Council Wants Domain Board Reconstituted

Chronicle (Levin), 17 July 1946, Page 6

Council Wants Domain Board Reconstituted

MATTER TO BE REPRESENTED Three months ago Cr. F. E. Parker drew the attention" of the Levin Borough Council to the potentialities of Horowhenua Lake as a scenic and boating resort, and as a result the town clerk (Mr. H. L. Jenkins) was asked to bring down a report on previous unsuccessful negotiations with the Native owners to obtain control of sufficient land to make this possible, with a view to again taking the matter up. This report was considered at a special meeting of the council on Monday night, when it was decided to ask the Under-Secre-tary for Lands (Mr. Gregg) | what steps were necessary to | have the Horowhenua Lake i Domain Board reconstituted. ? TOWN CLERK'S REPORT The report submitted by the town clerk read (inter alia) as follows: —

Control of Lake j "The Horowhenua Lake, containing 951 acres more or less was aeclared to be a public recreation reserve by the Horowhenua Lake Act, 1905. The Act sets out that it shail be made available as a plaee* of resort for His Majesty's subjects of both races, in so far as it is | possible to do So without undulyj interfering with the fishing and other rights of the Native owners. "The lake was to be under the ! control oi a board, one-third at; j least of the members of which snalll i De Maoris, to be appointed by thei Governor subject to the provisionsj jfoliowing: — (a) The Native owners} shall at all tirnes have the free and; 1 unres'tricted use of the lake and ofi uheir fishing rights over the lake,!, ' but so as not to interfere with tne 5 i iuil and free use of the lake for/ ! aquatic sports and pleasures. (b)j i No person shall be ailowed to shootf | or destroy birds or game of any) I kind on the lake or within the area J of the lake reserve. j "Under Section 3 of the Act, the Governor was given power to j acquire from the Native owners ■ j any area not exceeding ten acres | adjacent to the lake as a site for' : boatsheds and other buildings ; necessary to more effectually carry out the provisions of the Act. And, finally, the board shall have and may exercise all the powers and: functions of a domain board under : the Public Domains Act, 1881. "The original Act was amended and extended by the Reserves and .j other Lands Disposal and Public 1 Bodies Empowering Act (1916 No. '14). The provision in the original | Act providing that one-third ; at least of the members of the | board shall be Maoris was ' deleted, and in lieu thereof j a provision was enacted that the board should consist of nine members, to be appointed by the Governor. Of the said nine members, six shall be nominated by j the Levin Borough Council, and ; the three remaining members shall i be members of the Native race. i The members of the board appointed were to hold office for a ! term of two years, but were to be j eligible for re-appointment. Anj other provision gives the Levin i Borough Council authority to | expend from time to time out of ' its district fund such sums as it ! thinks fit for the improvement or , ! benefit of the reserve. The board ■so constituted is deemed to be aj 1 local authority within the meaning I of the Land Drainage Act, 1908, : | with respect to the reserve under | its control and the Hokio Stream, 1 | together with a strip of land oue chain in width on each side of tne waters of the Hokio Stream; and the said area shall, for the pur1

poses of the Act, be deemed to be the district of the board. "The enactment then goes on to describe the. reserve under the original Act as the 'lake containing an area of 951 acres, together with a strip of land one chain in width at the margin of the lake and surrounding it on all sides. "In January, 1933, the matter of the domain was considered at a meeting of the Levin Borough Council, when there appeared to be a consensus of opinion that the area of land might be wanted for important civic purposes in conjunction with adjacent lands, in pref erence to renewing the . grazing lease. The question was then held over for later consideration. ! "In February, 1933, both the Levin Golf Club and the Levin I Aero Club sent deputations to wait | on the council to endeavour to ' obtain the use of the domain at. j the lake and some adjoining ground. As a result enquiries were to be made on behalf of the coun- 1 cil, as the Levin Domain Board, j with the obj ect of securing a lease i oi' certain Native land to amplify { the domain for the purpose in view.

Move Towards Development "In September, 1933, the mattei of deveioping the lake as a pleasure resort was again emphasised at a meeting of the Levin Borough ■ Council, and it was decided tc make enquiries that might open the way to activities in this direction. In October, 1933, further progress was made in the matter, when the Levin Borough Council decided to confer with the Lake Domain Board. Further progrest was made in November, 1933, when ! the conference was held bet.ween j the Levin Borough Council and th£ j Horowhenua Lake Domain Board i when a decision was reached that' the Department of Lands and Sur- i vey be asked to set up an enquiry | in respect of the administration of ' the Lake Domain, with a view tc ' deflning the Natives' area and the ! general powers of the board. Later in the month the report was made' to and considered by the Levin Borough Council, when His Worship's final remark was that the ball had been started rolling. "In July, 1944, an enquiry was opened in the Levin Courthouse before Judge Harvey, of the Native Land Court, and Mr. H. W. C. MacIntosh, Commissioner of Crown Lands, with a view to a settlement in regard to the rights of each party in connection with the development of the lake. A large amount of evidence was taken and at the conclusion Judge Harvey informed the parties that the Commission's report would be forwarded to the Minister of Lands, who would advise them what action had been taken, if any. Efforts End in DeadloGk "In March, 1935, a conference was held in the Council Chambers, Levin, to receive the report of the Commission set up to report on the rights and control over the lake. Among those present were Mr. W. Robertson, Under-Secre-tary for Lands, Mr. H. W. C. MacIntosh. Commissioner of Crown Lands. Mr. J. Linklater, M.P., and many members of the Native race. i Mr. Robertson advised that the ! Commission's report had been dulyj considered by Cabinet, who had i instructed that an endeavour be made for an amiable settlement. [ "The report showed that the last legislation passed went further than the intention* of the Natives, and suggested that the wliole of the chain reserve, with the exception of that portion from the end of Mako Mako Road to the reserve, be handed back to the Natives and that it would be a nice gesture on the part of the Maoris if they would make a gift of that particular portion to the Government. Mr. Robertson said there was no doubt whatever that the > bed of the lake belonged to m j Natives and any legislation passed would recognise this. "Mr. D. G. B. Morison, on behalf tr

i " ' ' ■ y ■ of the Muaupoko Tribe, said the I Natives couid not concede the area jof land suggested, which would be 'about z4 acres, but wouid oirer the Ipiece .from Queen Street to the j otner end of the reserve. | "Mr. Robertson said he could not icommit the Minister to accept tne | ofrer made, and . could only reier the proposals to him. N ! "In the hope of finding a soluj tion to the deadlock wnich had ; reigned for some time between tne iMaori owners and the various local | bodies, a meeting was held in I Levin, on December 9, 1936. As a (result of that meeting it appeaiedi that very little headway had been' jmade, and the desires of the local ! bodies were as far away as ever. | This meeting was attended by ; Judge Harvey, Mr. Mclntosh, Mr. Robertson, Mr. C. L. Hunter, M.P., besides representatives of the Levin Borough Council and the Horo- [ whenua Lake Domain Board. "In concluding the meeting', Judge Harvey said that the proceedings had gone as far a's was possible that day. He would report to the Native Department what had been done and suggested that the next move should come frorn the Natives because they said the conference was called under a misunderstanding as to the intentions of the Rt. Hon. M. J. Savage (Native Minister) , following a deputation from the Natives which had waited upon him. Judge Harvey asked the Natives to advise the Minister when they had made a decision. "And there the matter seems to rest. Incidently, I have ascercained that the surviving memoership of the Horowhenua Lake Domain Board is as foliows: — Native, Tutana Hurunui; Pakeha, Messrs. S. A. Broadbelt and W. G. Clark." COUNCIL 'S DECISION The Mayor (Mr. H. B. Burdekin; thanked tRe town clerk for his comprehensive report. Commeir&mg on if, His Worship pointea out that apparently the council could nominate six of the nine members. of the domain board and Lhe ofher three were to be memoers of uhe Native race. "The power is Uiere for the board to function," he added, "but it does not do so." Cr. Parker: I don't think tnere has been a statutory meeting oi the board for the last ten or liiteen years. The Mayor said he thought the council should first write to tne Under-Secretary for Lands, asking what steps it could take to have the board reconstituted. It would then be for the board to function. "We as a council have no jurisdiction," j he remarked. The council adopted the Mayor' 's suggestion.