement by ocher Natives than the Native owners, and on ■ what terms ■ and conditions, and by what modes of disposition; (c) for settlement by Europeans on what terms and conditions, by what modes of disposition in what areas, and with what safeguards to prevent aggrgeation of such areas in European hands. (4) Hmv the existing institutions established amongst Natives and the existing systems of dealing with Native lands could best bo utilised or adopted for the purposes aforesaid and to what extent or in what manner they should be mourned. The Commission is given wide powers to exa mine witnesses and documents and is required to transmit to, the Government its reports and recommendations from time to time after the inauiries

aforesaid have been made in respect of any considerable blocks or areas of Native land. The first report must be presented’*-not Later than July 15/1907, and the final report not later than January 1,1909, or such extended cate as might hereafter be named. The Commission is directed to so frame its reports as to facucate prompt action being taken thereon, and in particular to furnish in the reports such details as to the lands available for European settlement as will enable Parliament, if it deem fit, to give immediate legislative effect to such parte of the reports. ■The Chief Justice said that Mr Ngata was unable to be present, but he had thought it best that the Commission should be opened, in order that its intentions might be made clear. The work that lay before the Commission was an enormous one. There were in the North Island not less than 7.500.000 acres of land still belonging to the native people, and of this about 3,000,000 acres were totally unimproved. No <}oubt some portion of that would bo barren or useless land, so far as ordinary pastoral and agricultural pursuits were concerned. The number of Natives returned as owners of the 7.500.000 acres was 103,605, so that some Maoris must have interests in several blocks. The area of land concerned, the, number of , Maoris interested, and the interests to be considered were exceedingly large. What had befen going on in the past was well known. Natives had been, and

were still, selling and disposing of their land, often net keeping sufficient for agricultural purposes, . and in other cases the land was retained, but not properly utilised. Then there was a difficulty in placing all, persons in the colony on an equal footing in obtaining lands not required by the Natives. On receiving the commission, he had applied to the Native Minister for certain information, and had since been informed that a map of the North Is- i land, on as large a scale as 1 was being' prepared,' showing "the Native land held under various titles-and that not yet occupied. He had received letters from the Native Minis- ! ter and from the Under-Secretary for Native Affairs, stating that they would he prepared to give the Commission every assistance in their power. He had also applied to the Government to appoint some barrister to represent the Native interests before the Commission, as otherwise the cost to the Natives would be enormous, and Native views and interests might be overlooked. The Government had acceded to that request. Ho hoped to meet Mr Ngata in Wellington on the following Monday, and the Commission would proceed with its work as soon as it had obtained from the Native Department the information, or a portion of the information, that it required. It would proceed at once, in order that an interim report might be placed before Parliament when it met as to how the Native lands should be dealt with by the Government and the Parliament.' It would, of course, be impossible to effect anytning unless legislative power were given to the recommendations of the Commission. The Attorney-General, appearing on behalf of the Government, said that from a return compiled by order of the Legislative Council and laid on the table of the Rouse on August 29 last it appeared that the Native land in the North Island consisted of no less an area than. 7,479,602 acres. Of this 4,003,670 acres were in the Auckland district, .1,420,295 - in the Hawke’s Bay district, 687,549 in the. Taranaki district, and 1,365,038 in the Wellington district. It was abundantly clear from that return that the enormous area, of more than 11,500 square miles was ■ mostly fit for settlement, and also that from reasons it was unnecessary to recount by far the greater part of it had lain ever since New Zealand had been a colony, neglected and unproductive, resulting in a loss to the Native owners, a serious impediment to settlement, and an economic waste to the colony which was appalling. The last census return had stated the Maori population of the North Island at 44,962, and the Registrar-General estimated the adult male and female population at 23,316. The adult male popu-' ration lie estimated at 12,796. Many of these, moreover, were in different callings, rendering them independent of maintenance from Native' land, and ! many, too, had moan® independent of land. On comparing these estimates of population with the area of over 11,590 ! square miles of land still in Native : hands, it would be seen that with the greatest profit to the Nrtives and to the colony large tracts of country could bo devoted to European settlement. Where these areas were, their extent and the terms upon which they should be made available for European settlement were matters for this Commission to decide. “ The Government, recognised the great importance and difficulty of the duties imposed upon your Honor and your colleague,” said Dr Findlay. “We recognise that the attainment of the objects of this scheme for solving a great problem depends) far more upon the knowledge, th®

judgment and the industry of the Commission than upon the scheme itself It is perceived that a long, arduous anc intricate task lies before you, and .1 am instructed to say that the Government will promptly afford you the fullest assistance the Native Department or any other Department of the Government service can render. Having in view the personnel of the Commission, it has not been deemed necessary at present to appoint more than twe . Commissioners. Your Honor comitlerecl it desirable that an active Counsel •of gc'od standing should bo engaged tc represent, the Native interests before the Commission, and upon your intimating this to- the Government Mr Slierrett was appointed for that purpose. He. however, asked that he should have the nf3sistar.ee of someone especially familiar with Native customs, institutions and requirements, and Mr A. If. D. Fraser has accordingly been appointed to give Mr Kkcrrotfc the help he may require. It is not considered ncccscury fur the Crown to be represented, but should the Commission at any stage of its inquiries, or in connection with any special matter desire the Crown to be represented, 1 shall bo glad to appear or instruct other counsel for the Crown to -appear. The Native Minister, the Hon J’. Carroll, is specially devoting himself to the preparation of materials which will assist the Coinmission. He is having plans prepared, returns compiled and other data collected which will expedite and facili-tate-your investigations. Tie has asked mo to say that he will be glad to appear at any time before the Commission- if required, or to furnish any information that may be o:f service to yon. I shall only add that it is confidently hoped that- in the hands of yourself, sir, and of your colleague wo now, begin the solution of a great and perplexing problem, and that you and he will thus win the gratitude of the Native race, the blessings of European settlers and the thanks -of this colony as a whole.” Mr Skorrett said that it' would bo impossible to exaggerate the importance of the work of the Commission, both in the interests of the colony and of the Native race. “ I shall appear, he said,' “ as the representative of the Native owners—not only to assist them in presenting before the Commission all tno material and information necessary to enable it to arrive at a satisfactory conclusion upon the questions referred to' it, but to support their rights as owners of their lands, and to express their views and aspirations upon those general questions of policy which must necessarily come witiiin tht scope of this Commis-

sicn. 1 repeat' lam here as the representative of the Native owners; my first duty is to them; my charge is to adequately protect their rights, and interests, and to bring properly before the Commission their desires and views as to the manner in which their lands are to be disposed of. Your Honor will, 1 feel sure, agree that a proper representation of _ the Native owners before this Commission is essential to the efficiency of its work. I apprehend that in determining what areas should he set apart for the individual occupation of Native owners, and for Natives other than Native owners, for the purpose of farming: and cultivation, and what areas as communal lands and lands for descendants and successors, the views and opinions of Native owners ought to have great weight with the Commission, and ought, as far as possible, to be given effect to in the recommendations of the Commissioners. It seems to me that the basis of the reference in that regard is first to be had to the personal requirements of Native owners, both in the present and the future, and lands not required for such purposes to be made available for settlement. In arriving at a conclusion upon these questions, I observe from whkt ‘your- Honor- has said that the Commission will not overlook the advisability of encouraging Native owners, who have the capacity and inclination so to do, to farm and cultivate their own' lands. One further point I desire to emphasise. The Commission is to determine by what ? modes of disposition, and on whaf terms and conditions, the Native lands set apart for settlement are to be dealt j with. I shall submit that upon these , questions the well-considered opinion and views of Native owners generally, which it will be my duty to present to the Commission, should receive, not only the sympathetic consideration of the Commission, but every possible weight. The Native owners are loyal subjects of the King—entitled to the rights and privileges of a subject. The lands which will be dealt with by the Commission are the private lands 01 the Native owners, and have been affirmed to he so by a high judicial decision in this colony. As the owners of these lands, the modes in -which the lands are to be disposed of are matters of vital importance to them, and their desires as to the mode of alienation, whether by alienation of the freehold or by lease, or partly in one way and partly in the other, cannot be ignored by the Commission. I shall submit that the well-considered opinion of the Native owners as to the mode of alienation of their lands ought to be given effect to by your recommendations, subject to such conditions as are necessary to secure the best available consideration being paid to the Native owners, to ensure fair dealing, to safeguard the Natives from fraud, imposition and over-reaching, and to provide, where necessary, that the proceeds of any land are properly secured against thoughtlessness or improvidence. For myself, I shall, while facilitating the work of the Commission, do everything in my power to protect the rights of Native owners and represent _ their views and opinions; and, appreciating as I do the importance and difficulty of the task which lies before the Commission, 1 shall deem it right to make the performance of my duties in this I matter my first consideration.” Sir Robert Stout said that he was pleased that Mr Skerreit had been appointed and had no doubt that with his assistance the Commission would be able to deal with at least a part of the work placed, before it. A further meeting of the Commission would be held in ‘Wellington on the following Tuesday, when it would be seen whether there were any blocks of land that could be dealt with at once by the consent of the Native owners. j I