COMMISSIONERS’ REPORTS

New Zealand Mail, Issue 1847, 31 July 1907, Page 41

COMMISSIONERS’ REPORTS

RECOMMENDATIONS TO PARLIAMENT. -x CROWN PURCHASES SHOULD CEASE. PRIVATE ALIENATION CONDEMNED. A number of interim reports of the Native Land Commission were laid on the table of the House of Representatives on Friday. In the general report, dated July 11th, the Commissioners (Sir Robert Stout. Chief Justice, and Mr A. T. Ngata, M.H.R.), submit the following recommendations, falling under two heads (general and specific): ‘GENERAL.. 1. That the nurchase of native lands by the Crown under the present system be discontinued. Pending dealings to be completed through the Maori Land Board of each district, after due inquiry as to the wishes of the non-sellers in the different blocks affected, and with due regard to the location and accessibility of the Crown interests, three-fourths of pur-chase-money to be paid to Public Trustee to hold in trust for the owners, to be invested for their benefit, or used for the imnrovemeot of tlmir lands. Balance to be naid to owners. . 2. That alienation by direct negotiation between the owners and private individuals be prohibited. Pending dealings:—(a) Sales having been nermitted by Order-in-Council. time should be given for completion of signatures and, compliance with formalities. (b) Leases:

(i) In order to mee't the difficulties raised by the presence of minors in the title, and seeing that Parliament last year intended, as we think, to empower the trustees of minors to lease to the full extent allowed as in the case of adult interests, and it having been represented to us that the Maori owners are anxious and willing that the leases should be validated, and that large sums of money have been expended by lessees in improvements and in obtaining leases, such leases shall be validated as good up to twenty-one years, and for a further term of twenty-one years if the Board is satisfied as to the rental for the extended term and that 6ucb extension will not injure the Maori infants.

(if) Other leases: Within two months of the passing of an Act giving effect to tliese recommendations application to be made to the Board for permission to complete, and Board may grant siich permission and fix a time within which leases may be completed. At end of 6uch time, if not complete, interests of non-lessors to be partitioned. 3. Further alienations only throng'll the Board as agent for the owners, or, in the case of lands vested in it, as registered owner of such lands. Powers of Board: (a) May sell land or part thereof—(i) If owners so desire, after due inquiry aft to their wishes. ii) In order to raise money for the pttrnose of roading. surveying, opening land for settlement, or to discharge liens and encumbrances. (iii) In order to raise money to enable owners to farm, or for purchase of lands for them. (iv) To the Grown for the purpose of State forest reserves, reserves, parks, otc* (b) May lease, and may.set aside, out of areas to bs leased to general public, sections to be leased . to Maoris other than the owners.

(c) May borrow money on the security of land or revenue for purposes indicated in clause 3. (d) May make reserves for burial places. Provisoes : All sales and leases to be by. auction to the highest bidder, subject to the following limitations : (i) No person may acquire land, either by purchase or lease, if unimproved value thereof, together with unimproved value of land he already owns or holds under' any tenure, exceeds .£3OOO.

(ii) No sublease or transfer without consent of Board,, wbc shall require sublessee or transferee to make declaration as in case (i). (e) Three-fourths of the net proceeds of sales to be paid to . Public Trustee for investment. 4. Maori settlement: As to lands set apart for Maori occupation and farming. ' Powers of Board: —

(a) Reserve burial-places. (b) Set aside village-sites and issue occupation licenses to defined areas therein to native owners, so as to secure good government in the kaingas. (c) Set aside papakaingas for individuals, families, or tribes. (d) Set aside blocks or pafts of blocks as communal farms under the management of competent farmers, and to form the nucleus of farming communities. (e) Grant leases to Maori tenants specified by the owners for such terms as it may think fit, or issue certificates of partnership to members of families wishing to farm their subdivisions, or declare° the owners of any land incorporated, in order that the land may be farmed under a committee elected by the owners. ... . . if) Leases may contain provision--Yi) Exempting lessee from payment of rent for term not exceeding tour years.

(ii) Requiring a percentage of improvements to be effected each year, and compelling residence and effective occupation within a prescribed time. (iii) For forfeiture of lease, saving value of improvements, and offer of land to other ownersI—failing 1 —failing them, to general public. (g) Raise money on security of land or revenue for purpose of advancing to Maori owners farming, or may out of proceeds of any sale form a fund for the purpose. Regulations as to terms, interests, etc. 5. Boards to have special powers as to timber, flax, minerals, grant of prospecting right©, etc. G. To obviate delay and expense in disposal of areas for settlement, Board mav offer lands after rough survey indicating allotment. Arterial roads may be laid out and formed where absolutely necessary before selection, the cost of roading and survey to be loaded on sections. 7. Boards to be constituted a© at present; but the presidents should be drawn from men experienced in the cutting-up and letting of lands, and should be Government officers paid by the Government. Travelling allowances of president and allowances to members to be a charge on revenue from land, and each Board to have competent accountant as clerk and receiver.

8. Governor in Council may except lands from operation of above proposals, on condition that land so excepted be ©old or leased at auction. Exception may be made' in favour of owner, who, in the opinion of the Governor in Council, on recommendation of Board, is able to manage his own affairs. Return of such exemptions to be laid on table of House within fourteen days of commencement of session. 9. Jurisdiction of Native Land Court limited as to land administered by the Board in matter of partitions, but not in regard to succession, testamentary disposition, ascertainment of owners or beneficiaries, and adjustment of disputed tribal boundaries. Court may partition on application of Board. 10. The law* requires amendment to permit of exchanges on a large scale, so a.s to secure the consolidation of individual and family holdings. The Commissioners have not yet gone fully into the procedure and judicial functions of the Native Land Court, but they are strongly of opinion that the statutes should be codified and the law embodied in one Act. There. Js also urgent necessity for the codification of native customs.

The Commissioners urge the necessity for expedition in the survey of native lands, there being a vast amount of work pending before titles can be put on the register.

The specific recommendations occur under their separate heads’. The Commission asks that for the more effective carrying out of its work it be invested with statutory powers, as follows :

(a) On notification in the “Gazette” and “Kahili” that the Commission will inquire into any block or blocks, all dealings therewith shall be suspended until such time as the Commission thinks fit.

(o) The specific recommendations of the Commission to have the effect of law, unless within thirty days of report being laid before Parliament a resolution to the contrary is passed by either House.