MUTTONBIRD ISLANDS.

Otago Witness, Issue 2914, 19 January 1910, Page 95

MUTTONBIRD ISLANDS.

INDIVIDUAL NATIVE EIGHTS. NATIVE LAND COURT DILATORY Most people in Southland understand in a general sort of way that the privileges in connection with the mutton-bird islands, the Titi Islands, adjoining Stewart Island, are preserved solely for the benefit of the Maori people. It is also a matter of fairly common knowledge that, since muttenbirds have become a marketable commodity of some value there has been a- tendency or the part of a few of the Natives to quarrel among- themselves as to their individual rights on certain islands. It is not generally known, however, that the question has now reached a stage that calls for the immediate attention of the Native Land Court, and that there was every reason to expect that that court would, before this, have held a sitting in Southland for the purpose of straightening out an exceptionally intricate and interesting position, bristling with the problems that appear to arise, inevitably when an attempt is mad© to bring Maori custom into line with European legislation. At the September sitting of the Supreme Court in Invercargill last year an action was brought by Hannah Pohio Rickus, of Temuka, against William Spencer, of Bluff, which clearly indicated the necessity for the interference of the Native Land Court. A claim was made for £IOO for alleged assau*. when defendant was resenting the attempt of the plaintiffi to land on one of the muttonbird islands. It was contended on behalf of the plaintiff that she had a right, in common with all other Murihiku Natives under the Deed of Cession of Stewart Island in 1864, to use the island in question for mutton-birdiing. His Honor said that the case would have to stand over until the jurisdiction of the Native Land Court had been invoked in the matter. Defendant would have to state bis claim to exclusive rights of this particular island! before the Native Land Court, steps having even then been taken by the department to allow of such claims being settled once for all. That was four months ago, but so far no word has been received that a sitting is to be held, and the Natives are naturally anxious to ascertain the exact position in plenty of time to allow of preparations being made for the beginning of the mut-ton-birding season by April 1. Bark and flax have to bo collected, kelp baskets to be made, and there are other preliminaryarrangements to bs attended to. By the Deed of Cession of Stewart Island in 1864 certain adjoining islands, the Titi Islands, were returned for the use of the Natives and their descendants, in the lawful use of which the Government guaranteed them possession. The custom has been for certain families always to go to certain islands. At the time the deed was fixed certain chiefs were appointed to act as trustees for the different islands, and the descendants' of these chiefs have been accustomed to visit the same islands. It has nevertheless been clearly and officially intimated by the Department of Justice that the Titi Islands are for the use of all Natives, and not only for those mentioned in the first list. The original intention, w-as, obviously, to ensure a. certain food supply to the Natives, and the mutual agreement as to which islands should bo visited by the different families worked without friction until the past few years, when, muttonbirds have become a marketable commodity of value. All descendants of the original “trustees,” no matter in what part of New Zealand they may now be living, appear to have clearly a right to use the islands for niutton-birding punposes. The Titi Islands are, of course, Crown lands, and last year an order of injunction was made- by which the Commissioner was empowered to stop all mutton-birders from visiting the islands unless permission was obtained, the injunction to remain in force until it was definitely ascertained who were the true owners of the_island, jurisdiction for the settlement of all disputes having previously been vested in tho Native Land Court. But the complaint is that the Native Land Court has allowed more than four months to go by, and the disputes have not even been heard. The settlement must, almost of necessity, be a matter that will require lengthy consideration. An awkward feature is that, from the custom of visiting annually the same island® the Natives have built huts and other accessories of the mutton-birding industry, and these conveniences at any rate are certainly their own property. The season lasts from about April 1 until the middle of May. By the end of May the islands are deserted, and they remain uninhabited for the rest of the year. The extent of the industry ■may be gauged from the fact that last year it was estimated that about 200,000 birds wore secured. —Southland Times.