Native Land Courts

Sun (Auckland), Volume IV, Issue 1038, 31 July 1930, Page 10

Native Land Courts

WIDE, COMPLEX ACTIVITIES ONLY when a case of the prominence of the Orakei lands dispute is in progress does the complex life of the seven Native Land Courts of New Zealand become impressed on the community. Ordinarily, the courts proceed, without advertisement, to unravel bewilderingly large numbers of involved transactions and claims. The drabness of the dealings are relieved, more often than not, by engrossing references to old tribal history, the disclosure of pre-European practices, and the recital of incredibly long lineages.

The essence of the procedure of the seven courts —Tokerau, Aotea, Ikaroa, .Waikato-Maniapoto, Tairawhiti, Waia riki and South Island —is unfailing patience. The utmost tact and dis cretion is needed by a judge in prob ing verbal Maori histories, particu larly those concerning inter-tribal hos tilities, related in court by native witnesses. There is something almost bizarre about the court. In Auckland, the Tokerau court is housed in a modest building in Emily Place. When Maoris go to court they are not infrequently accompanied by a flock of sympathetic relations. A busy court day will see the gallery brimming with natives of all ages; perhaps an ancient grey beard, dim of eye but full of delicious remembrances of days when Europeans could not issue decrees bn Maori lands, will be surrounded by an assortment of chiluren, who will never know the real life of the Maori In these courts, age mingles with youth, just as the shreds of a noble past will linger on into a new age of indecision, for surely the future of the Maori is an indefinite thing as far as the preservation of his identity is concerned. The Native Land Court consists of the Chief Judge. Mr. R. N. Jones, and other judges the Governor-General thinks fit to appoint. Native Land Court judges invariably have a pro found knowledge of the Polynesian. They need to, and they have oppor tunities to hear the true dealings of the Maori. One judge, indeed, Mr. F. O. V. Acheson, of Auckland, re cently published an engrossing story of the Maori. COURTS JURISDICTION

have left the total at 3,947,215 acres The consolidation of native kinds is the movement now occupying a great amount of attention. The Native Land Boards have been mak ing efforts to give a stimulus to the farming of native land by the Maoris themselves, and legislation passed in 192 S allowed the boards to take up the development of limited areas from funds controlled by them. Under Princess Te Puea Herangi. the Wai kato Maoris employed the scheme on lands near Waiuku with success. In the opinion of the Chief Judge, according to a recent report, the Maoris are fitted to undertake the schemes of settlement arranged for them. There is considerable enthusiasm -among the Maoris engaged on the Horohoro scheme, comprising more than 8.300 acres of pumice land in the Rotorua district, and on that at Mohaka Hawke's Bay. MAORIS HOPEFUL "In spite of lower price levels and financial difficulties,” Mr. Jones has said, in an interesting observation on the position, “the Maoris are buoyed up with a brighter outlook for the future, and it is hoped that the day will soon arrive when they, with timely assistance, will become sturdy settlers shouldering their share of the common burden in accordance with the opportunities that have been given them. It is too much to expect that this can happen in the immediate future, neither is it to be expected that every Maori will prove a successful farmer.” There are two kinds of native land —customary land and native freehold. The titles of the former are according to the customs and the usages of the Maori people from ancient times, and. recognised by the Treaty of Waitangi, have not yet been extinguished. Customary land has always been restricted from alienation except in favour of the Crown. Subject to certain restrictions on alienation, native freehold land is held by Maoris under English freehold titles. No alienation of native land by a Maori has any effect until it is confirmed by a Maori Land Board, with the document attested by an authorised person. Since the Native Land Purchase Board, consisting of the Minister of Native Affairs, the Under-Secretary of t-ands. the Under-Secretary of the Native Department, and the Valuer General, was constituted in April. 191 P a total of more than 1.600.000 acres of native laud has been bought by the Crown. The area of native land al’en ated by sale to the Crown or others since 1910 is much above 3.000.00' acres. Vast problems still face the Native Land Court in deciding obscured titles This perhaps, is the time when the court's judgments are most needed for the Maori race is still in a state of transition. D.C.S.T

The principal subjects within the jurisdiction of the court are the in vestigation of titles to customary land to transform it into native free hold, partitioning, sanctioning ex changes for native or European lands granting probates of wills and sue cession orders, making orders foi adoption of children, appointing truEt ees for natives who are minors or under other disabilities, determining claims, and the incorporation of owo ers of native laud. The volume of this work is scarcely realised. There were 110 sittings of the court for the year ended March 31, 1930 and 105 in the previous year In these two years the partitions mad.have affected nearly 200,000 acres, al most 44,000 cases have been notified, and nearly 13,000 succession orders have been made. There is also the Native Appellate Court operating, con sisting of two or more judges of the Native Land Court and seven Native Land Boards, each consisting of the judge and the registrar of a court district. At March 31, 1929, the estimated area of native land still owned by the Maoris was 4,060,402 acres only. De pletions since then by sales to the Crown and to individuals during a period of 12 months from that date