"THE NATIVE LICENSING ACT, 1878" (REPORTS FROM OFFICERS IN NATIVE DISTRICTS AND PETITIONS FROM NATIVES RELATING TO).

Appendix to the Journals of the House of Representatives, 1879 Session I, G-01b

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1879. NEW ZEALAND.

"THE NATIVE LICENSING ACT, 1878" (REPORTS FROM OFFICERS IN NATIVE DISTRICTS AND PETITIONS FROM NATIVES RELATING TO).

Laid on the Table by the Hon. Mr. Sheehan, -with the leave of the House. No. 1. The Under Secretary, Native Department, to Officers in Native Districts. Sir,— Native Office, Wellington, 22nd April, 1879. I have the honor, by direction of the Hon. the Native Minister, to forward herewith, for your information, a copy of " The Native Licensing Act, 1878," and to request that you will use your best endeavours to have it brought into operation within your district with as little delay as possible. With this object Mr. Sheehan desires that you will place yourself at once in communication with the leading chiefs and Natives, and explain to them what is necessary to be done, and at the same time point out the great advantages which will result if by any means a stop can be put to the large consumption of intoxicating liquors by the Native people. You may state also that Government have given the matter serious consideration, and earnestly hope that the Natives generally will strive to carry out a measure the Parliament have specially passed for their benefit. The Hon. the Native Minister requests that, before taking definite action, you will be good enough to make yourself thoroughly acquainted with the provisions of the Act, and arrange matters so that claims for compensation may not arise through the closing of publichouses. You will also divide your district so as to avoid, as far as possible, any questions arising with regard to the comparative number of European and Native population; and, with this view, you will arrange the boundaries of the districts under the Act so as to include a large majority of Natives. I have to request that you will be good enough to send an early reply to this circular, and, in furnishing your preliminary report, state what assistance you will require for the division of your district, and arrangements will be made to place the services of a surveyor at your disposal if necessary. I have, &c., T. W. Lewis, Under Secretary. No. 2. Mr. E. M. Williams to the Under Secretary, Native Department. Resident Magistrate's Office, Waimate, Bay of Islands, Sir,— 19th May, 1879. I have the honor to acknowledge the receipt of your circular, No. 7, 22nd April, 1879, forwarding a copy of "The Native Licensing Act, 1878," and requesting me to use my best endeavours to have it brought into operation within my district with as little delay as possible. In reply, I beg to state that I will endeavour to carry out the wishes of the Hon. the Native Minister, as expressed in your circular, by communicating with the leading chiefs, explaining what is necessary to be done, and ascertaining their views, on the subject. From remarks I have heard made from time to time by the Natives in reference to the sale of spirits, I do not think the Act will be brought into operation without opposition, the Natives themselves being divided in their opinions. Some advocate the removal of all restrictive laws with regard to the sale of spirits to Maoris, urging that they should be placed on the same footing as Europeans. Others are in favour of certain localities being proclaimed, within which no spirituous liquors shall be sold, the sale of such being confined to the publichouses now in existence in the district, which they would not desire to have closed. I—Gh 18.

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I have no doubt the question will be well agitated; and, in order that they may have the subject placed clearly before them, I would suggest that an authorized translation of the Act be printed in Maori and circulated generally amongst them. This might prove more convincing than a mere verbal interpretation. I cannot state what assistance will be required for the division of the district until I have ascertained the wishes of the Natives in reference to the same, but will further report when I have obtained their views. I have, &c, The Under Secretary, Native Department, Wellington. Edwd. M. Williams.

No. 3. Mr. H. T. Kemp to the Under Secretary, Native Department. Sir, — Civil Commissioner's Office, Auckland, 27th June, 1879. In acknowledging your circular, No. 7, enclosing an Act to " control the sale of intoxicating liquors within Native districts," I beg leave to report, for the Hon. the Native Minister's information, that after making every inquiry, and giving the subject careful consideration, it is respectfully recommended that for the present at least no attempt be made to disturb the existing liquor laws within the Auckland Kaipara District, and that, as drunkenness is not on the increase amongst the Natives who are scattered in small bands over the district, and as, moreover, it is the opinion of well-qualified settlers, supported by the experience of some of the leading chiefs, that any form of restriction would only conduce to tho vice of intemperance and sly grog-selling, while licensed houses remained within reach, the Government probably will, under the circumstances, sec it right to postpone the introduction of regulations which may run the risk of failure, unless some special reasons arise for doing so. Enclosed is the copy of a report from the Clerk of the Bench, made at my request, which will be of use in arriving at a fair conclusion on a point of importance to the welfare of the settlers and Natives generally throughout the district. I have, &c, H. T. Kemp, The Under Secretary, Native Department, Wellington. Civil Commissioner.

Enclosure in No. 3. Mr. J. Clendon to Mr. H. T. Kemp. Sir,— Resident. Magistrate's Court, Helensville, 23rd May, 1879. Referring to a letter from the Under Secretary of the Native Department, of date 22nd April, 1879, enclosing an Act to control the sale of intoxicating liquors within Native districts, I would beg to inform you that the Native chiefs with whom I have conferred upon the subject state that they do not believe the Act could be carried out whilst any licensed house whatever existed in towns and villages outside of any proclaimed district under the Act; and that restrictions being placed on the country districts would only create a greater amount of drunkenness amongst the Natives than at present, in the same manner as was experienced under the old Liquor Ordinance of 1847. In my opinion the subdivision of the Kaipara into districts, as required by the said Act, could only be done by making small districts around the Native settlements. Taking the Kaipara Resident Magistrate's District as a whole, I believe the Europeans outnumber the Natives nearly three to one. From having been employed taking the Native census in this district, as well as in the Assessment Court, and other duties under the Resident Magistrate's Department, I have had every opportunity of becoming fully conversant with the several localities and settlements in Kaipara and Wairoa, and consider great difficulty would be experienced in working the Act (except in the manner before stated) under its present provisions. I have, &c., James Clendon, H. T. Kemp, Esq., Resident Magistrate. Clerk, R.M. Court, Kaipara.

No. 4. Mr. T. Jackson to the Under Secretary, Native Department. Sir, — Razorback, 9th May, 1879. I have the honor to acknowledge the receipt of Circular No. 7, having reference to " The Native Licensing Act, 1878," being brought into operation within the Resident Magistrate's District of Papakura and Waiuku, and shall at once take the required steps. If the Natives are desirous, two localities might be proclaimed under the above Act in my district: in other parts the number of Natives would not be double that of Europeans.

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I am afraid it will take some time to carry out the instructions contained in your circular, and expect it will be necessary for me to call meetings of the Natives interested, and explain to them the provisions of the Act, and the benefits resulting from their taking advantage of it. I have, &c., Thomas Jackson, R.M., Papakura and Waiuku District. The Under Secretary, Native Department, Wellington.

No. 5. Mr. W. E. Gudgeon to the Under Secretary, Native Department. Sir, — Native and Defence Office, Gisborne, 7th February, 1876. I have the honor to forward a petition from Henare Potae and forty-nine others, members of the Aitanga-a-Hauiti Tribe, requesting that the district lying between the Uawa River and the northern end of Tokomaru Bay be proclaimed a district under " The Native Licensing Act, 1878." I beg to recommend this petition for the favourable consideration of the Hon. the Native Minister, as the tribe is for once unanimous. I have, &c., W. E. Gudgeon, R.M., The Under Secretary, Native Department, Wellington. .Native Officer.

Enclosure in No. 5. Petition from Henare Potae and Others. Uawa, 25th January, 1879. To His Excellency the Governor. This is an application of ours, your servants, whose names are signed hereunder, with respect to this " man-destroyer," spirituous liquor, that the sale of it be prohibited in our district, the boundaries of which we here describe as decided upon by our Runanga on the 24th of this month, in the hope that you will give effect to the resolution of your servants. These are the boundaries : Commencing at the mouth of the Uawa River, and following its course to Mangatuna, Hikuai, and Pouariki, thence along the boundary line of the Tokamaru Reserve to Mangahawini, thence along the boundary line of Tawhiti to Te Wharau-a-Purua, thence to Waimahura on the coast, and following the coast to the mouth of the Uawa Stream. From Henare Potae and Others.

No. 6. Mr. W. E. Gudgeon to the Under Secretary, Native Department. Sir,— Native Office, Gisborne, 13th May, 1879. I have the honor to report that Circular No. 7, of the 22nd April, arrived here during my absence in the Wairoa on official duty; hence the delay in answering the same. I have now the honor to report, for the information of the Hon. the Native Minister, that only two petitions under the 3rd section of the Act have been presented from my district: one from Te Aitanga-a-Hauiti, requesting that the coast district lying between the Township of Tologa Bay and the northern boundary of the Mangahawini Block (boundaries attached) be proclaimed a district under the said section; and the other from the Wairoa, by the chief Toha, the boundaries of which I am unable to state, as the petition was not sent through me, but direct to the Government. Toha is very anxious that his district should be proclaimed. I have interviewed the chiefs of the country to the north of Tokomaru, and have urged them to bring the Waipiro, Whareponga, and Tuparoa Blocks under the provisions of the Maori Licensing Act, but without effect. I have, however, received promises from the chiefs of the next blocks, viz., Reporua, Te Awanui, and Waiomatatini, to the effect that they will endeavour to secure the tribe's assent to the measure; but I would here point out that a publichouse at the shipping-point (Te Awanui) will be a necessity. North of the Waiapu River nothing can be done at present; but I will not cease to urge the adoption of the Act. I do not think it possible that claims for compensation can arise in any portion of my district, as a large majority of the houses, whether European or Maori, are only grog shanties, and should never have been licensed.

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With reference to the latter portion of your circular, I have the honor to state that Mr. Horace Baker, of the Survey Department here, will render me every possible assistance. I have, &c, W. E. Gudgeon, R.M. The Under Secretary, Native Department, Wellington.

Enclosure in No. 6. Proposed Boundaries of the Tokomaru District under "The Maori Licensing Act, 1878." Commencing at the mouth of the Uawa River, thence by the sea to the northern boundary of the Mangahawini Native reserve, thence by the southern boundary of the Puketiti Block to the Mata River, thence by the Mata River to the boundary between Tauwhareparae and Huiarua, thence by the western boundary of Tauwhareparae to Tutamoe, thence by the southern boundary of Tauwhareparae to Te Marunga Block, thence to the Mangatina Creek, thence by the said creek to its junction with the Uawa River, thence by the river to the starting point. The Tologa Bay Township and Wairoro No. 2 to be excluded from this block or district. W. E. Gudgeon, R.M., Native Officer.

No. 7. Mr. W. E. Gudgeon to the Under Secretary, Native Department. Sir, — Native and Defence Office, Gisborne, 24th June, 1879. 1 have the honor to forward a petition from Hirini Waite and others, requesting me to forbid all licenses within their district—namely, Tokomaru Bay. The boundaries of a portion of this district have already been forwarded to the Native Office for proclamation under "The Native Licensing Act, 1878." Should it be considered advisable to include the piece mentioned in the petition, the boundaries would be —" Commencing at the Uawa River, thence by the sea to the northern boundary of the Tawhiti Block, thence by the western boundary of the said block to the Mangahawini Creek, thence by the creek to the southern boundary of the Puketiti Block." After which, the boundaries formerly submitted may be followed. I have, &c., The Under Secretary, Native Department, Wellington. W. E. Gudgeon, R.M.

Enclosure in No. 7. Petition. Friend, Captain Gudgeon,— Tokomaru, 18th June, 1879. Greeting. This is a request of ours to you that no spirit licenses be allowed in our district, either to Maoris or Europeans. Do not on any account grant those licenses in our district, the boundary of which is as follows : Commencing at the Uawa River it follows its course to Mangatuna and Tahutahupo; thence along the Hikuai Stream to Porohanga, Pauariki, and Puketiti; thence it turns and runs to the sea, and on to Tawhitiapawa and Awarau; thence by the sea to Te Wharau te Mawhai, Te Marau; and thence to Te Uawa River again. We have forwarded these boundaries of ours to the Government, and received a favourable reply ; but you are aware of this, so let there be no spirit licenses granted either to Maoris or Europeans. Ended. From us all, The Committee of this District.

No. 8. Mr. J. S. Master to the Under Secretary, Native Department. Sir, — Native Office, Napier, 2nd May, 1879. I have the honor to acknowledge the receipt of Circular No. 7, dated Wellington, 22nd April instant, and would beg to inform you that I will take immediate steps to carry out the instructions contained therein. I purpose first to write to the leading chiefs on the matter, but I think it advisable to visit the different settlements and lay the matter clearly before the Natives, at the same time getting them to sign a paper to the effect that it is their wish to carry out the Act iv every way possible, and to ask them to render me all the assistance in their power. As to my district I am not quite clear, and would like it pointed out to me. I would surest that the district should include Tahoraiti to Kopua, Takopau, Hampden or Tikokino, Kaikanohi, Porangohau, Eparaima, Pourere, Waipukurau, Waipawa, Waimarama, Potangata, Te Aute, Pakipaki, Omahu, Matahiwi, Kohupatiki, Pakowhai, Hastings, Taradale, Waiohiki, Moteo, Clive East and West, Napier aud Spit, Petane, Mohaka, Nukaka, and Wairoa.

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I should suggest that the above may be fixed as my district, and that the assistance required may be granted. I would also beg of the Government to allow me one or two of the Native police of this district to accompany me ou my proposed visit, should the Hon. the Native Minister consent to my going. I would also bog to suggest that the Hon. the Native Minister will grant an imprest for travelling expenses, in order that I may be able to carry out the orders forwarded to me. I should be obliged if an early reply could be returned with reference to my district, and my visiting the Natives. Trusting that the above may meet with the approval of the Hon. the Native Minister, I have, &c., The Under Secretary, Native Department, Wellington. Jas. S. Master.

No. 9. Mr. R. W. Woon to the Hon. the Native Minister. Sir, — Wanganui, 7th April, 1879. I have the honor to forward a petition from certain leading chiefs of Wanganui, praying that "The Native Licensing Act, 1878," may be proclaimed in their district; embracing the river settlements from Kaiwhaiki to source of river. I have, &c, The Hon. the Native Minister, Wellington. Richard W. Woon, R.M.

Enclosure in No. 9. Petition from Meiha Keepa Rangihiwinui and Others. This is a petition of ours, the influential chiefs of Wanganui, to His Excellency the Governor and the Government of New Zealand, praying that our district be proclaimed under the Native Licensing Act; the boundaries of the district to commence from the old line at Kaiwhaiki, and to include the country lying within a distance of five miles on either side of the Wanganui River up to its source. Signed by us this 22nd day of March, 1879. Meiha Keepa Rangihiwinui and Others.

No. 10. Mr. R. W. Woon to the Under Secretary, Native Department. Sir,— Native Office, Wanganui, 3rd May, 1879. I have the honor to acknowledge the receipt of your circular, No. 7, re " Native Licensing Act, 1878," and its being brought into operation in my district. In reply, I beg to state that I have already taken action in the matter, and have sent in to the Native Office a petition signed by a number of the leading chiefs of Wanganui, praying that the Act be brought into operation in a district therein defined. The question has been well ventilated by me, and you will please convey my assurance to the Hon. the Native Minister to the effect that no effort will be wanting on my part to insure success to this measure, and check the wholesale consumption of drink amongst the Maoris. I would here state that I think some steps should be taken to enforce the law against selling liquor to Natives in the Town of Wanganui: otherwise, notwithstanding its being interdicted in and kept out of the up-river districts, the Natives will drink more than ever in town, which, by river, is so accessible to, and of frequent resort by, them. I now await proclamation in Government Gazette of district, and regulations framed by the Governor in Council. I have, &c., Richard W. Woon, R.M. The Under Secretary, Native Department, Wellington.

No. 11. Petition from Hiakara Tukumaru and Others. Motuiti, Manawatu, 16th April, 1879. To His Excellency the Governor of New Zealand. This is a petition of ours, the Maori chiefs of the Ngatiraukawa and Rangitane Tribes, residing at Manawatu, praying that you will proclaim this district under the Native Licensing Act, the boundary commencing at the settlement of Hiakara and Kereopa Tukumaru, and crossing over to Moutoa, and extending to Papakiri, Ngawhakaroua, Tiakitahuna, Te Awapuni, 2—G-. Ib.

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and Hokowhitu, having the Manawatu River on one side, and the railway line on the other, turning thence to the Oroua Bridge aud Motuiti, without including the Towns of Palmerston and Foxton. Do you give effect to this petition of ours, and your petitioners will ever pray, &c. Hiakara Tukumaru and 17 Others.

No. 12. Mr. A. Mackay to the Under Secretary, Native Department. Sir, — Native Reserves Office, Nelson, 15th May, 1879. I have the honor to acknowledge the receipt of your circular, No. 7, of April 22nd, covering a copy of "The Native Licensing Act, 1878;" and, with reference to the purport thereof, I beg to submit that the possibility of bringing the Act into operation in the South Island is barred by the provisions of subsection (2) of section 3 : moreover, it is not applicable in other respects, and the ordinary law is sufficient to suppress any cases of drunkenness that may occur, which, fortunately, are not nearly so frequent as in former years. I have, &c., Alexander Mackay, The Under Secretary, Native Department, Wellington. Commissioner. By Authority : Geobqe Didsbuet, Government Printer, Wellington. —1879. Price 6d.]