THE NATIVE LAND BILLS.

New Zealand Mail, Issue 914, 6 September 1889, Page 30

THE NATIVE LAND BILLS.

As there is nothing in New Zealand upon which so much diversity of opinion exists as Native land affairs, and as the Bills now before Parliament are exciting a good deal of controversy, we give a view of the question in the following sensible article taken from the New Zealand Herald: — “A large area of land has come into possession of European holders by purchase from the native owners under the many Acts passed by the Legislature establishing Native Land Courts and regulating their procedure. These Acts are exceedingly complicated, and technical errors are very apt to be made at some stage of the proceedings. We may cite as an instance of what may happen to a purchaser of native land, the Pukekura case, in which the, purchaser had obtained a Crown grant, which he imagined to be indefeasible, but which he found he had to defend in action after action, while on his part there had been no fault or omission whatever. “ In a telegram in yesterday’s paper it was stated:—‘There is likely to be considerable opposition to clause 15 of the Native Land Court Bill, which validates transfers, leases, &c., relating to past transactions, if they are endorsed by a Trust Commissioner.’ It would be a great pity if the Native Land Court Acts Amendment Bill, which has been drawn by Sir Frederick Whitaker, should be put an end to by the House, as we believe it is an honest attempt to remove the difficulties that have arisen in obtaining a good title to land fairly purchased from the Natives in the East Coast district—difficulties that ~ have arisen through the imperfect wording of Acts in existence and the faulty proceedings of the Courts. The first clauses of the Bill enable _ the G overnor to appoint an ‘ ‘ Administrative whose, duty it shall be co fix the time and place of the sittings of the Court, subject to the approval o the Chief Judge, and to conduct the general administiative business of the Court. At present this work seems to be performed by the Under-Secretary of Native Affairs, but that officer has no official status. The Governor is also empowered to appoint a deputy of the Chief Judge or the Administrative Officer. Certain amendments are then made in the Native Land Court Act of 1886, so as to enable business to be better carried on. The 7th clause enables the Chief Judge, when sitting in open Court, to amend errors and omissions. He must do this with the concurrence of a Native assessor. Section 8 amends the provisions formerly in force as regards surety for surveyors’ charges. All the provisions down to the 15th section are simply to make law what experience has shown to be necessary. The 15tli section declares that deeds‘executed before the Ist July, 1887, alienating undivided shares in land shall, if endorsed by the Trust Commissioner, be deemed to be valid and effectual conveyances. This provision has, we believe, been found necessary owing to decisions of the Courts, which have found that certain conveyances made in good faith on both sides are invalid, and that certain Natives who conveyed land and received the consideration, had not the legal right to do so. It is provided by the section that no transaction which has been declared" invalid by the Supreme Court or the Court of Appeal, shall be validated* by this Bill. Section 16 removes restrictions on alienation imposed before the 30th of August, 1888, provided that the Governor has made an order to that effect. The 17th section is important, inasmuch as it gives power to the Chief Judge*of the Native Land Court to inquire, in Court, and with an assessor, into any error or omission alleged to have been made in any decision or order of the Court and to rectify any error or omission he may find. Hitherto, , when it has been alleged that any Judge of the Native Land Court, who may not be a lawyer, and who may not hold his Court at a place where he cannot obtain advice, or may not be able to consult suthorities, the usual course has been for the person complaining to attack the European who has purchased the land, and who is not in any way to blame, and to drag him through all the courts in the country, with the result, perhaps, that the title is declared bad. ‘ ‘ The Land Transfer Act, 1885, Amendment Bill is a measure , of somewhat similar nature to the above, -and enables proprietors who may be deprived of land to'claim upon the assurance fund of the Land Transfer Act for compensation except in case of fraud, or of a person claiming under a forged instrument. The Supreme Court may ordejr registration, although the requirements of the Land Transfer Act may not have been complied with in certain particulars, if the Court shall be satisfied that effect ought in justice and equity to be given to such instrument by registration. Several of the provisions in both of tlie above-mentioned Bills are of a technical legal character, and can scarcely be understood except after full explanation. cf the singular cases that have arisen, and which these Bills are mainly directed to prevent. To some extent both Bills deal with cases which have already arisen, and there is always a natural objection to such legislation. But careful provision has been made that no injustice shall he done to any party, and W© are convinced that

unless these Bills become law, grave injustice will be suffered by many persons who have entered into transactions in good faith, and have expended large capital in purchasing land which they are desirous of bringing into cultivation. One of the means of progress in this Colony is the purchase of Native land by capitalists from England or Australia, who buy with the intention of embarking in agricultural or pastoral pursuits. But that has been put an end to by the fact that every buyer has before him a troublesome, prolonged, and annoying course of negotiations, with the risk that through some mistake of a Native Land Court J udge he may have his title assailed, even after he has obtained a Crown grant. These Bills provide a means of settling certain titles that have been completed in good faith, but respecting which doubts have arisen. These Bills will also simplify the process of obtaining a title through the Native Land Court. They will therefore be of material assistance throughout the whole of the North Island in forwardiug settlement and tlie investment of capital. ”