EXPIRY OF WANGANUI MAORI LEASES

Wanganui Chronicle, 30 October 1948, Page 4

EXPIRY OF WANGANUI MAORI LEASES

PROBLEM FOR OWNERS AND EUROPEAN LESSEES

WELLINGTON, Last Night (0.C.) —With, the expiry of some leases and with others due to expire in the near future, an awkward situation has arisen which affects the Maori owners and the European lessees of the Ohotu, Waharangi, Morikau, and Tauakira blocks of land in the Wanganui district. In order that the problems might be settled in the best interests of all concerned a deputation of the Maori land-owners approached the Acting Prime Minister (Mr. Nash) yesterday with the request that a Royal Commission be set up with an order of reference to include a full investigation into the position of* owners and lessees. The first leases of this land were granted in 1906 for two terms of 21 years. Rent for the second term was fixed by arbitration on unimproved value, and compensation was allowed lessees for improvements. The land was originally in native bush, and some roading was affected when the leases were taken up.. Other roading and bridging has since been developed for which loans were raised. PETITION TO PARLIAMENT. When the lessees had felled, grassed and carried out other improvements they required to raise loans on the security of their holdings to carry on. but it was then that they discovered that their improvements were not a charge on the land as there was no statutory authority under the Native Lands Administration Act of 1900 to do so.

In 1911 the lessees petitioned Parliament to obtain relief from their disabilities and although the then Native Affairs Commission reported that the petition should be referred to the Government for favourable consideration, no action was taken. Subsequent deputations made representations to the late Rt. Hon. W. F. Massey and a number of his Minivers, with the result that the inoperative improvement clause in the leases was adjusted and legislation passed which validated provisions for compensating the lessees for improvements. NO SINKING FUND. When the leases were originally granted jt was intended that a sinking fund be created by the Aotea Maori Land Board out of rents received for the purpose of paying the lessees for their improvements when the leases expired. It is understood that the fund was not created. The Aotea Lessees’ Association has pointed out on several occasions that if it was found at the termination of the leases that payment could not be made to the lessees for improvements, then in the terms of the Native Land Act, 1931, application would have to be made to the Court for the purpose of having a receiver appointed in respect of each lease. Unless amending legislation was pasvd, the receivers would be obliged to set aside all monies as (capital) rental for the purpose of paying the lessees the ascertained value of their improvements. They further pointed out that the owners would be deprived of all rentals received and it would take many years for the rentals to amount to a sufficient sum to pay the lessees the value of their improvements. MAORI RIGHTS RECOGNISED. At the same time the lessees have clearly recognised the rights of the Maori owners, and have said that they do not desire in any way to infringe or take away any of those rights to which the owners are entitled.

It has for a long time been the request of the lessees that they be granted a conversion of their existing leases to provide for a further term of 21 years with successive rights of renewal as from the termination of their present leases, subject, however, to the Maori owners retaining the right to resume possession of any leasehold at the end of 42 years from the commencement of the date of such leases on paying to the lessees the amount of compensation to be fixed in accordance with the provisions of the leases. NO OBJECTION TO COMMISSION. The Maori land-owners, too, recognise and appreciate the problem set by the leases expiring. Neither they nor the lessees have expressed an objection to the setting up of a properly constituted commission for the purpose of inquiring into and reporting on all relevant matters arising out of the terms and conditions of leases of lands vested in the Aotea Maori Land Board. , Last August when the Aotea Lessees’ Association met in Wanganui a resolution embodying the desire for a Commission was passed provided that the order of reference was made wide enough to include the question of grievances whether of beneficial owners or lessees, and in particular, the right of the lessees to remain in possession of their lands and improvements until payment was made to them for those Improvements, subject to the payment of rent on the land exclusive of lessees’ improvements. A few other factors are involved In this complex situation which has arisen over the leasts, but the following table, compiled in 1935. will serve to indicate the position in regard to lessors’ and lessees’ interests in the several blocks;—

The Maori owners’ deputation to the Acting Prime Minister was led by Tanginoa Ta pa and Hekenui Whakarake, and the lessees were represented by Mr. J. B. F. Cotterill, M.P. for Wanganui, who is also chairman of the Parliamentary Maori Affairs Committee.

It is believed that if the means are made available for the Maori owners to resume occupation ot the leased land they will offer it for subdivision and the settlement of Maori exservicemen.

Aren, Capital Unimp. Improve Block (in acres) value value ments Ohotu . 58,849 £356,987 £58.513 £298,474 Waharangi 5.952 £ 21,329 £ 2.391 £ 18,398 Morikau 13,042 £ 44,937 £ .3,840 £ 41,097 Tauakira 8,882 £ 31,978 £ 5,110 £ 26,868