THE LITTLE BARRIER CASE.

New Zealand Herald, Volume XXXIII, Issue 10034, 22 January 1896, Page 4

THE LITTLE BARRIER CASE.

If it had been known when it was first proposed to secure the Little Barrier Island as a place for the preservation of native birds and animals, that it would have been the cause of so much trouble and expenditure, the Government would never have undertaken the job of trying to secure it, and even those taking the greatest interest in the subject would never have pressed it upon them. The island has almost no level land upon it, it is covered with the roughest of bush, and it is only now and then that a landing can be made with anything like safety. One would have thought that in these circumstances there would have been little dispute amongst the natives as to ownership, and that when that was settled there would have boen 110 difficulty in purchasing at a very small price. But everything went wrong. Two tribes of natives litigated keenly on the matter, and the Native Lands Court gave luout half-a-dozen different decisions, there being appeals and counter appeals. When at length the title, was settled in favour of Tenetain and party, it was found that the successful litigants had spent £1000 in the contest, a sum greatly exceeding the value of the island. Tenetahi states that lie had found the money for the litigation, and when he was asked if he would sell he reluctantly agreed to take £3000, on the distinct condition that the purchase was to be so carried out that he should have an opportunity of stopping from the other natives interested their shares of the cost of of obtaining the title. It is said that after an agreement to this effect had been entered into, a Government officer induced one of the owners to apply to the Court for a definition of interests, and at the hearing Tenetahi was awarded a tenth, his wife a thirtieth, and each of his two children a thirtieth. He had 110 notice of the Court, and lie contends that the division was most grossly unfair. If we might give an opinion on such a subject, we should say that it was. He could not apply for a re-hearing, because ho was drained of money. As the agreement he had entered into had not been carried out, he determined not to sell. A committee of the House of Representatives who sat on the subject in 1893, reported that Tenetahi should have the opportunity of obtaining a new partition of the island. The Government took no notice of this, but in 1394 passed a measure of a somewhat extraordinary character. The money coming to Tenetahi and his wife and children under the division of the island, which he contends was unjust, was to be paid to the Public Trustee, who was \thereupon empowered to give to the Government a complete conveyance. Tenetahi's land transfer title was to be cancelled, and the land was to belong to the Crown. Communication with the Little Barrier is not very freauent, and it was not till the Bill so vitally affecting his interests was about to become law that Tenetahi heard that such a thing was in contemplation. He immediately instructed counsel to appear before the House in his interest, but Ministers would not consent that he should be heard, and the Bill passed. As our readers are aware, proceedings were taken against Tenetahi for being illegally in occupation, and he was ordered by the Resident Magistrate to clear off the place by tke.lQtli of Da.

camber. TcnetaM intimated. th eD . "We shall submit to the eviction tT bailiffs will find us at homeon the mi ? December." Tenetahi said he void a? peal to he Queen for justice, but never threatened or contemplated fa cible resistance. v a for "

The whole affair has been a m i nr tune and a bungle. Tenetahi has, l been the only unfortunate el em ° the Government occupied the hi", with a ranger, whoso duty it was toj after the preservation of the birds ?., statements were made in Auckland that extensive destruction was W i,! on, notwithstanding the precautions and lately we heard from London tint one of the Rothschilds, who has », extensive collection of rare, birds ]J received a large consignment of a 'v ftr , remarkable form which now survive only on the Little Barrier, if indeed th industrious collectors have left an l there, for the consignment sent tc London was sufficient to furnish sped. mens to all the principal Museum* in Europe. The island is now much ],„ valuable for its purpose than it, ,v as Tenetahi undoubtedly deserves con siderable sympathy. He spent a Urge amount of money to maintain his title and this was owing to the bungling ol the Native Lands Court.

And wo do not feel disposed to blame the Government. The purchase of t| l( i island, for the special purpose of pi-,,. i tecting those native birds which have disappeared from the mainland, and which all men of science are anxious should be preserved, was urged upon Ministers by Lord Onslow, »vhc was then Governor, by the whole people of the colony, and also by those in Europe who take an interest it natural science. The knot could not he untied, and they had to cut it by an Act of Parliament, which is always a very dangerous process. We do not know that the matter is closed now by the deportation of Tenetahi and his wife. We would counsel a peaceful settlement by arbitration rather than that there should be war. We venture to say that the measures taken by the Government in regard to Tenetahi would be contemplated by astonishment by lawyers in England if Tenetahi were to get his case to that Court of Appeal. _ But, on the other hand, if Tenetahi looks at the matter in a practical light, and as a man of common sense, he will be open to come to soma kind of compromise. In any case, the island will have cost much more than it is worth. The public of New Zealand will have paid dearly for their whistle, But it is not the first time the Government has made a dear bargain.