Page image

A. —4b.

REPORT.

To His Excellency Sir Charles Fergusson, Baronet, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Member of the Royal Victorian Order, Governor-General and Commander-in-Chief in and over His Majesty's Dominion of New Zealand and Dependencies. May it please Your Excellency,— We were entrusted by Your Excellency under two Orders in Council with the duty of inquiring into complaints made to the Government and Parliament of New Zealand concerning the administration of Western Samoa under the mandate of the League of Nations, and to report upon the following questions : — "1. Whether, having regard to the duties undertaken by the Government of New Zealand under the said mandate, there is just or reasonable cause for such complaints or objections. "2. Whether the Administrator or the officials of the Administration have in any manner exceeded their duty in the exercise of the authority entrusted to them respectively, or have failed to exercise their respective functions honestly and justly. " 3. Whether, having regard to the Samoan Native customs and to the due maintenance of government and order in the Mandated Territory, it would be prudent and safe to wholly repeal and abrogate all power to require a Samoan to remove for a definite period from one place on the Islands to another." One Order was made under the New Zealand Commissions of Inquiry Act, 1908, and the other under a procedure which rendered the provisions of the Samoa Act, 1921 (New Zealand), applicable to the same inquiries and matters as were the subject of the first-mentioned Order. The petition to the New Zealand Parliament, which is recited in the Orders in Council, is set out in Appendix No. I. It is necessary to refer very shortly to the recent history of Western Samoa in order to state a few dates which ought to be remembered. Until the year 1900 all Samoa was practically under a loose protectorate of three Powers —namely, Great Britain, the United States of America, and Germany. By the Treaty of Berlin, made in that year, Germany acquired the sovereignty of that part of Samoa with which we are concerned —now known as Western Samoa —consisting mainly of the Islands of Upolu, Savai'i, Manono, and Apolima. The administration of Germany continued until the occupation of the country by a New Zealand Military force in August, 1914, and the Territory was then placed under a military administration. The military administration continued until the 30th April, 1920. In December, 1920, a mandate was conferred upon and accepted by His Britannic Majesty, to be exercised on His behalf by the Government of the Dominion of New Zealand, to administer German Samoa on the terms defined in the mandate. The mandate is conveniently set out in full in the First Schedule to the New Zealand Samoa Act, 1921. Civil administration in accordance with the mandate commenced on the Ist May, 1920. Under the authority of the Treaties of Peace Act, 1919 (New Zealand), and of an Order in Council intituled the Western Samoa Order in Council, 1920, made by His Majesty with the advice of His Privy Council, the New Zealand Government, by various Orders in Council, made temporary provision for the peace, order, and good government of the Territory, and ultimately the Parliament of the Dominion —which is regarded as the Mandatory—made by the Samoa Act, 1921, permanent provision for the peace, order, and good government of the

IV