SQUATTING SYSTEM.

New Zealander, Volume I, Issue 49, 9 May 1846, Page 2

SQUATTING SYSTEM.

From the very first establishment of this colony, the measures of the Home, as well as Local, Governments, have been adopted, without due regard to the vast difference of New Zealand, in every respect, to other British colonies. In the earliest days of the Legislative Council, a regular batch of local acts of New South Wales were adopted, here, verbatim, without any investigation how far the difference between a penal and non-penal colony might effect their efficient operation. At a later period, — 1842, — the Home Government carried through Parliament the Act to regulate the Sale of Waste Lands in the the Australian Colonies; — and the Colonial Office ruled, that such Act should be the law, in New Zealand. Hence, arose the baneful system of the minimum upset of twenty shillings per acre, for country land ; — and the equally absurd regulation that all leases and agreements made with the natives were null and void. The least consideration and knowledge of the colony of New Zealand would clearly have shewn, that bearing in mind the Treaty of Waitangi, and other peculiar circumstances, this Act of Parliament was not, at all, applicable to this colony, and that the attempt to carry it out, as in the neighbouring colonies, would be utterly fruitless, and only embarrass the Local Government, irritate the native population, as well as annoy the settlers and retard the advancement of the colony. What has been the result, hitherto, so far as it has been endeavoured to ap])ly this Act to New Zealand, — but complete failure ? Country land will never again be sold by the Crown, at twenty shillings per acre ; — -therefore, the Act, as regards the clause fixing the minimum price at that sum, is a complete nullity. But there are various other clauses, — in truth it may be said of all of them, — so perfectly inapplicable to, and so conrpletely impracticable in, this colony, that we consider its immediate repeal, as legards New Zealand, to be quite imperative on the Home Government. Among the many topics brought under the consideration of His Excellency Governor Grey, when at Wellington, by the deputation from the inhabitants, the first was the squatting question. Now this Act, to which we have referred, takes cognizance of "squatting" in the following clause : — "And be it enacted, that nothing herein contained shall extend or be construed to extend to prevent the Governor of any of the said colonies from granting to any person or persons a licence for the occupation, for any time not exceeding twelve calendar months from the date thereof, of any waste lands of the Crown ; in any such colony, or a licence for felling, removing and selling the timber growing on any such lands." Among the settlers, in the Wellington district, are some capitalists who have embarked, largely, in sheep Farming; and they, oi'course, will require considerable run of country to depasture their numerous flocks. The land of the Company cannot be applied to such purpose; for tlial, about Wellingf on, is already sold to settlers, — and that in the valley of the Wairarapa, will be required for their intended Church of England settlement. It appears, that the settlers, already squatting, with their flocks in the Wairarapa plains, have the privilege, under some agreement with the native proprietors; but the deputation stated, that if such irregular practice were much longer continued, not only great and serious ol> stacles would be placed in the way of the systematic colonization of New Zealand, but

that disputes would be perpetually arising 1 , between the two races, and the interference of Government would be constantly required. There can be no question, but that it would be far better for the settlers, who are flockmasters, to hold their squatting licenses, with definite, clear provisious and rents, direct from the Governmout, than to be periodically subject to the caprice and avarice of ihe natives: but, under the Treaty of Waitangi, there cannot be such a thing as waste land, in New Zealand, belonging to the Crown, except what it may purchase from the natives; and further, whatever land it may possess, by conveyance from the original native proprietors, even then, by Lord Stanley's Act, the Local Government have only the power to grant leases for a year. Therefore it is perfectly evident, we conceive, that, until the Government are purchasers of vast tracts of country, — or by some other means extinguish the native title lo waste lands, — the clause, to regulate .squatting, is perfectly inoperative in this colony ; and, that, whenever the Crown may possess tracts of land, adapted for pastouil purposes, that the brief, limited period, enjoined by the Act for the licence, — of twelvemonths, would be great preventive to grazing pursuits in the interior. The deputation acknowledged to His Excellency that after repeatedly discussing the question, they could find no solution of the difficulties which, at present, stood in the way of legislating on the subject. According to the report of the deputation ; — His Excellency, in reply, admitted the great importance of the subject ; — expressed his earnest desire to place squatteis in a more secure position; — expressed his opinion, strongly, that squatting should not, in any way, interfere with colonization ;•— »that in squatting licences, all agricultural land -hould be excluded ; — and that even land so held, should not be used for cultivation except for raising what was absolutely necessary for the station- His Excellency admitted the force of the objection, and feared he could not do any thing, until he had referred the subject to the Home Government. Thus, as it has ever been with this unfortunate colony. Crude, inconsiderate, undigested, inapplicable, impracticable regulations and enactments are put forth, and when found, as in this instance of squatting licences , to be accompanied with insuperable difficulties, neither alteration nor remedy can be obtained for the anxious, expectant, impoverishing settler until the subject is referred to the Home Government. But we have drawn attention, to this subject, more particularly, with a view to place on record our own deliberate opinion, on squatting licences. The remedy is simple, facile, and efficacious. Let the Government waive, by Proclamation, wholly, henceforth the right of pre-emption over all native lands without the necessity of application to the Governor, and then let the natives, as British subjects, either sell or lease their lands, lo Europeans, as they please. If such plain, judicious course was adopted, tracts of lands, specially fit for pastoral purposes, could be purchased, in many instances, by payment in stock at certain future periods ; aad many natives, there are^ anxious to sell, on such crms, or for any inconsiderable paymentt otherwise—to Europeans, that would bring flocks and herds into their districts, — who will never part with their lands to the Government, being now well aware of the plan and profit of the sales of Crown lands. The occasional disputes that might arise, from incautious purchases from natives, not the sole i or light owners, would he merely an evil to j which lime and experience would bring certain I remedy. As with bargains between Europeans, alone, — so let the law apply to contracts between Natives und Europeans. In the former instance, if one makes a purchase or contract, with another who is' not the bona fide proprietor, he does so, at his own risk ;—; — and if damnified, he has his remedy by civil action : — so let it be in cases between the latter, — and then persons will exercise proper circumspection and prudence in such transactions with the natives, instead of rushing into imprudent engagements, and afterwards requiting the native to be punished for deception and craft, while they themselves ought alone to suffer, for their folly and cupidity. It is imperfectly impossible, now, for the Government to prevent either sales or leases from the natives to Europeans. The regulation, in the Land Claims' Ordinance, declaring all leases and agreements with the natives aie null and void, is now utterly disregarded ; — for, so long as the native owner is satisfied, who is to disturb the lessee or squatter? — Will the Government undertake such rash, imprudent measure? We trow not. Then, why not abolish this, and all similar, absurd, impracticable enactments, that, at present, encumber the statute book of this colony ? Past events have warned, and recent circumstances must have convinced, the Government, that the Act to regulate the sales o( Lands in the Australian colonies is quite map. phcable to, and quite impracticable in, New Zealand ; and it must be, likdwisc, very evident, we consider, to the Executive Government of this colony, that there is only one of

two courses, hencefoitb, to be pursued— either, the native title, to the land, must be extinguished, by force ; — or, the native population must be governed by intelligible, practicable luws, and treated with the same justice and honesty, as regards their property, as other British subjects.— -There is no third course.