LEGISLATION ON NATIVE LANDS.

New Zealand Herald, Volume XXVII, Issue 8299, 4 July 1890, Page 6

LEGISLATION ON NATIVE LANDS.

As our readers are aware, Mr. Edwards, of Wellington, has been appointed as a special Commissioner to deal with the complications that in so many cases have gathered round the native lands. To show the extent of country affected, we may state that the average in Hawke's Bay, Waikato, East Coast, and Wairarapa, amounts to between 2,000,000 or 3,000,000 acres. All ; this land is kept back from settlement by |i entanglement of different kinds arising 1 from the condition of the law (winch has varied from time to time), and the negotiations that have been entered into by European purchasers and natives who are partowners. Mr. W. L. Rees sends us the , i following letter on the subject, with a copy of a letter which he has sent to the Native ' Minister. Mr. Rees says :—

Auckland, July 30,1899. Sir, The settlement of the many long-standing disputes • concerning titles to laud between natives and Europeans is of vital importance to this province and the colony. I beg therefore to send you copy of a letter addressed to the Native Minister, and request your assistance towards the amendment of the law therein suggested, as to the powers of the Native Land Commission.—l am, &c., W. L. Reus. June 2!), 1890. To the Honourable the Native Minister. Sir,—The Commission has closed its first sitting. Of the two cases which have come before it Tokomaru, W. A. C. Arthur's was ended by a certificate being passed under section 27, which it is understood will be attacked in the Supreme Court, while in Whangara we made an amicable arrangement which is attached to the report. A great number of other cases are waiting the result of these two. To carry out the Whangara agreement, which is confessedly most fair and equitable, legislation is necessary, but it is legislation of the same sort as I propose in regard to the Wairoa lands. A very large number of disputed titles could be settled by mutual concession. 1 think nearly all. But there is no tribunal which has power to give eflect to them when made. Besides this it frequently happens when a large number of natives are concerned, the majority are anxious for ajust arbitration wherein all the circumstances should be considered, but a few oppose any settlement whatever. This opposing minority is generally composed of those who either wish to be bought off at a big price or are being used by other parties for their own purposes. There are again cases in which a voluntary settlement is improbable, but which ought both in the interest of the parties and the public to be definitely concluded. In all these classes of actions the Court before which they come should have full power to make such orders as may appear proper and to give indefeasible titles. 1 venture to propose tho following clauses as amendments to the existing law :—l. In all cases brought before the Commission (including Whangara) where an agreement is arrived at between the several parties, or in cases of Maoris if a majority of at least two-thirds in number of the litigants shall agree to the settlement proposed, the Commission shall inquire into all the circumstances of the case, and if satisfied that the arrangement arrived at is fair and reasonable shall thereupon make an order approving the same, which order shall enforce such agreement and shall vest all property mentioned therein absolutely in the persons nr.med in such order, according to the true intent and meaning thereof. 2. Every such order shall be final and conclusive, for all intents and purposes, and shall have all the force and effect of a judgment of the Supreme Court. 3. In cases where no agreement is come to, or where the Commission is of opinion that the agreement is unjust or unfair, the Commission shall, after full inquiry into all the circumstances, make such order as it seems just and proper, which order shall be of equal force and effect in all respects to the order made under the last preceding section : but such order shall not lie issued until it has been approved by the Governor-in-Couneil, to whom the report of the Commission shall be directed. If this be done, I am bold to hope that the existing disputes will be gradually ended, and come to a satisfactory conclusion. Unless, however, you stop individual dealing with natives in the tribal lands, fresh troubles will continually arise.— am, &0., W. L. Kicks.