THURSDAY, NOVEMBER IS, J9U9. NATIVE LAND LEGISLATION.

Otago Daily Times, Issue 14684, 18 November 1909, Page 6

THURSDAY, NOVEMBER IS, J9U9. NATIVE LAND LEGISLATION.

The Native Land Bill, introduced into 1 Parliament a few days ago, is a- formidable document, no less by reason of its magnitude than on account of its intricacy, the complications of Native ownership that it deals with, the inherent difficulty of the question, and, lastly, the knowledge that the legislators of our country are now face to face with what it is hoped will be the final settlement of a question for which there is no precedent in any country taken by a, civilised people from' an aboriginal race. In a technical .sense, the Maoris were never conquered. Ev the Treaty of Waitangi in 1840 the Native owners ceded New Zealand to Great Britain, but they reserved their own individual and tribal rights, which were minutely sot out in the treaty. The Native right to certain land has always been respected. Individual members of the white race acquired laud from the Maoris prior to the treaty, and incidentally these transactions were usually very much to the disadvantage of the Native owners. Tile process was therefore stopped until ISG2, when the Crown relinquished its right of pre-emption, and private purchase under ra'Taiu limitations was permitted up till 1804, when Native Land Courts were constituted. The main purpose of Native laud legislation all along the line has been to restrain the Native owners from pauperising themselves by parting with the freehold of their lauds, and the muss of legislation on the subject amounts to fifty public Acts, eighteen local Acts, and three private Acts, which the present. Bill proposes to repeal. But certain other Acts dealing with reserves, existing trusts, 'and so on will 'remain intact. The. problem with which this important Bill of -121 sections propose.'to deal :s described in a comprehensive memorandum by Mr J. W. Salmon'.!, counsel to the Law Drafting Office, and may be shortfy set out by us. Thero are two kinds of Native land—custonuuy land and Native; freehold land. "Customary" land, as it is now somewhat clumsily termed, is land' which is owned by Natives under their customs and usages, and has nover been alienated from the Crown. Native freehold land ; is land which has been alienated from ! the C'rown, and is. now owned for an ] estate in fee simple by the Natives. Tho right of the Natives to their customary land was recognised by the ' Treaty of Waitangi. It was merely n

moral claim, and it is yet an open question whether it is enforceable against the Croivn. Tho Bill provider that the customary titlo shall not ho enforceable by any legal proceedings either against the Crown or against grantees from the Crown, this principle being held to be essential to the security of tho titlo of all land in tho Dominion. Tho Bill, therefore, reclassifies the lands into Crown land. European land, and Native land, and the term Native land includes customary land and Native freehold land. The Native title to tho laud has been for tho most part extinguished either by purchase from the Native owners or by tho operations of the Nativo Land Court in ascertaining the title and bv the subsequent issuo of a European title. An area of land may be owned by a tribe or community or indiv 1 / -als, and interminable pains have been taken by tho Aative Land Court to adjust the titles ami assign tlicm to tho rightful owners. In this process has, of course, been involved consideration of tribal and national usages, traditions, conquests, treaties, and, in short, all that goes to tho constitution of a customary title, and tho work, which is now happilv Jiear completion, has been arduous and prolonged. Tho alienation of customary land of which the title has not been ascertained lias always been prohibited, except in favour of the Crown. It was even made a criminal offence in 1846 for any European to purchase such land or bo found in occupation of it. The alienation of customary lands of which tho title has been ascertained has been subject to a number of restrictions. The alienation of Native freehold lias, from originally being entirely without restriction, been restricted by a. long and complicated course of legislation which occasionally amounted to a general prohibition.

Such, briefly, is the position. Tho Native estate amounts to something like five million acres of land, much of which, however, is under lease to Europeans and is being utilised. The balanca is also required for settlement, and the purpose of the Bill is to facilitate, without injustice to the Native owners, the acquisition of all this land for profitable use. The measure proposes that the alienation of Native land, may be effected in four different ways. The first method is by private alienation by the owners themselves, provided there are hot more than ten of them, unless in special cases. The transaction must be confirmed by the Maori Land Board or Native Land Court, as the case may be, and confirmation must bo refused unless provision is made that no Native shall he left without sufficient land for his support. Moreover, if the land is leased provision is made for securing to the tenant compensation for his improvements. Mortgages are not permitted (except in favour of the Public Trustee or the Government), unless by consent of the Governor-in-Council. The second method of alienation is by a Maori Land Board as agent of the owners, The land must be disposed of by public auction or tender by v;ay of lease and sale in equal proportions. Thirdly, land may be alienated by the committee of management of the incorporated owners. This is effected by elective committees of management of Native owners incorporated by order of the Nativo Land Court ii< substantial accordance with' the existing practice. The fourth method of alienation is in pursuance of a. resolution of a majority of the owners at a. meeting called by the Maori Lund Board. A resolution at such a. meeting is earned if tho owners voting for it own a larger area of the land affected than those who vote against it. Such majority may vest the land' in the Maori Land Board for sale or lease, or it may agree to incorporation by the Native Land Court, or itt may sell or lease to a particular individual, or it may sell to the Crown. The future acquisition of Native land by the Crown is to bo effected through the instrumentality of a Native Land Purchase Board, -consisting of the Native Minister, the Under-secretary for Crown Lands, the Ond'er-secretary of the Native Department, and tho Valuergeneral. This Board is to have almost absolute power. None of the restrictions on alienation are to apply, but the Board must not purchase land at a price less than the value as assessed under the Valuation of Land Act, and it must, be satisfied that no Native will become landless through, any purchase in pursuance of a resolution by the assembled owners. The Bill necessarily contains a mass of details. It- includes provision for succession according to Native custom of Native freehold land, but a Native is to have the same power of disposing of his property that a European has, except that land cannot be left to a European other than the wife or husband of the testator. The polygamous marriage will no longer be recognised in any transactions with reference to Native succession. Marriages must be contracted in tho same manner as those of Europeans. Adoption, which is a frequent Maori custom, must be made by order of the Land Court or under European law, and. the

adoption of a European child by a Native is prohibited. Tiie foregoing outline of the provisions of the Bill will suffice to show that an enlightened avenue to finality in dealing with Native lands seems to have been reached

at last. In it can be discerned one good result of Maori representation in Parliament. It is customary to deride that representation, and it has to be confessed that derision has frequently not been unmerited. But in consequence cf that representation it has been placed in the power of two Native members of tiie Government, Messrs Carroll and Xgata, to draw up such a system of regulating the use of the Native lands as, we believe, will conform to Native prejudices and customs, provide that the Native owners shall not be permitted to sell their birthright for a mess of pottage, and at the same time unlock their lands for settlement. When this snail have been

achieved a notable experiment in dealing with the indigenous race of a neiv country will be crowned with success.