NATIVE LANDS

Otago Daily Times, Issue 13985, 19 August 1907, Page 3 (Supplement)

NATIVE LANDS

REPORT BY THE COMMISSIONER.

THE WORK DONE TO DATE.

REVIEW OF THE POSITION.

, ... WELLINGTON, July 26. The. Native .Land Commissioners' reports were laid on the table of the House td-da.y. In addition lb detailed, reports oh lAhds ra, the Wangariui and King Country tlistricrta, there is o. general one dealing with the intorim report .-la a. whole, which coii ; tains tho following i'e'66mmenda.tionß;-r 1. That thb piirchaso of Native lands by the Crown under the present system be discontinued pending dealinga to bo completed through'.the Maori Lahd Board of each district after duo inquiry aa to the wishes of noh-sollers in tho different blocks affected,. and with. dud regard to tho location and of Crown interests, three-fourths of,the purehaso morfcy to be paid to the Publio Trustee, to bo .hold in triiat for. tho oVnprs, to be invested for their benefit; or, used for. the, improvement of their other lands. The balanco to be paid .to the, owners. .

2, That aiienaiioh- by direct. negotiation between the owners and private individuals bo prohibited pending dealings—(a) .Salefe: these having been, permitted by Order iti Couhbil, time ehoiild bo given for completion of. signatured and compliaiibs .with formalities. ~(bi Leases: (1) In brder fo meet', diffibullies raised by . thb' present of niitiofs iti tho title, and seeing, that PaHiariieiit iast ydav ihtctided, as we think, tb empower the trustees of hviribrs to lease fo the full extent allowed; as in thb ease bf adult Wild it having been represented tb lis that the Madfi.dwiiers arb ahxious. and willifin' that thb leases should be "arid that largo Sums of mdney have been,expended by leseecs in imprqverii'ohts and.ih obtaining leases, -such leases shall.bo validated as good up to 21 vcars, and for a further term of 21 years 'if the board is satisfied as to the rental for the extended term and that such cxteneioh will not injure .the Maori infants., (2) Other lease's: Within two months of, the passing of the art giving effect to these recommendations applications io be maido to the board for permission .to complete, ■arid the board may grant, siibh porriiissiorii and fix a time within ,'wliicn leases may, be completed. At thb end bf such time within, which, leases. may. bb completed, or at end bf suoh tinie if riot cohipletcd, the interests of rion-leisors to be partitioned. .3. Further. alienation's! to he made only through .the board as agent for the bWhers, or' ih the 'Case of .laiids vestetl ih it as rogislbved owher of shell laiids.. Powers of board: (a) It iriay sell land of part thereof (1) if tlie owners sd. .dbsifb .after dtio iiiquiry_ as tb tlieif iyishes; (2) ill order' to to.ise riidney for tho purp'oSS of roading; slif f eyirig", ._ of bpcliiilg larid for eettlbriieilt, bf. f'o_ dischatge lieris atid en ; cbriibrahecs; (3) in 'order tb raise money tb enable o'ters to favhi; of for the pur-, chase of other lands for tliehi.s W) to tlio Crown for the purpose of State forest reserves, parks, etc. (b) May. .lease (following, generally; section.B of "The Maori Land Settlerhent Act, 1905"). and,may 60t asido out of areas to be leased to the general rinblic . sections to be leased., to Maoris bthor titan the owners. . (c) Mav borrow moriev on tho security of land or revenue, for purposes indicated in olause 3 (n); (2). and (J), (d) May make reserves for burin) places, etc. (sqe 6iibsectioh (bj bf section 8. "Maori Land .Settlement Act, 1905"). Provis'ofs: All sales, and leasc6 to lie by ajictiorijo the highest bidder, subject to the following coli'ditiohs: (1) No person may dc_slUi.ro land eifh'er by jiiircliase of lease if thb uniin'pfbvod value thereof, fdgcther with the unimproved vnlue of the land he alfeadv bwiis or holds under anv tehttrb exceeds £3000. A declaration. is necessaty. (2) No siiblcase bf transfer frithbut tlie consent of the board, which snail rSqliife sublessee hi transferee lo iriak'e d declafatibn; as ih Eases (1), (e), fourths bf the p'rbiJeeds of sales to be paid tb tllb Piiblic Trustee fot investment;

4. Ma'dH settlemeht.—As to lands set apart fbr Maori 'occupatidil arid ' farmings Powers of board: (d) May reserve burial blaces; (b) irijly Set aside village sites and issiiD beotlpAtibn lieensbs to defined awas tllereih to Native ewiiefs. so as to secure g'obtl goVgrllfnant ill kaiilgas; (c) may set aside pilpakairigdii for individuals, families, Br tribes; (d) iliay set aside blocks of parts bf blocks as coiittiliUial fanns under the management of competent farmers and to form tlio nucleus 'of farming comimtnities; (8) may graitt leases to Maori tenants 6peoified bV the owners for suoh terms a 6 it may think fit,, of issue jjeftificaleg .q5 aartiierefiifi t<| m<jgibera b.f

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; (f) leases may contain provisions (1) exempting lessee from payment pi relit for term not exceeding four years; (2) inquiring a. percentage' of improvefiioiifs to be _ effected each .year aitd compelling residence" and effective occupation within a prescribed lime; (3) for forfeiture of lease saving- raliio Of improvements and offer of land to other owners, failing them to general public ; Is) may raise money 6n security of. land or revenue for purpose of advancing to Maori owners farming, or inay o'nt of proceeds of any. sale form a fund for the purpose. Regulations as to terms, interest, etc.

5. Boards to have special newel's as to limber, flax; minerals, grant or jjrospecting right?, e'ie. 6. To obviate delay and to secure as little expense as possible in tho ..disposal of areas for settlement, the board may offer lands after a. rough survey, indicating allotment. Arterial roads may bo laid out and formed where absolutely necessary beforo selection; tho cost of roading. and survey to be loaded fan sectidns. • 7. Constitution bf Boards nrkl Staff — Boards to be constituted as at present, biitive think that Ihb presidents should be drawn from mcii experienced in the cutting up and letting of lands, and should be Government officers,, paid by the Government; travelling allowances of president and allowances ra.member's to be a.chat-ire on the revenue from the land. Each board to havo a competent acoountarit as clerk and receiver.

8. Qho &overnor-in-Council may except loads from tho operation of above proposals on condition that land so excepted shall be sold or leased, at auction., Exception may lw made ni favour bf bivner who in the bpimoh of the Goverribr-in-Counoil, on the recommendation of tho board, is able to manage his o*ll affair*, return of such bxemptibns to be laid oh the Table of the Hoiise within 14 days of commencement of session.

.9. Jurisdiction of Native Land Court limited as to land administered by the board In the matter bf partitions, but jjot i in regard to succession, testamehtary disposition, ascertainment of oVners, or beneficiaries, and ..adjustment of disputed tribal boundaries the court may Petition on the application bf board. " -' . 10 ; Miahges.-The I,W requires' ameridment to permit of eiehahges on a large scale so as to secure the consolidation of individual and family holdings. SurveysWe havo .a ready pointed out In our 'interim reports the necessity for expedition i.i the survey of Native lands, and the vast amount of wtirk now pending before the titles can be completed and piit on the register; The matter'deserves the earnest, attention of tho Government and of Parliament.

..The commissioners say that if the Maori >s, to become an industrious citizen steps will have to bo taken, to educate him differently. ■ They consider two things neces-sary-first primary education should havo an aghcultiral bias; second, guidance and leadership be provided by the State. It is required' in primary schools, and should no extended to the secondary, which persist in maintaining, the ordinary grammar school bourse, -which is not adapted to the present needs of Maori people. The commissioners also allude to the evils of alcoholism and tohungaism. which require combating. In conclusion, they say theArawas, the Ngap'uhis, and loading men in the Poverty Bay and East Coast .districts have pressed the commission to visit them and the- Maoris jn the North Island generally are ahxious that the commissioners should hold a flctaildd inquire into their lands. . The commissioners add that they are not yet in a position to make definite recommendations on. tlie questions of rating and taxation and, of reforms in Native Land Court procedure And administration. Iho commissioners' recommendations arc prefixed by a review of past policy and legislation oh, Nativo lands, in which, with the help of the report issued by tile commission of 1891; changes are traced from the year 1862 downwards., Of "The Maori Lands.Administration Act, i960," they say that it/like the act of 1885 on the'same subject; was doomed to failure', because" the Maori people showed unwillingness to trust the administration of their lands to the councils. The reasons were:—(a) They objected to being deprived of all authority and management of their ancestral lands'; (b) experience had hot convinced them of th<! stability of legislative eridctmente, and they suspected that the new policy was only another attempt to sweep into the maw of the State large areas of their rapidly-dwindling ancestral lands; (c) tbey had not as yet been convinced, 'as European lessees' or purchasers knew to their cost, of the expense, delays, and uneoftamty attending alienations bv direct negotiation, that in all these bargains fair value of the alienated land was discounted by tliese elements in the mind ,of the European negotiator; (d) moat of tile lands which in the' year 1900. were declared to lie lying idle and unproductive had reached that stage when the struggle in the Native Land Courts was, or. was. anticipated to he, iriost stiutc, arid for tlie majority of Maori owners, so Idriir.as the' title Was.in aueyatice and they were immersed in the joys of litigation; the settlement of the obitntry could wait.. It was for tile rriottieht outside the" rjinge_ bf their politics; Further oh. thfe commissioners Kay "There is ho doubt in.bur minds, that the; legislation Of 1894 .to 1900. and that of 19(10, by. tying the hands, of tlie Crown in the fiirthef acquisition .of Native lauds, by restricting leasing of those iaiids, and by stibstitiiting a eyatjim for its success dti the willingness of Nativo owners' to vest areas irt adriiihistratiVe bodied constituted, created a deadlock and block in settlement of trHocciibled lands. (Jli the.other hand, the vigorous settlement df Crown jarids under the Land Act and Land for fecUlemeriis Acts exhausted the available supply of lands suitable for close setttameht. The agitation of 1904 arid 1905 forced the Crown otlcS move into the field to resume its piirchases,_ arid forced PArliament to sanction the compulsory' vesting of lands" in Maori Land Boards and reopened free leasing of Nativo lands." Upon the question of Crown purchases, after. pointing out that there is rib jirdvisibh. for fyfevehtihg the wasteful expenditure of the proceeds of the sale and the danger of the Maoris completely digesting., themselves of land, .the report Says: "While it is clearly the duty of tlio State to ilfovido land for the wants of an increasing population, it must see that in the performance of that duty it does no. injustice, to any portion of the comriiu'nity, leastdf all to thb members of a race to which the State has 1 peculiar obligations and responsibilities. The time has come .when it behoves tlie State to consider, not the theory on which its purchases of Native lands are founded, but practical results of a .system which, with occasional pauses .and slight improvements, has persisted for mote thair half a century, It is our. duty to,point out that it would be difficult to defend tlio present system of land purchases. The Crown purchases land from Maoris; Bnd pays for these purchases out of borrowed l , money. As soon as the purchases are. complete and tlie title obtained from the Nativo Land. Court, the land is passed over to the Lands Department for survey; sale, . etc. The income derived from the sale of these lahds becomes ordinary revenue. No provision is made for ,tho repayment of the amount borrowed for tlio purchase of the lands. We do not suppose anyone would say this is sound finance, yet. this is the system that has been going on for a huriiber of years, and it has been the policj adopted, not by one Government; but by many Goveriiinents; Our review of the position compels us to recommend to your Excellency that ■>.the acquisition of Native lands by the Crown under the present system of purchase be discontinued," After discussing the difficulties that arc thrown iti the Way of private purchasers and the question of limitation, the commissioners give it as tlifeir opinion that " tlie only fait thing both lb Maori owners and to all would : be jlii'rchasefs or lessees is that the latter should be put on ah equality; and this call only be attained lly allowing the highest bidder 1(5 be"conlh Hie' pillfchasfet or, lessee, but limiting persons wll'd Bali beeb'ine competitors .according ,ta the extent of their liilm holdings' at tlie time of sale, 'so as jo Sccbid frith, tile policy Of tile country iri fesjicct to Crown lands." They point but, however, that this' is hot jiossibte Unless the' title Can bo guaranteed. For thte purpose they cdnie to the coticliisibii that, tlie Maori Laritl Boards must- be iise'd much more freely, add bri a larger Kale. Ahbllief sebtibn Of the report deals with tlie jibsitibn bf tlie Maori race, which; iti the opinion bf the l commissioners, is most difficult afi'tl. crilibah Tlley plead earnestly that it shall not bo allowed to pass awsly entirely. They are ah able.people, worth saving; aritl.it is rilehtioried. "We hstvS been., amazed; in meeting soriie' bf the chiefs who hive appeared before us, at tlicir intellectual vigour" A pafithidli'rit corisidef'ation is the efiTOuragemoht afld training of the Maoris ip become indiisifidtjs settlers. .The necessity 3f assisting the Maori to settle his own larids was never properly recognised; They ate a jiebple starving iti the midst of plenty. If it is difficult for a Europeab to acquire ft title" to Native lands; it is frioro difficult still for a Maori himself to do so. ah'd wheh ho has snoceeded ho is hahipefed by the want Pi SSEjMiI ?M list pi teaiaLng,