X —No. 4

KKrOBT FROM TIIE COMMISSIONER

60

REPORT ON THE NATIVE RESERVES IN THE PROVINCE OF HAWKES BAY. The Schedules appended show the aggregate area of the Native Reserves *o lie as follows :— A. R. P. Clan- A. I.—Trusts under Crown Grant, 4c. ... ... 8,304 119 Class B. I. — Reserves for a Specified Purpose .. ... BS7 2 17 Class C.l.— Grants with Limitations ... ... ... 135,532 0 0 ( lass C. 2.—Land to be made Inalienable. ... ... 2,100 0 0 Class C. 3.—Granted Lands conveyed in Settlement* ... 18,132 0 0 105,105 3 3G According to the enumeration in a "Return of the names of tribes in the North Island," published in the last Blue Book, the Native population of Hawkes Bay consists of 1,897 souls. + These numbers show a proportion of about 87 acres of reserved land to each Native. In my Report of last year I stated that I had prepared thirteen deeds that wei'e either executed or in course of execution by Natives who had obtained grants to their estates through the Native Land Court, and were desirous to put the properties into trust to prevent the land from being alienated away from their children. I also drew attention to the desirability of altering, in the case of Trusts, that pait of the Native Lands Act, I^o9, which provides that no conveyance shall be valid that is not consented to by a majority, in value, of the co-grantees. The Crown Grants to Natives, issued under the Native Lands Acts, are generally to groups of ten persons, and that provision, although a salutary one in respect to ordinary sales, is an obstacle to placing the separate shares or interests of individuals in trust. It was found, practically, that as soon as three or four owners of an estate expressed a desire to place their lands in trust, there were, if the land were attractive, influences brought to bear from outside to prevent the eonenrrsnee of the remaining Natives, whose interests were immediately secured by European purchasers paying deposits of part, if not the whole of the purchase money. In this way the intention of several of those who desired to settle their lands on their children has been frustrated; and, in other cases, where the majority in value have signed the trust deed, the estate will be broken up between Natives and white men. Ot course the restriction applies equally where the majority in value are against selling, but an action at law would be necessary to prove the proportion of the relative interests. Anew Native Land Act is, I believe, likely to be introduced during the forthcoming session of Parliament. I would recommend the alteration of this law in as far as Trusts are concerned. By the 14th clause of the Native Lands Act, 1809, it is enacted that in respect to past transactions the proportions of shares or interests of any Natives in a group in i Crown Grant shall be considered to be equal. The Natives state that the effect of this is in some cases very unfair, and that in one case the smallest interests in a very valuable suburban estate —improved and *itli a mill worth ,£l,OOO upon it— were bought by white men whose interest, properly one twentieth each, became increased to one eigtht each by the enactment, the shares of tin- remaining co-grantees, who had not sold or moved their interests, being diminished eommensurately. This law, 1 respectfully suggest, should also lie amended or repealed. In order to ascertain how far it is wise further to reserve lands for the Natives of Hawkes Bay, 1 have prepared a return from the records of the Native Land Court of all lands in that Province granted with limitations (i.e., Native Reserves, class (!. 1) showing alphabetical!}* the names of the Natives for whom the reserves were made, and, as far as possible, their respective interests in detail and aggregate. The figures of this return considered in reference to the amount of land over which the title is not extinguished, and the extent and condition of the Native population will afford fair means of determining in future what land the Natives may safely be allowed to part With, and what should be made inalienable. By the sth section of the Native Lands Frauds Prevention Act, 1870, it is mado the duty of the Trust Commissioner, appointed under the provisions of that Act, to certify before any native land can become alienated "that sufficient land is left for the support of the Natives interested in such alienation." I bAVe supplied that offioer with a copy of the return above mentioned, and of all the information L was in possession of that would facilitate his work. •J'liis area cannot be accurately stated until the extent of cacli individual interest is defined by action of the Native I,and Court. ■(•This is, perhaps, below tlie amount. The Superintendent of Hawkes Bay estimates the number at 3,000, which would give an area of 55 acrrs to each Native.