MAORIS AND LAW

New Zealand Herald, Volume 81, Issue 25030, 21 October 1944, Page 10

MAORIS AND LAW

SPECIAL LEGISLATION RIGHTS AND RESTRICTIONS Allegations that a colour line is drawn in some circumstances between pakeha and Maori give a certain interest to the question of what discrimination there is between the two races under New Zealand statute law. As n matter of fact Maoris have practically no legal disabilities, and where their freedom of action is restricted in ways that do not affect the pakeha it is always beneficially, as leaders of the race readily admit. To balance such restrictions there are various advantages conferred on Maoris by the law at considerable cost to the pakeha taxpayer. The general law relating to natives and native land is contained in the Native Land Act, 19;}], a monumental statute of 068 sections. The subject is vast and completely bewildering to everybody except those directly concerned. Broadly speaking, the purpose of the Act, with its machinery of Courts and land boards, is to safeguard the interests of Maoris in their land and to enable it to be utilised to their best advantage, in native occupation or otherwise. The same is true of the Native Trustee Act, Native Purposes Act, Native Housing Act and a good deal of other legislation.

While it is no longer true that a native may contract himself out of the Native Land Act altogether by having himself declared a F>uropean by Order-in-Council there is machinery whereby he can have native freehold land owned by him declared to be European land and so freed from the special restrictions affecting it. The Act, also deals with other matters of importance in the life of a Maori, such as marriage, adoption of children, trusteeship, wills and intestacy. Right to Fine Europeans A marriage between Maoris may be performed in conformity with the Marriage Act, but it is also valid if performed in the presence of a registered officiating minister without the normal legal formalities, provided the parties are within the permitted degrees of relationship. This is a survival of the old English "common law marriage." In addition, marriage by Maori custom is valid for succession to land. A section of the Native Land Act invalidates instruments executed under the Chattels Transfer Act by natives residing in the North Island unless the documents are attested by a solicitor, justice of the peace or person holding one of various other positions. The Maori Councils Act. 1901, and its amendments give a large measure of local self-government to Maoris in their own districts. The are even empowered to inflict fines on Europeans for breaches of certain of their by-laws, such as those relating to liquor, gambling and the hawking of goods. There is a right of appeal to a magistrate, however.

Electoral Rights At Parliamentary elections Maoris other than half-castes are allowed to vote only for their own representatives, four in number. Half-castes may vote as Maoris or Europeans, but not in both capacities. Formerly the deputy-returning officer marked a Maori's voting paper according to his instructions, but now the voter does the marking himself. In regard to liquor, there are some special restrictions affecting natives. It is an offence to introduce liquor into a native village or kainga, or to supply liquor to any Maori woman unless she is the wife of a non-Maori. Selling of liquor in the King Country lias been prohibited since the days when practically no Europeans lived there. Maori Juries Maoris are exempt from ordinary jury service, but there is a little-known provision in the law whereby a Maori charged with a criminal offence against another Maori can demand that _ a Maori jury be empanelled to try him. The saine* right applies in a civil jurv action between Maoris, and if a Maori has a civil jury action with a pakeha lie may demand a jury composed of Maoris and Iviropeans in equal numbers. These rights'do not seem to have been exercised for many years. I hey provide a foundation for the old legend that a Maori jury once returned a verdict against a native of "very nearly guilty." Other legislation of some interest is that reserving certain fishing rights to Maoris in the thermal regions. There is also provision for reserving shellfish beds ana sea fishing grounds for .Maoris living in the vicinity. The Tohunga Suppression Act. passed originally in 1907, has a preamble couched in quaint language, but it has not been utilised for a long time. The Conscription Issue

The most important discrimination between Maori mid pakeha in recent years is that which exempts .Maoris from conscription for the armed forces. The National Service Emergency Regulations in 1010 constituted a General Reserve of persons over the age of 1">. and in June of that year the reserve was divided by n Ministerial order into three division's, the first two comprising men of military age (19 to 45). In August nn amended order was issued, excluding ' Maoris from both these divisions, and the exemption has remained ever since. The Maori Battalion overseas has alwavs been on a voluntary basis, and no Maoris were called up in the genera] mobilisation of 1942 against a possible Japanese invasion except those who were voluntary members of the Territorial Force. When a regulation was issued in June. 101°. making all members of the armed forces liable for service overseas. Maoris were exempted unless they volunteered for such service. Numbers of Maoris served in the Home Guard, which was not part of the armed forces. It was provided bv regulation in IHI2 that no Home Guardsman, as such, should be transferred to the armed forces without his consent. EUROPE AFTER THE WAR POLICY OF SMALL NATIONS Five years ago the European continent was dominated by three Powers —Germany, Italy and France—with Russia and Britain hovering on the outskirts, says a writer in the Saturday Evening Rost. Now, as a result of this war, two of these European Powers have been crushed and Germany inexorably rides toward defeatIt may take generations for them to recover. The smaller countries of Europe, too, are less disposed to insist upon absolute independence than they wore before the war. Their experiences have created a disposition to attach themselves firmly to some great Power which can assure them protection against aggression. And many of them are selecting Britain as their best bet. HORSESHOE CASTLE The historic castle of Oakham. Rutland, which contains the collection of horseshoes given in accordance with ancient custom by monarchs and peers passing through the town, has been presented to the County of Rutland by the owner. Captain Hanbury. In former days every peer who entered the town was stopped by the authorities and a shoe was taken from the horse's hoof to be hung in the castle. In later times, however, people who came in cars brought specially made golden shoes. Among the shoes is one from Queen Victoria. The castle was founded in the reign of Henry 11.