NATIVE LAND COMMISSION.

Taranaki Herald, Volume LIV, Issue 13485, 27 July 1907, Page 5

NATIVE LAND COMMISSION.

AN IMPORTANT REPORT. (Telegraphed by Our Parliamentary Reporter.) WELLINGTON, July 26. The general report of the Nati /o Land Commission (.Sir Robert Stout, Chief Justice, and Mr A. Ngata, M.H.R.), was presented to the Hou3e yesterday afternoon. The land referred to is the Waimarama estate and Poukawa reserves (Hawke's Bay), Mohaka, and other land in the Taira white Maori land district, lands in the Wangantii district and King Country. Before stating its opinion as to thi best method of opening to settlement the unoccupied Native lands, whilst making adequate provision for tha needs, of the Maori race, the Commission reviews the existing modes of disposition and schemes for the settlement of the Maoris on their own lands. PAST POLICY AND LEGISLATION. "The confusion of our Native lan.l laws," remark the Commissioners, "is admitted by everyone. The history oi' over forty years' legislation on the subject reveals sharp changes or oscillations of policy^ corresponding with changes of Government and political parties, while there has been no material change in the method of investigate ing titles. The mind of the Legislature has swung like a pendulum between tli3 extremes of restriction against private alienation and free trade in Native lands." The report proceeds to give a precis of the able historical review mado by the Royal Commission of 1891, com posed of Messrs W. L. Rees, J. Carroll (the present Native Minister), and T. McKay. "There is no doubt in our minds," proceeds the report, "that tha Legislation of 1894 to 1900, by tying the hands of the Crown in the further acquisition of Native lands, by restricting the t leasing of those lands, and "ty substituting a system depending for 'ts success on the willingness of, the Native owners to vest areas in the administrative bodies constituted,- created a deadlock and a block in the settlement of the unoccupied lands. On the other hand, the vigorous settlement of Crown lands under the Land Act and the Lan for. f Settlements Act, exhausted +he available supply of lands suitable for close settlement. The agitation of 1901 and 1905 forced the Crown once mor.? into the field to resume its purchases, forced Parliament to sanction the com pulsoojy vesting of lands in the Maci Land Boards, and reopened the free leasing of Native lands. Upon the Maori owners, apart from the bewilder merit' produced by conflicts of policy, the legislation " had a twofold effect. -Thrown to a great extent upon thei" own resources, and actuated by the example of farmers newly settled in their midst, alarmed by the criticism of the press and the drastic schemes outlined therein, or from the political platform — pointing in the direction of compulsory seizure and practicable confiscation — they contemplated the possibility of utilising their lands in the pakeh.i way. A survey of the position revealed the difficulties inherent in individual ownership which prevented organise:! effort as well as individual action. Th< demand to be assisted to farm their own lands under, a system that would gio scop© to the more capable and energetic individuals of the community was coo veyed to Parliament by petition, and tho representations of the Maori members. In 1905 and 1906 this new aspe?c .<rfi the Native land question ';xs&» presented to the country and occupied, among other matters already reviewed, a prominent place in the deliberations of Parliament;" EXISTING MODES OF DISPOSITION. The various methods of alienation and of rendering Native lands available for .settlement summarised briefly are : (1) By sale (a) To the Crown, which must buy . at not less than the assessed value and must see that sufficient land- is reserved for the support and maintenance of the vendors, etc. (b) To private persons; (1) if th*« lands were a separate area owned by not more than two persons, the title of such land as a separate area having been ascertained by petrtion or otherwise prior -to October 31st, 1895; (2) A owned by more than two owners then subject to the removal °f - restrictions, and subject in either case to certain formalities and confirmation. ' (2) By lease : — (a) By direct negotiation betwee?i lessees and Native owners subject to formalities in the execution of deeds and approval of the Boari or in some cases to confirmation by the Native Land Court; ( b) by direct negotiation between tho committees of incorporated blocks or trustees and private person i ; (c) by vesting voluntarily or uy Order-in-Council in the Maori , Land Beard, or by the Board, as » • agent, leasing the land in suitable areas by tender or auction. CROWN PURCHASES. Prior to 1905 there was no Legislative regulation fixing the minimum prico to be offered by the Crown Tor Native land except for public works and scenic reserves. There was no pro vision for the compulsory acquisition < f such lands." The report proceeds to comment on the injustice of Crown purchases prior to 1905 and the vast estate which passed from the Natives for general settlement purposes in Wanganui and the King Country at a price which seemed adequate. "Parliament," says the report, "in 1905 fixed the minimum prise at the capital value assessed under Th? Government Valuation of Land Act. 1896. This was equitable in the ab sence of competition. An approach to market value was difficult of ascertainment. It is admitted that in the respect of lands carrying milling timber in localities where such timber can ? c economically worked, the Crown has mado no allowance for its value, alleging that in the hands of the Waste Lands Boards milling timber is not a«i asset. But why shpuld the Maori owners be penalised because in the administration of our Crown lands the most has not been made' of valuable milling timber ? There was no pi*ovision pri >r to 1905, nor is there now for controlling and preventing the wasteful expenditure of the proceeds of a sale. If the Native owners were informed that the purchase money would not be paid directly to them but would bo hold in trust by some responsible officer for i.b>.

improvement of their other lands or U be invested for their benefit, it would be to their advantage. That such a provision is necessary at the pres?it time the evidence of waste and prodigality in connection with the recent purchases in Hawke's Bay, "Wanganui, and the King Country is absolutely conclusive. That there is danger of trie Maori, if unchecked, divesting himself completely of his interests in land has long been recognised, but it was not till 1905 that the duty was cast upon th-e Governor of ascertaining before thi completion of a sale whether the Maori vendors had oilier land sufficient i.ir their maintenance, and of either reserving a sufficiency out of the land under purchase or sotting apart other Crown land for the purpose. While it is clearly the duty of the State to provide land for the wants of an increasing populition it must see that in the performance of that duty it does no injustice to any portion of the community — least of all to members of the race to which ths State has peculiar obligations and responsibilities. The time has come when it behoves the State to consider, not the theory on which its purchases tf Native lands are founded, but the practical results of a system which with occasional pauses and slight improvements has persisted for more than half s. century. INJUSTICE OP COMPULSORY ACQUISITION. The report proceeds to deal at length with the suggestion that the Land for Settlements Acts should be made to apply to Native lands as is done in tho compulsory acquisition of European estates for close settlement. "Legislation," tho Commissioners remark, "would not contravene the articles of the Treaty of Waitangi, but, supposing such legislation were passed, the lioii tations imposed on the right to take land compulsorily as the law now stands would prevent the acquisition of an>* but a very small area of Native land. ' If each of the Maori owners exercised tho right of selection and retention of, say, up to one half of the maximum i.f 1000 acres of first-class land, the Commission knows of Only three cases iv the "districts they have visited whare any surplus will be available for settlement purposes. * 'Surely," adds the report, "it will not be suggested in ihe caso of a Maori owner of land that his right of selection shall be restricted within such limits narrower under the circumstances than those permitted to a European. To do so would be to reveal a desire to ignore 'The Maori Rights Act, 1865,' and to treat tne Ma6ris not as citizens entitled to equal rights but as Pariahs." The Commissioners proceed to point out that it would be difficult to defend the present system of land purchases, remarking, "No provision is made for the repayment of the amount borrowed^ for ilie purchase of the lands. We do not suppose that anyone would say that this is sound finance. Yet this is the systcu that has been going on for a number of years, and it has been the policy^ adopied not by one Government but by mane Governments. 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." PRIVATE ALIENATION. ,Tho view has been repeatedly urged that the Maor^ should be permitted full freedom to dispose 'of his lands as lie thinks fit 1 on condition that he -does nos denude himself >of hjjs' restate, but be compelled to regain "sufficient, .'land for his occupation/; and maintenance." The policy, is stated in another way — that the Maori should be placed on the same fob ting as the European in regard to the disposition of his lands. To combat this argument the Commissioners quote the evidence given by Mr Ernest Bell, of Bell, Gully, Bell and Myera, given at the 1891 Commission, in the course of which that gentleman declared the "free trade" in Native lan is 'existing at that date to be a scandil in a civilised country, concluding, ' I ' think I am not exaggerating the position when I say that generally speaking no lawyer can honestly advise a client to have anything whatever to do with Native land dealings." The Commission admits that large areas of unoccupied lands have been brought m.der settlement in the Wanganui <?.strict under Clause 16 of the Act of 1905. "But," they report, "it is well for the colony to know some of the existing defects in legislation, some of tha dangers r and difficulties attending Ilie leasing of lands by direct negotiation with the Maori owners." LIMITATION OF AREA. It is probable that there is nothing in our Maori land laws to prevent tho aggregation of leasehold lands. There is no provision governing transfers or requiring from a transferee or sub-lessee a declaration as in tho case of the original lessee, so that probably leaseholds may be aggregated, either in the hands of a person already possessing an abundance of leaseh&ld, or in the hands of those who own large freeholds. It is a curious reflection that, while the colony has committed 'itself to a policy of close settlement in respect of Crown lands with limitations as. to the area any one selector may hold, it has permitted and still apparently permits aggregation in Native lands. The report continues—"The question arises: Ought there to be any limitation of holding in Native land? We need not point out that nation after nation has found that the aggregation of estates is against the wellbeing of the people. The intention of the Legislature has sometimes been defeated by ambiguity arid looseness of language in the section referring to the matter. We think that the intention of the Legislature should be placed beyond doubt in the direction of limiting the amount of Native land that should be purchased or leased and held by any one person, with a provision against subsequent aggregation through transfers or sub-leases. It is outside the bounds of our Commission to inquire as to whether tho limitation of area could not be dispensed with by the substitution of a graduated land tax ; but if limitation of area is a proper policy, as has been so often affirmed by the New Zealand Legislature, surely the limitation should be directly enforced." OTHER DIFFICULTIES. Difficulties inherent in tho nature of Native land titles present themselves to .the intending lessee. After enumerating numerous obstacles which present themselves, the Commissioners go on to say the term "Free Trade" is a misnomer as applied to such a system of land dealing. It should mean in practice that all the peeple in the colony

should be put on an equality in dealing with Maori lands. If the Maoris were allowed to sell when, how, and to whom they pleased, the people of the colony would not bo put on an equality, but it would mean the granting to certain individuals in this community of A GIGANTIC MONOPOLY. Further, it has to be remembered that the large Maori blocks are communal or tribal lands. What has happened in the past would happen in the future. Certain persons, adepts in what was once termed "Oriental finesse," would become the possessors of Maori lands for nominal sums. - THE ONLY FAIR THING, in the opinion of the Commission, both to the Maori owners and to all would-be purchasers or lessees, is that the lattor should be put on an equality, and this can only be attained by allowing the highest bidder to become the purchaser or lessee, but limiting the persons who can become competitors according to the extent of their land holdings, sO as to accord with the policy of the country in respect of jCrown^lands. GUARANTEE OF TITLE. No such scheme as above indicated, they point out, is possible unless at auction the title is guaranteed to the highest bidder; and here the nature qf the Native land title places insuperable difficulties in the way. You cannot control the wishes of numerous individual owners, each of whom is given the right to dispose of his interests as he thinks best. No auctioneer under such circumstances can give satisfactory assurances. It had been suggested that, to meet the difficulty, the lands should be partitioned ; but the Commissioners think that, even if the number of Native Land Court Judges were increased twofold, even if portions were promptly surveyed by an adequate staff of surveyors, and the whole cost of these proceedings were borne by the State, the task would be impossible of achievement within such time as to satisfy the impatience of the country for the speedy settlement of the unoccupied Maori lands. The researches of the Commissioners have convinced them that this proposal is not in the interests of the Maori people as a whole; that it is in many cases unnecessary — in some merely wasteful. It is inimical to speedy settlement and impossible to carry out in a practical and effective manner, apart -altogether from enormous cost that it would entail upon the land and its 6wners. SUGGESTED SOLUTION. It is a recognition of t^ijs, position that / haß called into existence schemes based upon the principle of consolidating the t ascertained interests of individual members of a family, hapuy or tribe under sucli control as to ensure to a purchaser or lessee a good title secured with little expense. The tendency in policy between 1900 and 1906 was in.tlie direction of compulsorily 'vesting lands in these Boards upon one pretext or another for administration. "We are of opinion," add the Commissioners, "that these Boards must be used more freely, and on a greater scale in future, if large areas of unoccupied Maori lands are to be opened to settlement. In arriving at this conclusion, we 1 have carefully considered the many questions that present themselves for investigation, and our solution must under the circumstances be a compromise, but its efficacy must depend largely on the view that the Legislature takes of the present needs and the future possibilities of the Maori race." , GENERAL RECQMMENDA^IONS. The general recommendations of. the Commission, which will form the basis of the promised Native laneT legislation this session, are as follows: — (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-sellers in the different blocks affected and with <3ue regard to the^ocation and accessibility ,of Crown interests, three-fourths of the purchase money to be paid to the Public Trustee to hold in trust for owners, to be^ invested for their benefit or use r for tte& improvement of their other lands ; the balance to be paid to the owners. (2) That alienation by direct negotiation between owners and private 'individuals be prohibited. Pending dealings : —(a) : These having been, permitted by Order-in-Council, time should be given for the completion of signatures and compliance with formalities, (b) Leases : (1) In order to meet the difficulties raised by the presence of minors in the title, and seeing that Parliament last year intended, as the Commission thinks, to empower trustees of * minors to lease to the full extent allowed as in the case of adult interests, and it having been represented to us th^t Maori owners are anxious ancl willing that leases should be validated, and that large sums of money have been expended by, lessees in improvements a!nd obtaining leases, such leases should be validated as 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 Maori infants. (2) Other leases : Within two months of the passing of an Act giving effect to those recommendations, application to be made to the Board for permission to complete. The Board may \V: ." grant permission* to fix a time within which leases may be completed. (3) Further alienations : Only through tho Board as agent for the owners, or, in the case of lands vested in it as registered owner, the powers of the Board shall be: — (a) It may sell the land or part thereof, (l) if owners so desire after due inquiries into their wishes, (2) in order to raise money for the purpose of roading, surveying, and opening land for settlement, or in discharge of liens and encumbrances, (3) in order to raise money to enable owners to farm, and to purchase other land for them. (4) to the Crown for tho purpose of State forest reserves, etc. (b) It may lease (following generally Section 8 of the Maori Land for Settlements Act, 1905 i), and may set aside out of the areas to be leased to jthe public sections to be leased to other Maoris. (,c) It may borrow money on security of land or revenue for tho purposes indicated in Clause

3. (d) It may make reserves for "burial-places, etc. Provisoes : —All sales and leases to be by auction to the highest bidder, subject to the following* limita-tipns-^-Qf) No person may acquire land- either: by;, purchase or lease' ff the unimproved value thereof;, together with the imimproved value owh^br holds under any tenure .exceeds £3000. (2) No sub-lease or $n£psfer without the! ctfnsont of-"#he Board> which -^halL^require %he ' sub-lessee or ' transferee tQ $&i& e as" in case" T. (8) Three'-fowthsjof ths net proceeds of the sites tol>e*J3aicfts the PjH)lic Trusfc&rfift 'invmtmsntr" ■ A ~ 2 * (4) Maori Settlement : —As to lands set apart for Ma6ri occupation or. farming,, the -powers of the Board , shal} he-— (a)r To* burialplaces, (bV J 'tb set "aside village sites and isgiVe.oc&ipatjion licenses for defined^ areas 1 therein to Native owners so as .t& secure good government in th'e" ; .kainga } s, (5) Boards tb : HaV c;'e ;' powers as to. ttimberj r fi>xj minerals, and to grant -prospecting rights." ~;i (6) To obviate delay and to secure as little esipeijises. as possible in the. dispos£il of areas for settlement, the Board may offer lands/af/ier » a rough survey ;indicatijig the- al-\ lotnient v ; Arterial roads" inay^be laid'oVriTaJad farmed where absolutely before selection, the cost of reading and survey to be loaded on the sections. (7) Constitution , of the Boards and <t staff: — Boards should be.Tdonsti--tuted as at present, but the Commissioners think that the presidents"should be drawn from men experienced in cutting up and letting lands,, and should be Government officers paid, by Government. Travelling allowances to the president and allowances to the members should be a charge on the revenue from the land. ! Each Board should have a. competent accountant as clerk and receiver. j (8) The Governor-in-Council may ex. \ cept lands from the operation Dt the above proposals on Condition that land so excepted be sold or leased at auction. Exception may be made, in favour of an owner who, in the opinion of the Governor-in-Counoil, on recommendation of the Board, is able to manage his own affairs. (9) The jurisdiction of the Native Land Court should be limited as to land administered by, the Board in the matter of partitions but not in regard to succession. In testamentary disposition, ascertainment of owners or beneficiaries, and adjustment of disputed tribal boundaries, the Court may partition on the application of the Board. (10) Exchanges: — The law requires amendment to permit exchanges on a large scale so as to secure the consolidation of individual and family holdings. "We have not as yet made full inquiry into the procedure and judicial functions of the Native Land Court, but we have obtained the opinions of Judges and Registrars of the Court, which we shall submit in a later report. We are strongly of opinion that the statutes dealing with the procedure of the Court and its functions in regard to the ascertainment of title, succession, wills, adoption, and appeals, should, be codified so that the law as it is at .present should' be embodied in one Act. Then there is urgent necessity for the codification of Native customs so far as they have been' adopted and adapted by the Native Land Court. During its inquiry in different districts, the Commission felt the need of something in. the nature of a DOMESDAY BOOK, which would reveal after a brief search the extent of the ascertained land owned by each Maori in a district. Such a record is absolutely necessary in view of any legislation based upon the assumption that there are surplus lands for sale, etc., and recognising the advantage of consolidating as far as possible the interests of individual Maoris or families. It is a large undertaking, but should be done in fairness to the Maoris and the satisfaction of the country. It will entail expense, but we think that special officers of the Native Land Court should be detailed for such work. LANDS DEALT WITH. t The following is a summary of the area investigated by the Commission up to the present and reported on: — DISTRICT OF' HAWKE'S BAY,. Acres. (a) Waimarama Estate — For Maori occupation 26,380 Available for leasing 4,680, Available for. sale 2,300 (b) Mohaka and other blocks^ — For Maori occupation 48,623 For leasing 10,147 For sale Nil WANGANUI DISTRICT. For Native occupation 49,964 For leasing 92,443 For sale Nil KING COUNTRY. For Native occupation 92,148 For leasing 163,769 For sale 34,522 Totals— For Native occupation 219,115 For leasing >.. 271,039 For sale 36,822 Grand total ...A 526,977 Supplementary reports dealing with' about 150,000 acres will be presented during the session. The area estimated to be acquired by purchase beyond the amount above stated may be put down at 150,000 acres. « ~ : THE NATIVES' CONFIDENCE. There are many, districts to visit,,andlarge areas of Native lands to deal with, t From communications* received," ihe" Commission is justified in stating that the Maoris of the North Island generally are anxious that the Commission* should meet them and hold a derailed* inquiry into their lands. At Rotdruaeleven of the Arawa chiefs waited on the Commission and stated that there: was a considerable area they desired to be opened to European settlement and also to profitable Maori occupation. They asked the Commission to vipit their district in the summer months, and stated that, from what they had, learned, they were content to leave the 1 disposal of their lands in the hands' ''of the Commission. They urged that tho Crown should not resume its purchases in the Hot Lakes district. A similar .request has been made by representatives of the Ngapuhi and other land-owners north of Auckland and by leading men

. "in. the Poverty Bay and the East Coast districts. RATING AND TAXATION. The Cpmmissiouers are not in a posi,tion i yet'"to make definite recommendations 'on the questions of rating and taxation * and;, reform of the Native Land Court procedure and administration. SPECIAL RESERVES. In respect to areas held under special Acts and Papatupu land, viz., the Thermal Springs district, the Urcwera Native Reserve, the East Coast Trust lands, the West Coast Reserves, the Waikari and Mohaka Blocks and Papatupu lands near the East Cape and north of Auckland, it will be necessary to inquire as to how far the administration of these can be brought into line ,with the other lands and whether the reasons that necessitated special legislation in respect to them obtain any longer.