NATIVE LANDS LEGISLATION.

New Zealand Herald, Volume XXV, Issue 9017, 2 April 1888, Page 5

NATIVE LANDS LEGISLATION.

At Gisborne, during the visit of the Native A! inister ' a representative deputation waited on him, headed by, Mr. E. Locke, formerly member for the district, in reference to the proposed legislation in regard to native lands. The deputation, of whom Mr. Locke was spokesman, presented the fol* fowing memorandum, which set forth the views of the settlers of Gisborne as to the direction native lands legislation should take in the interests of the district—

The attention of the Native Minister be drawn to the great trouble and difficulties under which this district, especially, is suffering from the unfairness of the working of the Native Lands Acts, both to the natives and Europeans. The absolute necessity for immediate alteration and improvement be made nest session, and we pray the present Ministry, to whom wo havo great confidence, should deal with the question as a Government measure, and we feel certain if they do, our district would materially progress ; and such an Act will strengthen the Government's position. We beg particularly to draw your attention to the following special points Repeal of Administration Act, 1880, ' a"? being unworkable, objectionable, and unfair to both races, and has been held to apply to cases which the Legislature never contemplated. To substitute an Act to allow free trade in native lands after ample reserves made, establishment of local registries, giving every facility for transferring and leasing by native owners. Any native to have power to sell or lease his interest in' the block, and the purchaser or lessee to be entitled to partition. Provision to be made to alleviate the hardship occasioned by leases and sales being set aside by reason of incompleteness or irregularity only; provision also to be made to enable Europeans to complete their titles where an equitable right to do so exists. The Court to have absolute power to deal with all incomplete transactions between natives and Europeans, and deal with the same according to equity and good conscience. Native land which is not inalienable to bo subject to the bankruptcy law. That as native owners reap the benefit conferred by the construction of roads and bridges through their lands they should be rated, and such rate should be made a charge upon their land. . That the stamp law should bo amended, and native duty should not be payable by a European purchaser or lessee until completion of his title, and that such duty should only be assessed and payable on the stipulated pries, or rent fixed in the conveyance or lease, and that' the duty should riot be capitalised on native leases, and that it is unequitable that the Commissioner of Stamps should have the sole arbitrary right to levy any other than fixed duty, and that some provision | should be made whereby to enable persons who have bona fide leased and purchased heretofore, and now find their titles defective, to obtain a refund of all duties paid, and that all duties and fines on incomplete transactions should be remitted. That the legitimate descendants of half-castes married to Europeans should be entitled to succeed to the interest of their deceased Maori parents in like manner as if both parents had: been Maoris or half-castes. That survey liens should be retrospective with the consent of the Court. ■ The Court to appoint trustees for minors or owners under disability, with power to sell with the consent of a judge of the Court. Private roads under sections 91 and 92 of Native Lands Act, 1886, to be public roads* Assessors' roll to be purged, retaining or appointing men of known probity, and good knowledge of native custom and usage. A resident judge to be appointed, with - powers as trust commissioner. Some distinct line of policy should be given to judges for line of partition and power of partition of the fullest. Absolute necessity for fixed time, beyond which no rehearing allowed, as great injustice suffered through repeated rehearings being allowed. The power of partition seems ample under Native Lands Act, lS»3;«the difficulty seems to be to get judges to exercise the power. Judges not to hare power to make land inalienable. The Crown having purchased in this" country very large areas of land from the original native owners, which land now lies idle and unproductive, it is submitted that the same be forthwith surveyed and advertised for sale or lease in larj;e areas in terms to suit settlers. The areas of such lands to be as nearly as possible adapted in valuation as to quality of soil and natural features as may be found feasible for the purposes of settlement; by which means native land contiguous thereto will be enhanced in value and settlement advanced.. These lands are bringing in no revenue, and are not adapted for other than pastoral purposes, and will require large capital to improve nd render productive, it being submitted by throwing these lands open the country will benefit by increased custom duties more than will repay the loss of the land. That we consider the Native Land Act, 1886, our suggestions and parts of Mr. J. Macka/s proposed Act would meet most of our difficulties; that other than necessary reserves, there are large areas made inalienable, which were so made without the consent of the majority of the owners, and upon which the restriction should be removed, as at present this land is next to useless to the natives, and cannot be utilised by Europeans ; that, as the costs of maintenance of Native Land Courts is provided for by the ton per cent, native duties, we think the fees charged in Court excessive, and forming a very heavy burden on the natives one or more natives up to ten holding land as tenants in common and defined interest, on j payment of ten per cent native duty, to have title same as Europeans, Trust Commissioners' to make enquiries on dealings, but no such enquiry shall be necessary if land as above purchased from the Crown or Europeans is owned by halfcastes who are certified by any Judge or R.M. as having a good knowledge of the English language.