EUROPEANISATION

New Zealand Times, Volume XLIII, Issue 10138, 28 November 1918, Page 6

EUROPEANISATION

REPORT OF COMMISSION ON RANG I KEREHOMA’S CASE. RESTORATION OF TRIBAL LANDS DESIRED. Speaking on the Commission’s report on tlie Rangi Kerehoma case, tabled in the House of Representatives by sir Joseph Ward, Mr J. T. M. Hornsby. M.P. for Wairarapa, paiid a high tribute to the Commissioner (the late Mr H. W. Dishop, S.M.), who had investigated the matter. R-angi Kerehoma had also died since the inquiry. Therefore, much that he might have said must remain unspoken. He could not let the opportunity pass, however, without pointing out that through the Europeanisation ol Rangi Kerehoma a great injustice had been done to his tribe, whicn had been deprived of all the tribal lands that wore in his possession, his Native wife being eet aside by the Court. Mr Hornsby considered tnat,. after making ample provision for his European wife, it was the duty of the Government to legislate so that the remainder of tribal property should revert to the Natives. He wished to eay that the whole of the circumstances of the case had nothing to do with the administration of Sir Joseph Ward. The whole of the transactions had taken place when he was not Minister in charge of the Public Trust office. He (Mr Hornsby) had been _ agitating for four years past in connection with this matter, but in his sternest moments he had never used language of anything like the strength of that used by the Commissioner in his report.

EUROPEANISATION CONDEMNED. After briefly reviewing the history of Kerehoma’s connection with the Public Trust office and the circumstances under which Judge Gilfedder, of the Native Land Court, recommended that Kerehoma be Europeanised, the Commissioner stated that he was declared a European on April 12th, 1013. William Boyce Chennells (land agent, Masterton, and agent to the Public Trust office up till March, 1914) advised him to be Europeanised. “Very shortly after this (the Eurogeanisab’on)” added the Commissioner, Chen,nails and a solicitor named Beard, who had conducted the proceedings in the Native Land Court at which the Europeanisation recommendation was obtained, appear to have taken steps ,to obtain an interest in the land owned by Kerehoma, and each of them did obtain it in the manner of certain members of their respective families. With the details of these transactions this Commission is not concerned. , , , „ "Certain proceed)mgs had been ™aen in the Courts arising out of these dealings, and some restitution has been made and a certain settlement armed at. "There is not the slighest doubt that Chennells used his position as agent tor the Public Trust Office, and was enabled by such position to turthei his designs on Keren oma s property, and u was because of his connection and standing with the office that he was finally enabled to carry out what can only y be described—look at it bow you will—as a very gross fraud. As. howpver lias been out by counsel, ! am not empowered to try ClmnneUs on any criminal charge, and beyond stating the facts in connection. with_ lu» position as agent for the Pubhc iru Office, I have nothing further to do with him. _ . , “So far as the declaring of Kangi to be a European was concerned, it is quite clear that it was part of the scheme to enable Chenneus and others to more easily, carry .out their designs on Rangi's property. ‘T have absolutely no doubt whatever that Rangl should never have been Europeanised, . It ivas the lirst appucation of the kind to come before the Native Land Court and the seriousness of the step does not seem to have been fully appreciated by the Court, which seems to have been impressed by tne solicitor. Beard, who appeared in support of the application and who was Himself a subsequent party to tne fraudulent dealings with Kerehoma s land Kerehoma himself admits that he should not have been Europeanised and that ho did not understand the effect of tlie order. The Court was misled throughout tlie proceedings, and the true facts of the position deliberately concealed. A very tew minutes’ conversation with Kerehoma would have convinced the Court beyond any shadow of doubt that Kerehoma’s' case was not one in which such an extraordinary power should have -been exercised. And it is passing strange to me that, with the knowledge that was generally possessed of Kerehoma’s habits and qualities, the application was not blocked by the officials of the Native Office, asc.oiud undoubtedly have been done. "I most sincerely hope that this scandalous case will have the effect of inducing the repeal of that _ highly dangerous provision contained in section 17 of the Native Land Amendment Act of 1912. Once the order is made, there is no power of revocation, and very serious mischief and wrong may result. I strongly recommend tbo Government to take this matter into very serious consideration. PUBLIC TRUST EXONERATED. "It is quite clear to mo that no one connected with the Public Trust Office, outside Chennells, was aware of, or_ in any way was a party to the Europeanisation of Kerehoma.* "I am also able to sav with certainty that no one connected with the Public Trust Office, outside of Chennells, was connected with the disposal of, or had other dealing with the estate of Rangi Kerehoma. nor can I find that any such officer was guilty of any neglect or dereliction of duty with regard to him.”* •These are the paragraphs also read by Sir Joseph Ward. "RIGHT CRUEL WRONG.” Mr Hornsby appealed to the Government and to the House to right the cruel wrong that had been done; and he asked whether the men who had done this cruel wrong were still to be permitted to retain possession of the lands which they had obtained by means of this gross fraud. Surely tho Government would take action to dispossess them of their ill-gotten gains. It was true that Beard had been suspended as a solicitor for three years and had made a certain payment tp Rangi’s estate, but those two families still possessed tho land. He knew that many men did not wish this case to come before the courts. A good many possessors of native lands had obtained land in much the same way; but in their cases public officers were not ccnernod. He asked the Native Minister to take ation to have those two men appear at tho bar of justie. STATEMENT BY NATIVE MINISTER. The Hon. W. 11. Harries (Native Minister) said that ho was sure that everyone in the House would share his indignation in regard to what was a great fraud. In his opinion, however, the Commissioner went beyond tho order of reference in giving his opinion that the Europeanisation of Natives was not desirable and that tho legislation in that direction should bo repealed. The Native Department had not been called upon to give any evidence tin regard to the general question as to whether the Europeanisation of Natives was good or bad. Sir John Findlay (Hawke’s Bay); Judge Gilfedder gave evidence.. Ho dooll with the general principle, Mr Herbies said that he had not been aware of that. He felt bound in every way to defend Judge Gilfedder. Among all the Native Land Court judges, none, except tho late Judge Wilson, was more

esteemed by the Natives and all concerned. If the whole of the facts of the case had been put before him he would never have allowed/ the Europeanisation of Kerehoma. , . Mr Hornsby: The Commissioner says that the Court was misled throughout th Mr Cn Hemeg added that he had been assured by Mr Morrison, counsel to Kerehoma, that full restitution had been made; that everything that Kerehoma demanded from Cnonneu s and Beard had been raid over to the estate. So fai as he knew the case had been met as far as possible by restitution. The lam was still held by the .two families hut full monetary restitution, a= ° e “ a ™?V by counsel for Kerehoma. had been paid Mr Hornsby: £ 15,000! Mr Herries : That was, I suppose, all they were entitled to get. Mr Hornsby: I doubt it. .. Mr Herries: Does the hon. gentleman doubt the ability of counsel to assess what was due? „ Mr Hornsby. I doubt counsels knowledge of the value of the land. Mr Herries said that the House could rest assured that everything that could bo exacted from Chennells and Beard had been exacted, and that was one of tho reasons why a Commission had not previously been set up. SIR JOSEPH WARD-SPEAKS. Sir Joseph Ward said that ho wish id *0 put on record the part of the Com.nissioner’s report which bore on tho Public Trust Office. He felt it his duty to do so. He then re-read tho Commissioner’s reference to the Public Trust Office already read by Mr Hornsby. When application was made by the hon. member for a Commission, he added, it was at once acceded to, and the whole of the expenses of tho inquiry had been defrayed by the Government. The matter had never oome in any way under his notios as Minister-in-Charge of the Public Trust Office; hut he felt it only right that it should be probed to the bottom. Chennells had not been at n.y time an officer of the Public Trust Office, but was a district agent receiving a commission on the business that came through him. He wished to say that the Commissioner’s report absolved the Public Trust Department and its officers completely from being associated in any way directly or indirectly with this fraud. It was a fraud of such a nature that if it had been possible for the Commission to take action in the matter against the two men it would have been done. But the legal advice he received was that the’ only person who could take such action was Kerehoma.' pud that evidence given before a Commission could not be used ns if it had been given in a court of law. It must be given in a court of law for the purposes of any action. Ho deeply regretted the deaths of tho Commissioner and of Kevclioma. The Government had done its duty in allowing tho Commission to bo set up. Mr Hornsby; Will the Minister take steps to have tho restoration of tho lands to the tribe carried out? Mr Herries: I will bring the matter up before Cabinet when a suitable opportunity arises with a view to having the whole question considered. The report was laid on tho table.