Wellington Independent. THURSDAY, 4th SEPTEMBER.
In commenting on the Native Lands Bill the other day, we took occasion to remark that its value as regards settled districts would be greatly increased by the iiatroduction of provisions for the subdivision of land which had already been dealt with by way of sale of some of the interests in it, or of lease; the law as it at present stands preventing such subdivision. We observe that amendments have been drafted which will attain the object referred to, so far as lands under lease are concerned. With the concurrence of the lessee, their subdivision will in future be able to be effected. In the cage of blocks, however, in which one or more interests have been sold— which, it seems to us, is that which chiefly requires to be dealt with — no provision, so far as we can see, is made for subdivision. The amending clause is to the effect that on the requisition of three-fourths of the owners, the subdivision may be effected, if no sale, lease, or disposition has been made of the land or any part of it ; provided, however, that the fact of its being under lease shall not prevent the subdivision if the lessee consents. The clause, however, would still appear to make the sale of one or more interests a bar to the subdivision, even in spite of the concurrence of all parties. There may be some very valid reason why it should remain so. If there is, however, it i<» one the nature of which we should much desire to hear explained. Prima fade it appears unreasonable that a block of land which could be sub-divided as long as it remains in the hands of natives only, should become indivisible as soon as one or more shares in it pass into the hands of Europeans; and the fact is not only theoretically unreasonable, but also practically mischievous, as being caculated to prevent the obtainment of clear titles, and consequently the expenditure of capital. Another point in which it would be very desirable to see the bill amended is that in regard to compensation for improvements. Under the old Acts, improvement clauses could be inserted in the twenty-one years' leases without any restriction. Advantage was too frequently taken of this to introduce clauses, the operation of which virtually amounted to a confiscation of the land. It has, therefore, apparently been thought desirable to prohibit such clauses altogether by the present Act. This, however, is going too far. The greater part of the country in the North Island, as Mr Buckland remarked during a recent debate, is covered with fern, not grass, and consequently yields no returns without expenditure in the first instance. If the country in the interior should be taken up by people who will be prepared to expend from two to three pounds an acre on it in grass seed and fencing, its carrying capabilities will be found to be very large and its rise in value will be proportionate. Otherwise, the attempt to use it for grazing purposes will prove a failure. It will got a bad name, and its present owners, the natives, will be the chief losers by that circumstance. In their interests even, therefore, it is not desirable that improvement clauses should be prohibited, though we admit it is necessary that they should be hedged in with such restrictions as will secure their being equitable. There may be other features in which the Bill could be improved. They will, no doubt, be brought out in committee. Might it not be well, for instance, to give the Government the power of leasing land from the natives. The fact of its not possessing such power — we presume it does not possess it ; at any rate, it has never exercised it— puts it at a disadvantage as compared with private capi talists. The natives are frequently willing to lease their land to sheep farmers when they would not part with it in fee simple to the Government. After a year or two, when they have become accustomed to the idea of being no longer in possession, they, as a rule, sell it. It is in tliis way that much of the land in Hawke's Bay, which would otherwise have been bought by the Government, has passed into private hands. The suggestion of empowering the Government to lease — of which we do not profess to claim the merit — appear* to us to be an excellent one, an calculated to prevent the recurrence of ft similar unfortunate stats of things in new native districts as they come to be opened up.
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Bibliographic details
Wellington Independent, Volume XXVIII, Issue 3901, 4 September 1873, Page 2
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775Wellington Independent. THURSDAY, 4th SEPTEMBER. Wellington Independent, Volume XXVIII, Issue 3901, 4 September 1873, Page 2
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