NATIVE LAND LAW REFORM.

New Zealand Herald, Volume XXX, Issue 9111, 31 January 1893, Page 3

NATIVE LAND LAW REFORM.

TO THE EDITOR. 1 Sib,—Mr. Rees having, with his usual activity and energy, at " last succeeded . in arousing public opinion as to the urgent necessity of enacting such laws as will enable Maori lands to be dealt with for the mutual benefit of Europeans and natives, I venture to make a few suggestions which I hope may be of benefit to the committee and the general public. I read with great pleasure the article contributed by '■' A Correspondent," in your issue of the 3rd instant, and can only express regret that he has not promulgated a scheme for dealing with s native lands, because from his communication it is apparent that he has a thorough knowledge of the subject. He objects to Dr. Pollen's proposed plan of taxation; so do I, because it would be found to be unworkable. Your correspondent has, apparently, not examined the details of my proposals, or he would not have come to the conclusion that they and those of Messrs. Rees and Cheal are pretty nearly one and the same. As regards the statement that there is only about twentieth of the lands now held by the natives to be adjudicated on by the Native Lands Court, and that, consequently, it would be injudicious to set aside or interfere with work which has already been accomplished by the Native : Land Court in the matter of determining titles to the other nineteen-twentieths, 1: quite agree with your t correspondent, and, in doing so, have to state that it is many years since I first promulgated my plana for dealing with native lands, including the abolition of Native Land Courts, and the substitution of Commifisionf.ra for Judges. ,- Under the pre*

sent circumstances,' that portion of my sag* festions may be withdrawn, unless it might e found to be advantageous to bring the* into operation in the Urewera country, for which district being one untouched by i'ae Native Lands Court, and inhabited by a rude and uncultivated section of the Maori race, they might be more suitable! from their simplicity and adaptability to native ideas, than the more formal proceedings of the Native Lands Court. Messrs. Rees, Cheal, and myself apparently agree on two points, that is—Firstly, that it is necessary to seeure, and finally set aside permanent reserves for the use and occupation of the Maori people; and secondly, that it is at present impossible to purchase the surplus lands of the natives, owing to the large number of names of owners which have been inserted in the instruments of title made by the Court under the provisions of the present Native Lands Acts, and that it is desirable that some measure should be enacted by Parliament to overcome this great difficulty.

I now wish to point out the very material difference which exists between my proposed method of dealing with the two above questions and that which has emanated from Mr. Rees. That gentleman proposes that the Natives shall elect committees from among themselves which shall have power to deal with their respective holdings. He, however, apparently leaves it optional with the Natives whether they elect such committees or not. Any person who is acquainted with Maori habits and their procrastinating proclivities, will not fail to see that very iittle will be accomplished under this system. I have before stated that the canoe as constructed by Mr. Rees is well enough, only that it has no figure-head. What my meaning is, lis that it requires an intelligent European, conversant with Native title and customs, to be placed in charge of each large Native district, to (in conjunction with the j Natives) arrange all questions about reserves and disposable lands.

My proposal is—

Ist. To divide the Northern Island of New Zealand into convenient native land title districts, and to appoint a commissioner to take charge of each. 2nd. That a law nhould be enacted ousting the further jurisdiction of the Native Land Court, over lands the title to which has been adjudicated and determined on by that body. 3rd." That such law should order that, lor the wellbeing of both Europeans and natives, that all native land questions must be dealt with forthwith by the commissioner and the ascertained owners.

4th. That in each block the commissioner cause the native owners (where more than seven in number) to elect seven persons to act as a committee or trustees on behalf of their co-owners.

sth. That the committee or trustees so appointed shall in conjunction with the commissioner, forthwith ascertain and set apart a sufficient area of land in each block (where necessary) for the permanent use of the natives beneficially entitled thereto. Such reserves to be absolutely inalienable by sale, lease, or mortgage. And the names of the whole of the owners as previously ascertained by the Native Lands Court to be inserted in the Crown Grants for such reserves. 6th. That the surplus or "disposable lands," shall be granted to the same natives as were entitled to the reserves, but that a proviso should be added that the seven persons who had been elected to act as trustees or as a committee, should have power, subject to the consent of the commissioner, to sell or lease the disposable lands (mortgaging to be illegal). 7th. That every document of sale or lease should be executed by the trustees or com« mittee in the presence of the commissioner, and the purchase money or rent, as the case might be, should be paid to the commissioner by the purchaser or lessee, to be by him lodged in a Native Land Purchase Account in a bank to be approved by the Government.

Bth. That the European purchaser or lessee should be empowered to forthwith enter into possession of the land so sold or leased to him.' The title to hold good as from the date endorsed on the instrument of tide under the hand and seal of the Commissioner.

9th. That, in order to secure to the natives owning the land so leased or sold the due distribution among them of the proceeds thereof, the moneys arising therefrom shall remain in the bank to the credit of the Native Land Purchase Trust Account until the trustees or committee have satisfied the Commissioner that they have arranged with the whole of the owners for the equitable division of the same. The Commissioner to then convene a meeting of the parties interested, and, in conjunction with the trustees or committee, to pay the money over to them.

With all deference to Mr. Rees' ability, I think that his plans are more theoretical than practical, his experience of native dealings with lands being principally confined to law cases arising out of defective titles. I do not wish to appear egotistical, but it is probably necessary, for the information of many of your readers, for me to state that I began to learn Maori customs and land tenure 48 years ago. In 1858 I entered the service of the Colonial Government as Assistant Native Secretary and Land Purchase Commissioner in the Middle Island, and that I subsequently held appointments as a judge of the Native Land Court, Judge of the Compensation Court for Confiscated Lands, Crown. Agent to conduct cases in those Courts, Civil Commissioner to settle disputes re land and other questions, and Government Land Purchase Agent; in addition to which I have been engaged in numerous purchases and leases on behalf of private persons. And I can look back with pleasure to having successfully transacted and completed all land questions which have been entrusted to me.

I am quite willing to assist in carrying out any plan for dealing with Native Lands which may be practicable, but am not at all inclined to take any trouble in any scheme which does not place the control of the wnole of the dealings for Native Lands under responsible European officials ; as, in my opinion, any other method will not work either to the satisfaction of the Maoris or the Europeans. —I am, etc., James Mackay. Auckland, January 30, 1893.