SETTLEMENT OF NATIVE LANDS.

New Zealand Herald, Volume XXX, Issue 9270, 4 August 1893, Page 6

SETTLEMENT OF NATIVE LANDS.

AN IMPORTANT MEASURE.

[by telegraph.—special correspondent.] Wellington, Thursday. The lucid and comprehensive description which the Hon. Mr. Carroll gave to me early in the session of the proposed legislation of the Government upon the native and native land questions, and which I fully reported at the time, is now formulated in the last and most important Bill of the series. This is the measure that was alluded to in the interview* as the major Bill, and the scope and importance of its general provisions I then described. As now settled it is intituled the Native Land 1 Purchase and Land Acquisition Act of 1893, and sets out in its preamble that it is designed for the purpose of facilitating the acquisition of the surplus lands of the natives for settlement purposes. The Bill provides for the appointment of a Board of Administration which will consist of five persons, of whom three shall be Europeans and two Maoris. Lands as required will be described by proclama tion, whereupon the Governor-in-Council will bo vested with authority to acquire lands for hereditaments within the areas so proclaimed, which covers native lands under any class of title, original or otherwise. When it is made plain that any land within a proclaimed area is required for settlement tho Boards will report as to its character, suitability, and value. Provision is made for the appointment of three impartial persons as valuers, and their valuation, or that of any two of them, shall be deemed to be the value of tho land as fixed by the Board. The report of the Board being approved the Governor-in-Council will require the owners of the land to decide within not less than six months from the publication of a notice in the Kahiti (Gazette) either to sell to the Government at the valuation determined or consent that the lands may be occupied under the provisions of the Land Act of IS!)'J. The decision of the native owners will be made binding irrespective of legal disobility, if made by a majority in value where individual interest has been ascertained, and where otherwise then by a majority of the owners of the land. If the owners elect to sell, the Governor-in-Council may declare the land vested in the Crown, freed from all encumbrances, and subject to certain trusts, in the interests of the native owners and their heirs. It may be disposed of under tho Land Act of 1892. If the owners elect to lease, tho Board will take a valuation of sufficient land to cover cost of survey, and for necessary roads, and such areas shall be deducted from tho area vested in the Crown, which may 'hen be leased under the Land Act of 1892, in the same manner as Crown lands. The rates and taxes will be defrayed by the tenants, and the net rent and income payable to the native owners shall not be subject to tho Land and Income Tax of 1891.

The above provisions apply to native lands hold by hereditary title. In the case of native lands otherwise held, the Crown will direct the Native Court to ascertain the title thereto, when the provisions of the Act will similarly apply, the native owners being required to pay the costs and charges of inquiry. No land is to be acquired under the Act on which a ja, native village, or native cultivation exists, but land sown with grass will not be deemed native cultivation. Provision is made for reservation by the Crown of sufficient land for the maintenance of the natives, and the value of such land will be deducted from the purchase money, or the Governor may, in lieu thereof, reserve a sufficient area of Crown lands. A sufficient area for each individual is deemed to be '25 acres of firstclass land, or 50 acres of second-class land, or 100 acres of pastoral land. Lands thus reserved may be vested in the natives concerned, subject to restrictions, or may be vested in any corporate body having by law the duty of administering native reserves for the benefit of the natives entitled. For any period during which lands reserved for settlement remain unoccupied, the native owners shall be entitled to interest at 4 per cant, on the value of the land, and such charge shall bo recoverable from out. the rents of the land, when let, or from out the purchase money, if sold. As to the proceeds of the capital sums paid for the land, the Governor may direct that a sum not exceeding one half may be paid to the Public Trustee, to be held and applied both as to capital and income in the interest of the vendors, a? tho Governor may direct. The Native Land Courts, on being required to do so, will decide the relative rights of the persons entitled. .Money payable to persons under disability will be paid to the Public Trustee, who will deal with it in their interest. For the purposes of the Acta native over seventeen years shall be deemed to be of full age. The consent of any person not being a native shall not be necessary to the validity of an election, but such person shall bo entitled to be paid the value of his interest, and in case of a difference a« to the value the question will be settled by a judge of the Supreme Court. If any person refuses to receive the money payable to him, or makes no application for payment thereof within 12 months, or if the person entitled is unknown or absent from the colony, such money may be paid to the Public Trusteo, who may invest it. Such money or any income arising therefrom may paid to any person whom a judge of the Native hand Court may decide to be entitled.

The Government take the right before all other parsons to purchase any native land or hereditaments outside any proclaimed area, and if the native owners of such land desire to sell or lease it they shall oiler the same to the Board, stating the amount per acre required for such land in fee simple, or the annual rental per acre, and if tho Board declines to accept the offer tho native owners may, with the consent of the Board, dispo"e of the land so offered for sale or lease to any person whomsoever. If any offer of the land is accepted by the Board, all the provisions of the Act shall apply to tho land comprised in such offer, as if the land was situated within a proclaimed area.