NATIVE LANDS

Otago Witness, Issue 2785, 31 July 1907, Page 53

NATIVE LANDS

~ * REPORT BY THE COMMISSIONER. ! THE WORK DONE TO DATE. j REVIEW OF THE POSITION. j WELLINGTON, July 26. The Native Land Commissioners' reports were laid on the table of the House to-day. In addition to detailed reports on lands in the Wanganui and King Country districts, there is a <*<eneral one dealing with the interim report as a whole, which contains the following recommendation*: — ' 1.-That the purchase 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 non-eellera in the different blocks affected, and with due regard to the location and acoessabilitv of Crown interests, three-fourths of the purchase money to be paid to the Public Trustee to be held in trust for the owners, to be invested for their benefit, or used for the improvement of their other lands. The balance to be paid to the owners. , • £. That alienation by direct negotiation between the owners and private individuals be prohibited pendinjr dealings— (a) Sales: these having been permitted by Order in Council, time should be jriven for completion of signature* and compliance with formalities/ 'b) Leases- (1) In order to meet 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 minor* to lease to the -full extent allowed, as in the case of adult interests, and it having been represented to us that ihe 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 ac good up to 21 years, and for a further term of 21 years if the board is satisfied as to the rental for the extended term and that such extension will not injure the Maori infante. (2) Other leases: Within two- months of the passing of the act priving effect to these reoommeoMiationa applications to be made to the board for permission to complete, and the board may grant such permission, and fix a time within which lease* may be completed. At the end of such time within -which leases may be completed, or at end of such time if not completed, the interests of non-lessors to be partitioned. 3. Further alienations to be made only thToujrh 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) It may sell land, or part thereof (1) if the owners so desire after due inquiry as to their wishes ; (2) in order to raise money for the purpfcje of roading, surveying, or opening land for settlement, or to discharge liens and encombmneea; (3) in order to raise money to enable owners to, farm, or for. the purchase of other lands for them; (4) to the Crown for the purpose , of State forestreserves, parks^etc (b) **ay lease (fo} : lowing. generallSf} section 8 of "The Maori Land Settlement Act, 1905") and may «et aside out of areas to be leased to the 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 (a), (2), and (3). (d) May make reserves for burial places, etc. (ccc subsection (b) of section 8 "Maori Land Settlement Act, 1905"). Provisors: AH sales and leases to be by auction to the hierhest bidder, subject to flic following conditions: (1) No person may acquire land either by purchase or lease if the unimproved value / thereof, together with the unimproved value of the land he already owns or holds under any tenure exceeds £3000. A declaration *s necessary. (2) No .sublease or transfer •without "the consent of the 'board, which shall require sublessee or transferee to make a declaration, as in cases (1), (c), threefourths of the net wrooeede of sales to be paid to the Public Trustee for invest4. Maori settlement.— As to lands set apart for Maori occupation and farming. Powers of board: (a) May reserve burial nlaoes; (b) may set aside village sites and issue oooupwtion licenses to defined area 3 therein to Native owners, so aa to secure good government in the kaingas; (c) may set aside pwoakivintras for individuals, families, or tribes ; (d) may set- aside blocks or parts of Hook* as communal farms under the management of competent tanoen and to form the nucleus of farming communities; (o) may grant leases to Maori tenants speoified by the«owners for such terms as it may think fit, or i6sue certificates of partnership to members of wishing to farm their subdivisions, or declare tne owners of any land incorporated in order that the land may be {Kerned under a committee elected by the owners; (0 le36es s .may contain provisions (1) exempting lessee from payment of rent for term not exceeding four years ; (2) requiring «. percentage of improvements to be effected each year and compelling residence and effective occupation within a prescribed time; (3) for forfeiture of loose saving value of improvements and offer of land to other owners, failing them to general public : (g) may raise money on #»curity 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, interest, etc 5 Boards to have special powers as to timber, flax, minerals, grant of prospecting rights, etc. . , ' 6. To obviate delay and to secure as little expense as possible in the disposal of areas for settlement, the board may offer lands after a rough survey, indicating allotment. Arterial roads may be laid out and formed where absolutely neoessarv before selection, the coat of roading and survey to be loaded on sections. 7. Constitution of Boards and Staff — Boards to be constituted as at present, but wo think that 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 ? chartje on ' the revenue from the land. Each board to have a competent accountant as clerk and leceiver. 8. The Governor-in-Council may except lands from the operation of above proposals on condition that land so excepted shall be sold or leased at auction. Exception may be made in favour of owner who in the opinion of the Governor- in-Council, on the recommendation, of the board, is able to manage baa own affair*, return of such

exemptions *to be laid on the Table of the House within 14 days of commencement of session. 9. Jurisdiction of Native Land Court limited as to land administered by the board. ' In the matter of partitions, but not in regard to succession, testamentary disposition, ascertainment of owners, or beneficiaries, and adjustment of disputed 1 tribal boundaries the court may petition on the application of board.' 10. Exchangee. — The law requires amendment to permit of exchanges on a large scale so as to secure the consolidation of individual and family holdings. Surveys: We have already pointed out in our interim reports the necessity for expedition Li the survey of Native lands, and the vast amount of work now pending before the titles can -be completed and put on the register. The matter deserves the earnest attention of the Government and of Parliament. The commissioners say that if the Maori is to become an industrious citizen steps will have to be taken to educate him differently. They consider two things necessary — first, primary education should have an agricultural bias; second, guidance and leadership be provided by the State. It is -required in primary schools, and should be extended to the secondary, which persist in maintaining the ordinary grammar 6chool course, which ia not^ adapted to the present needs of Maori people. The commissioneri also allude to the evils of alcoholism and tohungaism, which require combating. In conclusion, they say the .Arawas, the Ngapuhis, and leading 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 anxious that the commissioners should hold a detailed inquiry into their lands. The commissioners add that they are not yet in a position to make definite recommendations on the questions of rating and taxation and of reforms in Native Land Court procedure and administration. The commissioners' recommendations are prefixed by a review of past policy and legislation on Native lands, in which, with the help of the report issued by the commission of 1891, changes are traced from the year 1862 downwards. Of "The Maori Lands Administration Act, 1900," they say that it, like the act of 1886 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 not convinced them of the stability of legislative enactments, 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 anoestral lands ; (c) they had not as yet been convinced, as European lessees or purchasers knew to their cost, of the expense, delays, and uncertainty attending alienations by direct negotiation, that in all these bargains fair value of the alienated land was discounted by these elements in the mind of the European negotiator ; (d) most of the lands •which in the year 1900 were declared to be lying jdle and unproductive had reached that stage when the struggle in the Native Land Courts was, or was anticipated to be, most acute, and for the majority of Maori owners, bo long a3 the title was in abeyance and they were immersed in tho joys of litigation, the settlement of th© country could wait. .It was for the moment outside the range of their politics. Further on the commissioners say "Hi :e is no doubt in our minds that the legislation of 189* to 1900 and that of 19D0, by tying the hands of the Crown in the further acquisition of Native lands, by restricting leasing of those lands, and by substituting a ■ system depending for its success on the willingness of Native owners to vest areas in administrative bodies constituted, created a deadlock and block in settlement of unoccupied lands. Oil the other hand, the vigorous settlement of Crown lands under the Land Act and Land for Settlements Acts exhausted the available supply of lands suitable for clcse settlement. The agitation of 1904 and 1905 forced the Crown once more into the field to resume its purchases, and forced Parliament to sanction the compulsory vesting of lands in Maori Land Boards and reopened free leasing of 'Native lands." Upon the question of Crown purchases, after pointing out that there is no provision for preventing the wasteful expenditure of the proceeds of the sale and the danger of tho Maoris completely divesting themselves of land, th© report says:, "While It is clearly the duty of the State to provide 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 conKnunity, least of all to the members of a race to which the State has peculiar obligations and responsibilities. The time has come when ir behoves the 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 more' than half a century. It is our duty to point out that it would be difficult to defend the present system^ of laud purchases. The Crown purchases land from Maoris, and pays for these purchases out of borrowed money. As soon as the purchases are complete and tho title obtained from the Native Land Court, the land is passed over to the Lands Department for survey, sale, etc. The income derived from the sale of these lands becomes ordinary revenue. No provision is made for the repayment of the amount borrowed for the purchase of the lands. We do not suppose anyone would «=a.y tins i is sound finance, yet this is the system that has been going on for a number of years, and it has been the policy adopted, not by one Government, but by many Governments. Our review of the position compels us to recommend to your ExceJlenoy that tho acquisition of Native lands by the Crown under the present system of I purchase be discontinued." After discussing the difficulties that are thrown in the ' way of private purchasers and the question of 'limitation, the commissioners give it as their opinion that "the only fair thing both to Maori owners and to all would-be purchasers or lessees is that the latter should be put on an equality, and this can only be a-btatned by allowing the highest bidder ia become the purchaser or lessee, but. limiting persons, who can become competitors according to the extent of thenland holdings at the time of sale, so as to accord with the policy of the country in respect to Crown lands." They point out however, that this i« not possible unless the title can be guaranteed. For this purpose they come to the conclusion that the Maori Land Boards must be need much m» tnsiij, and « B * targe; «aie_.

Another section of the report deals with the position of the Maori race, which, in the opinion of the commissioners, is most difficult and critical. They plead earnestly that it shall not be allowed to pass away entirely. They are an able people, worth saving, and it is mentioned, "We have been amazed, in meeting some of the chiefs wto have appeared before us, at their intellectual vigour " A paramount consideration is the encouragement and training of the Maoris to become industrious settlers. The necessity of assisting the Maori to settle his own lands was never properly recognised. They are a people starving in the midst of plenty. If it is difficult for a European to acquire a title to Native lands, it is more difficult still for a Maori himself to do so. and when he has succeeded he is hampered by the want of oapital and lack of training.