MAORI LANDS.

New Zealand Herald, Volume XXXVIII, Issue 11787, 17 October 1901, Page 6

MAORI LANDS.

AN AMENDING BILL. [by TELEGRAriI. special correspondent.] Wellington, Wednesday. The amendments which are to make workable the Maori Lands Administration Act of last session have beeq.. drafted into the form of a Bill, which has been circulated. The measure proposes to empower the Governor-in-Council to alter the boundaries of any district proclaimed under the principal Act. The clause in the Act of last year relating to alienation is to be repealed, and instead it is proposed that so soon as the Act comes into operation in a district, Maori land in that district- is not to be alienated by way of lease, either to the Crown or any other person, except with the consent of the Council, and in accordance with the provisions of the Act. In' the case of alienation by way of sale, where the land belongs to more than two owners, the consent of the Governor-in-Council must be first obtained. In the case of alienation, by way of sale, lease, or mortgage, where the land belongs to no more than two owners, the passing of the Act is not to have effect unless the land is transferred to the Council. In clause 24, by which the Governor may remove restrictions, it is proposed that the alienation shall be subject to the provisions of the Native Land Court Act, 1894, which provides, inter alia, that the dealing must not be contrary to equity and good conscience, and that the consideration for the land has been paid. In clause 25, regarding alienation, it is proposed that a certificate by a judge of the Native Land Court may be given in case no pupakainga certificate lias been issued. An inportant amendment is also proposed in section 26, empowering the Council to hold land ill trust, by which any Maori or Maoris, whether incorporated or otherwise, may not only transfer the same, but " any other land " by way of trust to the Council. In the original Act there was a proviso to this that in the case of unincorporated owners all the owners must execute the transfer. Now it is proposed that 10 must execute, or all the owners if less than 10. It is also proposed to give a considerably longer time for the completion of lawful private dealings under the amending Bill. Notice of such dealings may be given to the Council within two months after its first meeting (instead of after the coming into operation of the Act), and any such dealing may at any time, within 12 months from the* date of the first meeting of the Council (instead of after the coming into operation, of the Act) be completed with the Maori owner (instead of by the Council on behalf of the Maori owner); but it is further provided that the consent of the Council to the completion of such dealings must be first obtained. The first part of the definition of " Maori land" is to be repealed and substituted by " land which, though owned by a Maori, has been acquired in fee simple from the Crown, or from any person other than a Maori, and for any 'monetary consideration." In the Act of 1900 Maori land was defined as " land which, although owned by a native, has been acquired in fee simple by purchase from the Crown or European." In section 23, setting out the conditions under which a Maori may alienate land, it is proposed to provide that he may do so if he has issued to him a certificate of a judge of the Native Land Court that he is satisfied, after due inquiry, that the Maori alienating has sufficient other land for his maintenance and support, or for the purposes of a papakair.ga. Among a number of other machinery amendments is one providing that alienations shall be liable to native land stamp duty if commenced before the passing of the Act, or effected without the intervention of the Council.