THE The New Zealasnd Herald SATURDAY, JULY 28, 1877.

New Zealand Herald, Volume XIV, Issue 4898, 28 July 1877, Page 2

THE The New Zealasnd Herald SATURDAY, JULY 28, 1877.

If the Ministry are in anj- way amenable to public opinion—if they are not able to force anything through the House by playing oft' the different sections ono against tho other —the new Native Lands Hill must be completely altered. The measure must indeed bo made to take quite a different line of march from that which it takes at present. There is one point settled —so completely now beyond controversy, that it is quite unnecessary for us again to discuss it—and that is, that the powers sought to bo conferred upon the Chief Judge are altogether preposterous, and cannot be allowed. When tho bill was iirst before us, we pointed out the glaring absurdity and monstrous injustice .sought to be legalised by it, and, so far as we are aware, every one who has spoken or written 011 tho subject has concurred with us, and scouted the idea of such provisions becoming law. In the South, the measure has been aptly described as " A bill to enlarge and consolidate the power of the Chief Judge of the Native Lands Court," and indeed that is its most prominent feature. Tho Chief Judge has already too much power, but this bill makes bad worse. Let any one look at it, and consider what would bo thought of the Chiof Justice if lie were to draft a measure in which he assumed corresponding power over property and individuals. So repugnant to common sense are some of the provisions of the bill that we doubt if Mr, Whitaker will venture to defend them in tho House, unless lie sinks his character of member in that of advocate, which he is not likely to do.

In one of our articles on tho bill, we made a suggestion which appeared at tirst .somewhat sweeping, but which has largely gained favour in -Auckland since. We proposed that the separate administration of the Nativo Lands Court should be swept away, and that the business of changing tho native titles should be conducted by the ordinary tribunals of the Colony. There are in Auckland not a few men who are convorsant with the history of this matter since the foundation of tho colony, and who have given it constant attention, and we think it would be found that nearly everyone of these would agree that it would be advantageous iu every way to abolish the Native Lands Court. We are surprised that in this matter the Government have not taken tho opinions of those who are conversant with it, and who have no personal interests to servo. The Native Lands Court has proved a most expensive piece of machinery, and its operations have not been satisfactory to tho country, and yet when an effort is to be made to put things on a better footing, 110 attempt is made to benefit by experience. Why should not a select committee sit 011 the subject, and take evidence from all those who arc competent to give information I Why seek simply to perpetuate tho worst features of the present system, and to maintain a costly and worse than useless establishment ! It is quite well known that in the great majority of claims to land, tho title could be settled without dispute if the matter were loft pretty much to the natives themselves. If Resident Magistrates were empowered to receive all the applications, to give the notieos, and to hold a Court every mouth, or every quarter, the object all bavo in view would be much more ell'ectually attained than at. present. It would bo much bettor for tho natives. At pro-

sent, the Court sits hero or there, as tho Chief Judge thinks fit, and when ho thinks fit. Cases are frequently put down to bo hoard at Courts sitting far away from tho land to be adjudicated upon, and great evils result. Clever, scheming natives, who can find their way about, manago to get themselves putin tlio certificate, wliilo persons with bettor claims, who arc without funds, are left out, and dispossessed of their land. This is a great injnstico, and causes mucli complaint, and even dangor to tho peacc of the country. If a native has to go a long distance, he has to borrow (and this means a profitable transaction to the nearest publican), and when, as is usually tho ease, a very largo ntimbor of natives aro assembled from several districts at a Court, a scene of drunkenness ensues. But with the Courts held regu- | larly at the Resident Magistrate's offices, witii tho Resident Magistrate himself also iu tho district, and accessible al any time, no such ovils could ariso. Tho change would also bo a great improvoinont for Europeans. The business of getting the title changed is frequently delayed for months or even years by 110 Court sittingat a convenient placo, to the great delay and obstruction of settlement. Wpeody conversion of nativo title into Crown grants can only be accompanied by a sub-division of the North Island into districts of moderato size, with ail office in cacll where business can at any time bo transacted. it has been suggested to us by a gentloman having larga knowledge and experience 011 the subject, that a compromise might be mado—that the whole of the preliminary business might be transacted at the offices of the Resilient Magistrates, and that a Judge of tho Nativo Lands Court might hold a Court for tho Bottlement of native title in each district ciuco a mouth, when lie would find all tho business in train for him. We are inclined to think, however, that it would bo better to get quit of tile Nativo Lands Court altogether. One of tho greatest advantages of bringing nativo land titles under the ordinary legal jurisdiction of tho country would bo that in difficult cases, whore many conflicting and powerful influences wore at work, an appeal would lio to the Supremo Court. At present the right of appeal is simply nothing. It is virtually from 0110 Judge of the Court to another. The natives look upon the power of appeal as a chance left open to any party to get a judgment reversod, if tho party who was found in tho wrong can get up a strong agitation, with threats of political complications. Under the system wo propose, the judgment would be reviewed by a Judge of the Supreme Court, who would bring to boar upon the questiousinvolved muchsuperior capacity to that possessed by any Judge of tho Nativo Lands Court, and who would probably be also rather superior in knowledge of Maori customs.

The question of surveys is an exceedingly difficult one, and it is supposed to draw in its train the matter of liens, which it would be desirable to get quit of altogether if possible. Tho bill provides that a person intending to purchase may advanco money for survoy, and that the amount shall bo made a lien on the land. It has been objected to this provision that it gives a monopoly of the native lands to large capitalists ; and there is a good deal in tho objection. It would be easy for a knot of capitalists to go over all tho country, making very small payments upon very large blocks, not completing the transactions, and so holding the land for themselves for years. We need not say that this would be a great evil. These lands would bo "locked up;" the natives would have only had a small part of the price ; it would bo out of the, reach of taxation ; and quite beyond file pale of settlement. Probably, tho best mode of procedure would be, that the Resident Magistrate, on receiving any application from a nativo, should cause him to mark out the boundaries. As a rule, natives have a clear enough notion of their own rights and of the rights of their neighbours. A native will not mark off another man's land, although he may have no objections to a surveyor doing it in his interest. The marking would have to be done roughly—a tree felled here and there, or a few spits of earth dug. That done, and the application properly lodged, let the Government mako a further survey for the Court, taking socurity for repayment over tho land. This would obviate all tho complications sure to arise if Europeans are allowed to take lions over native land. Except a lien by tho Government for tho actual money advanced for survey, no transaction should be legal till the issue of tho certificate of title. In tho majority of eases, tho nativo would sell liis land, and there being no lien by any individual upon it, ho would 1)0 able to obtain tlie full market value, he would not be under tlie thumb of the speculative capitalist, and ho would bo able to dispose of it in blocks suitablo for settlement. If tho native choso to hand over to the Government a piece of land in payment for the survey of a number of blocks, which ho has thus been onabled to bring into the market, the laud could at. once be transferred to the Waste Land Hoard, and thrown open to public competition. In view of tho opposition to the Government proposals which the appearance of the bill has already evoked, tho Government. would act wisely in referring it to a committee at a date as early as possible. Ollieors of nativo districts could then bo examined, and also tho most eminent interpreters and native agents. That is the only chance the Government now have. Some change in this law is absolutely required, but if the Government persevere with tho present bill, it will in all likelihood bo thrown back in ihoir fncus.