The Public Trust.

Maori Record : a journal devoted to the advancement of the Maori people, Volume I, Issue 2, 1 August 1905, Page 8

The Public Trust.

The question whether the administration of these reserves by the Public Trustee has been a success or the reverse depends greatly on the point of view. To those who think that the whole of the lands should be leased to Europeans, and the income paid to the natives, it has been a modified success. To those who think that the reserves should have been used to settle the natives on the reserves, making them such useful members of the farming community as Mr Seddon now proposes to do, and that surplus lands should be leased to Europeans in conformity with the policy which guided the making of the reserves, it has been a failure. The predominant position was with the native, the predominant position now is with the European settler, i.e., the settlement of the European on the land that has been the moving factor and the settlement of the Maori on his Crown Granted reserves has been quite a subordinate consideration. It has not only been a failure from the native settlement point of view, but from a social and sanitary point of view it has been disastrous. The native owner by Crown Grant has no secure tenure for his land. His license to occupy does not, judging from the past, protect his lands from being leased to the settler. I think I have said that the Public Trustee has to do many things which are repugnant to him. He is directed in his operations by statutory considerations. It becomes important to know whether his office is free from interference by those who initiate the statutes. In speaking of the thirty years’ lease, granted to the lessees of confirmed leases, which were disallowed after costly litigation by the Court of Appeal in 1891, the Hon. E. C. J. Stevens, speaking on the West Coast Settlement Reserves Bill, 1892, said ; “The Court of Appeal virtually decided against the confirmed leases, and I believe one of the principal grounds of their decision was that the leases were made for thirty years, while the Grown Grants of the land actually prohibited any further term than twenty-one years, making therefore the leases which were given for thirty years ultra vires of the grants. And there were other grounds which may be summarised, I think, thus : Trusts under which the lands were held for the natives required that the administration of the trust should be in the interest of the natives.” (Hansard, vol. 77, p. 482.) Mr Rolleston in the House, on the second reading of the Bill, said : “Until I ceased to be a member of this House at the last election but one, I took great interest in opposing what I thought to be encroachment on the native rights. I was not listened to on that ocacsion; and as soon as 1 was out of the House a Bill was passed which I think inflicted a gross injustice

on the natives.” It was the fact that such unjust legislation had been passed on the initiation of the Government of the day, concerning lands which were and are administered by the Public Trustee, that made many honorable members of both Houses distrust the wisdom, in the interests of equity, in again in 1892 continuing the trust in the same hands. Mr Roileston was very clear in the matter. (Hansard, vol. 75, pp. 367-8.) “This Bill is an instance of what is evidently in the Premier’s mind make the Public Trust Office an absolute department, controlled only by the Treasurer, who is to be given power to deal with people’s fortunes as seems fit to him. It is a very dangerous power which, I think, is intended to be put in the hands of the Public Trustee, who will be acting alone, except so far as he may be controlled by the political head. The Trustee, with the Treasurer at his back, may say to one man he shall have his land at one price, and another at another. I do not say he would do so; but we ought to remove the possibility of such taking place, as it may be said certain people would bring political influence to bear on his actions, and their rents would be apportioned accordingly. Well, Sir, it seems to me that that is a thing that ought to be remedied. The Public Trustee must have someone associated with him, and I think there must be, in the determination of these leases, some native associated with the Public Trustee. There are plenty of natives of sufficient intelligence to judge whether the proper prices are being got—there are plenty perfectly capable of it ; and all we want is to get a native of sufficient intelligence, not personally interested in the thing, who will be a guarantee to the natives on the Coast, that they are getting fair value for their reserves.” I may say that minds of the natives are not so much engaged in screwing the utmost value from lessees, as in securing sufficient land for their own use in gardening and farming operations, and it is reasonable to suppose that if a just and impartial native had been associated with the Public Trustee, as Mr Rolleston proposed, the unleased land would not have been so wretchedly depleted. Further on, in his speech Mr Rolleston said (p. 368). “It is, I think, one of the most melancholy things to see how provisions made and paraded before the public with respect to the early settlement of the country in regard to native reserves, have been set aside. The whole of this town is dotted with lands which were originally set aside as native property, and which have been gradually absorbed by Europeans. That is the position of native reserves at this day; and what I have had to do with regard to these reserves on the Coast, has been to make an attempt, partially frustrated by subsequent legislation, to place these reserves on a looting that would secure them from being interfered with, as reserves have been in the past. 1 wish we could get this : that when a native property is put into the hands of the Public Trustee it should be no more capable of being dealt with by the General Legislature, as is now proposed, than the property of a private individual. This proposal ought to be the subject of a private bill, promoted by the Public Trustee and those concerned ought to appear by a lawyer on their side, and you would then get an Act which would deal, as I think, fairlv

and impartially with the matter.” Hardly a member spoke who did not object, for one reason or another, to the powers given to the Public Trustee. It was said he was a political, not a parliamentary, officer. The fear expressed by Mr Rolleston that it was the intention to make of the Public Trust Office a public department controlled by the Treasurer, would be confirmed by the changes made by the Public Trust Office Consolidation Act, 1894. Section 5 makes the Public Trustee removable or appointable by the Governor-in-Council, which in operation means the Premier. By section 8, the salaries of the Public Trustee, Deputy Trustee, of other officers are such as shall be fixed by the General Assembly, so that each salary is not a sure and certain one, hue depending annually on the majority of the House. It is not an independent position like Judges of the Supreme Court. It is worth recording that in supply no private member can move to increase the salary of an officer. The salary of the Public Trustee is an annual appropriation, those of Judges permanent ones. The Public Trust Board consists of the following;— Colonial Treasurer, Native Minister, Solicitor-General, the Government Insurance Commissioner, the Commissioner of Taxes, Surveyor-General and the Public Trustee, and the Native Minister is the only one who cannot be dismissed by the Colonial Treasurer. The two items in the Civil list which have remained unaltered since 1863 are £7700 for the Judges of the Supreme Court and £7OOO for Native purposes, but this latter sum has, by an amendment of the Old Age Pension Act, I believe, been made chargeable for native old age pensions at the option of stipendiary magistrates adjudicating on claims for the pension. I have no desire to follow this enquiry into how far the dependable position of the Public Trustee may have in its influence on the disposal of the public trust funds, but I will simply remark that the sinking fund on local bodies loans is in the hands of the Public Trustee which he may lend out on Treasury Bills. And that the auditing of the Public Trust accounts is taken out of the hands of the Comptroller and Auditor-General, and is performed by the Trustee’s own officer, removable by the will of the Treasurer. It has been shown how legislation adverse to Native interest was possible previous to the passing of the Public Trust Office Consolidation Act of 1894, by the mention of such injustice in the debate of 1892 on the W.C. Settlement Reserves Bill, an injustice only remedied by the Court of Appeal. With enormous powers subsequently given to the Public Trustee by the Act of 1892, and the further subjection of his office by the Act of 1894. I think it will not be denied that facilities for such injustice have been increased, and in fact, Mr Rolleston’s apprehension materialised. R. S. THOMPSON.