THE ADMINISTRATION OF NATIVE LANDS.

New Zealand Herald, Volume XXIII, Issue 7649, 28 May 1886, Page 5

THE ADMINISTRATION OF NATIVE LANDS.

[BY TELEGRAPH.—OWN CORRESPONDENT.] Wellington, Thursday. The following is an abstract of the Nativ® Lands Administration Bill, brought down by the Hon. Mr. Ballance, which is to be regarded as the Disposition Bill of last year, in an amended form —that.is to Bay, amendments are introduced to obviate the objections that were made by witnesses in the Select Committee which sat this year. The Bill contains 42 sections. The second section limits the scope of the measure, It is not to apply to land administered by the Public Trustee under the Native Reserves Act, ISS2, nor to lane l set apart as a reserve for natives under the West Coast (North Island) Act, ISSO, nor to any land subject-to the Thermal Springs District Act, 1 SSI, nor to land held by natives under their native custom or usage to title to which has not been invested by the Native Lands Court, Only sections 2S and 29 of this Act shall apply to land now tho subject of a lease for an outstanding term during the continuance of such term. The Railways Construction and Laud Act, 1831, shall have effect us if this Act had not been passed. The Governor may define the localities within which each commissioner may exercise his power, .which shall be under seal given for the purpose by tho Native Minister. Sections 7 to 10, inclusive, provide for tho election of uative committees. Owners of land, being move than seven in number, and desirous of having the same dealt with under this Act, shall elect seven of themselves to be a committee. The election shall be by nomination in writing, signed by a majority of owners, Each owner may nominate seven or any less number of owners of whom he may be one. Nomination papers must be transmitted to the Commissioner; the names of the elected owners to be registered, and, upon registration, the committee to be deemed duly constituted. If the number of owners be less than eight, they should sign a paper in the form of schedule B, transmit the same to tho Commissioner, who shall satisfy himself that the writing is properly signed, and thereupon declare the owners who signed it a committee. This committee may be less than seven in number. When the committee is duly elected it may deal with native lands in the manner provided by the Bill, Section 14 provides that owners desiring that their land shall not be dealt with under this Act may give notice of such desire in writing, signed by such owners, and delivered to the Commissioner within thirty days after the inscription of the names of the committee as aforesaid. Owners not giving such notice shall be deemed to have assented to their land being dealt with under this Act. By the 16th section it is provided that, if owner* have not all so signed, the Commissioner shall furnish to the Chief Judge of the Native Land Court a list of tho names of owners who shall have delivered notices as aforesaid, with his - -quest that the partition of tho land may be had thereon. It shall be a duty of the Court to proceed with the desired partition. The Court may in the first place partition to each owner desiring to hold in severalty such part of the land as it may deem just. The residue of the land shall be partitioned between the owners named in the said lists and the owners not so named, but in each case exclusive of tho owners to whom awards shall have beenmade in severalty. The 17th section authorises the committee to direct the Commissioner as to how the land shall be dealt with. It is as follows : —As to land where all the owners have assented as aforesaid, or where all the owners have not so assented, then, as to so much of such land as shall bo partitioned as aforesaid by the Court to those not named in the list aforesaid, tho committee may, by writing, signed by a majority of its members, make its direction whether such disposable land shall be sold or leased, or partly sold and partly leased, and may therein include such suggestions as to details of the proposed disposition, or as to parts of such disposable land to be rescued from disposition aa it may think fit. Sections 18 and 19 provide that owners may sell or lease to the Crown without or notwithstanding tho appointment of a committee. A committeo may alio sell or lease to the Crown. In the event of a committee ceasing to be a committeo all acts previously done and completed by it shall continue to be effectual, nor shall the acts of the committee be invalidated by reason of a miner being treated as an adult. The 22nd clause provides for oases of purchases from owners before the passing of this Act, which purchases, however, are still incomplete. The section is of special importance, and I give it in extenso : —" A person who has heretofore purchased the share or interest of an owner in land (the title whereto was not at the time of such purchase subject to any restriction as to alienation) may, at any time before the payment of the purchase money derived from the sale of such land, under this Act, within twelve months from the passing of this Act, notify the fact of such purchase to the Commissioner, and also to a Judge or a Trust Committee whose duty shall be to inquire into the circumstances of such sale, and who, if satisfied that there had been a purchase as alleged, that the purchase money had been paid, and that the transaction was bona fide, may give his certificate to that effect to the person alleging himself to be such purchaser." By section 22: "Upon receiving such certificates, such person shall be the owner of the share of his vendor in the land, the subject of the purchase. " Clause 22 relates to the rights of the purchaser, and it is provided that the purchaser shall be entitled to have the share represented by his purchase cut out. There are certain provisions under this section as to the rights of the purchaser to nominate or be nominated. .Sections 24 to 28 inclusive prescribe the duties of the Commissioner, who is to conaider the best means of giving effect to the direction of the corr.mit.ee. They give him power to make reserves for public purposes, to lay off roads, and sot apart land for other public purposes, to dispose, lease, sell, or alienate land in accordance with the provisions of the Land Act of 1595. It gives him power to sue, recover, receive, and give receipts, to distrain, sue for rent, and recover rent, to make contracts, and resume the possession of disposable land on the right so to do accruing under any contract. The following are the terms of the 29th section, prohibiting private persons from acquiring land from the natives, save as provided by this Act. No person shall by himself or his agent purchase, or acquire, or contract, or agree to purchase, or acquire from any owner except a person becoming the owner under section twenty-two (vide supra,), any land, or any estate, or interest therein ; any person so doing shall be liable to imprisonment for not less than three or more than twelve months, or a penalty of not less than £20 or more than £500 ; and the estate in any land the subject of any such prohibited dealing, which shall become vested in any such person by reason of any such dealing, shall be forfeited by the Crown. NATIVE LAND COURT BILL. This Bill contains 127 clauses. The Court is to consist of Judges and assessors to be appointed by the Governors. The present Judges are to continue in office. In rehearings, two or more Judges, and one or more assessors shall form the Court. In other cases, the powers of the Court may be exercised by a Judge. It gives power to valuers to enter upon the land, direct surveys, &c. It gives power to decide upon the obliga. tions of lessors and lessees to determine the succession. Clause 60 provides, " It shall be the duty of the Court, by what it may decree the best ways and means, and without reference to legal formalities, to decide the various matters submitted to its jurisdiction." It may order hotels to be closed uuder clause 118, which is as follows:— " When a Judge shall find that the selling of spirituous or fermented liquors to natives by any person holding a publican's license is interfering with the business of the Court then being held, such Judge may issue an order under his hand directing that such persons shall not sell any such liquors or permit the same to be sold in his licensed house during the then sitting of the Court, or during a specified period, to any native. Any such order may be revoked and given again from time to time." Clause 119 provides "that any person disobeying such order after the same shall have been served upon him, or delivered at his licensed house, may be summoned before the Court, and, on conviction, fined in any

sum not leas than £10, nor more than £50 for each offence, and the said conviction shall be endorsed on his license." Tho following Acts are repealed by this Act(l) The Maori Funds Investment Act, ISGo ; (2) the Maori Real Estate Management Act, 1567 ; (3) the Maori Real Estate Management Act Amendment Act. 1877 ; (4) the Native Lands Act, 1873; (5) the Native Grantees Act, 1873 ; (6) the Natives Lands Acts Amendment Act, 1874; (7) The Native Lands Act Amendment Act, 1877 ; (8) the Natives Lands Act, 1573, Amendment Act, 1878; (9) the Native Lands Act Amendment Act. 1878, No. 2 ; (10) the Native Lands Act, 1880; (11) the Taonui Ahuaturanga Land Act, 1SS0; (12) the Native Lands Act Amendment Act, 1881, except the last three clauses; (13) the Native Lands Act Amendment Act, 1882 ; (14) the Native Land Division Act, 1882; (15) the Native Land Laws Amendment Act, 1883. ________