WEST COAST LEASES

Dominion, Volume 3, Issue 695, 21 December 1909, Page 4

WEST COAST LEASES

"A PECULIAR PHENOMENON." V.; • -..BBPOBT BY.. COMMITTEE. X; The Lands Committee reported to the House of Representatives yesterday on tho petition of D. A. Foolo and 6'J others, praying that they might bo granted, payment for all improvements done by them upon the lands leased by them from the Public Trustee. The petitioners also asked for a perpetual renewal of their, leases,, and.that .in ns'sessiug upph any renewal of leases none of their improvements should be taken, into consideration. ■; iTho icommitteo reported that tho petition referred to, tho Government for. consideration,; with a recommendation that, the proposals submitted .by' the Public Trustee and accepted;by'the petitioners ho adopted. ■The. evidence taken by tho'committee'was attached'., to the report. . R. D.' Welsh, solicitor, Ifawera, .'deposed that 133 lessee's.were,interested in..the .petition", and.'there wero^.over ..18,000 acres .involved... All , , the petitioners we're lessees under ' the,,-West :Coast Settlement" Reserves Act. "..When; the lands were granted in 1860 and subsequently, the' lands 'were practically all unimproved .bush "lands,, and some were •. overgrown with gorse. The leases Were granted "at the. best improved ; rent obtainable," but.tho .lessees'-were bound to bring into cultivation certain portions of their lands. He urged thatin. construing tho leaso •it .was reasonable to read,it that the lessee was to bo paid for substantial improvements,' including .reclamation from the bush.. The: court, however,,had construed: the lease as being limited only to buildings, fixtures, ■■ and fences. .''.-;: .-' Other. evidence was given by Di A. • Pdole, farmer,,Aiiroa; E/R. Hastie, farmer/ Kaupokonui; Charles Andrews, Jesse Barrow, and J. W;.Poynton,. Public Trustee. • ■■■•■"■ ■ The Public Trustee admitted, in evidence, that when' these leases were granted'under the Act of 1881 a mistake was made. should have been incorporated in the leases, because it, was: quite absurd tohavo leases , given to hard-working men like :some of the settlers present, and. have' something' elsO'-of; an ,imJortant nature buried away 'in the Gazette, t-.wns-not the way it would be"done now, arid the fault lay there. By Section 8 ofthe I Act- of :i892; it was: distinctly where tho lessee converted his lease his right to improvements 1 , was limited,to £5 per acre. Anything -beyond .£5 per acre ho had:to pay to the •■ Native owner. ■ Over one hundred,: tenants accepted/and .understood .'thoso. conditions. Oyqr i one hundred:'tenants surrendered their leases' and either-pnfd Cash' forthe improve-. i ments-:o'ver--.E5 per-acro. 'or executed a-mort-gage';- - -'.'Until ..theso . gentlemen' came : to, ; see: me , tho pther!day," said Mr..'Poynton,."l-had not -'the slightest idea; that the tenants did • not know .their.position; It is an extraordinary thing that m ! a community of. lessees- there should 'bo : such a , number.: who .surrendered -their, leases, , - who considered i their, position and decided- to; come /in,-', and the i solicitors who considered: tho position did not' ..understand it. -.-''.' It"., is\. a .peculiar ■■ .phenomenon; \lt seems •. -as'■■;if;.: tab., whole"." commimity were affected- villi mesopopamia, or, in c jer words, loss; of memory." Tho office ■• had sent cir-culars-round, .successive Public' Trustees hod sent advertisements ~to thotenants and advertised ' in the' papers' : giving notice '• to , the tenants of ; tbeir right to convert, aiid there could be no complaint against, the office .since, 1881., He had suggested in his ..report that in order to get;pyer.tho difficulty any of those who did not know of • their position should -havo tho I full, right of all improvements as at':last j March.: Last March- the decision ,; was given in Tinkler's case, so that they.must'have known I.their' position .then, 'anil, if '..they; had made ■any improvements-, since then , beyond-<£s, per aero they: were very:-foolish." Tlie suggestion . that ihey ''should come in under, the 1892 Act -by. payih'g'- : ,'tKe,.'■ difference' betSve'eri ,'what. they were paying and What they, should have paid to-day was,: a .very'fair,. ono, To j>ay them for all, improvements .would be, to:-put them :in. a ■much ;■ hotter. , , position,/than : those -who -had co'mo in' under; tho '..-'Act 'of '1892, and paid the office :'for ':imp't6yements ■mote ,thaA .[£s per i acre.. Ho ..would object to'• that.; Tho tenants should' gut' fulli'iniproyemoiits'.up ,to <£5 ,per acre. There' should ;be no'change, of tenure Which would' dejfrive the Natives of tho opportunity ;of, reoccupyin'g thV; leaseholds, •, The "proposals, to- pay for; all -'.improvements .M;'-':existuig-'.,on;:Mareh'.'l,'-Viind. ; ;to.--.Bllowt-the': lessees to change their leases, from, the 'Act-'of ,1881 to , that .of, 1892, ,wcro, approvodv by, tho.. ,t)OtitionerS,i-tJn the" , understanding that each lessee .would -have twplve 'month's, wherein;, to 'elect if he would avail- himself.'qf-either of these options.,:;lf legislation was?to'be enacted' on these linos.the petitioners,suggested .thatj it.was all important, that tho improvements/ ; bs fon'March ;1 should bp valued Jmmedintely.' ; T.he:.Hon. ,'T. :Y..Duncan, chairman.'of, the committee, moved that the committee's, report, together- -with tho "evidence, -be- laid-'on, the table: : ; : ;v ;,:" ■ : - -..;■■.: .-,.-...-,,,:.,; , .-'..The -Hon. James -Carroll-moved an amend' "hient to ,refer' the petition ■'. :to".: tho ! : Native. Affairs Committee, which' was' the'.committee, -he said; that;.ought to'.deal with it.' ' ".'.-.■■'-■. ; •-..:' ; ; ;.Several members . 'objected 'that': this; would! mean,deferring the matter till.next session. -~: ' -After -a' discussion, the,.amendment, was carried by; 13 voiles to 20.;.'-; ■ '•:■'-.' '•' Mr,' llassoy;,said there,,'was ; a vory : strong' feeling o'ri the part- of, members that tho> objebt', - of 'tKe.'iamehdment;Was'Ho prevent any- ■ thing , being';.-done this'session; or during tho rebessi-.'.'.'"'-;Vj -';' -','. : ■■.■■'■■;:.■,:' 'S..'■'.:■ .".' '• - ; rvMrl: , .Carroll;"•■.:.'. I give that' , an ;eraphatio. •''. , : ',' : ' '■' ■ '■'■: . ;, :"'. .'■''■'■.''■"•"' : ■■ -. , : . Mr.'.Massey: lam very': glad to hear it; Ho , hoped:- that ■ tho report; ;of,. the Native Affaire - .Committee would come down at such .a time 'jthis'session; as'would.allow■ it : to , be dealt with lntheiordindry way. ' : ■ ■•; v ,'■"■..' ■' .-' >;. ■'