NATIVE LANDS

Dominion, Volume 9, Issue 2841, 4 August 1916, Page 7

NATIVE LANDS

THE "WASHING-UP" BILL

TREND OF LEGISLATION

The Hon. W. H. HERIIIES moved the second reading of the Native Land Amendment and Native Land Claims Adjustment Bill (the Native "Washing-up Hill"). The alterations of tho main law, he said, were very slight, but boforo dealing with them ho would like to refer to tho, general tendency of the Native land laws in the past four or live years. Up to 1909, since 1894, the private purchase of Native land .was forbidden «x----cept under special circumstances, while in 1900 oven tho Crown was prevented from purchasing this land, and this continued up to 191)9, although the door had been slightly opened in 1905. In 1909, however, all those restrictions were removed in one swoop, so that in 1910 there was a great deal of activity in Native lands. The wonder, to those interested ill tho land was that moro troublo had not arisen than had been tho case. Two methods were permitted for the private acquisition of laud. One was# "the precedent consent," by which, with tho consent of the Native Land Board, the purchaser could negotiate direct with tho owners. This, however, was now abolished, and the only method now by. which land could be secured was by a public meeting pf tho assembled owners giving its consent to tho transaction This was a new method, and was working excellently, although a few weak uesses had developed which were being guarded against as experienco was won. Under the old proxy system somo abuses had crept in because that proxy did not stato tho intention of the man giving tho proxy. This, however, had been remedied by making it obligatory for i> clear intention"to be expressed upon any special proposition. Certain clauses had teen added to the law with a view to eliminating tho spectacular, and those clauses had to a great extent checked speculation. Thero had been, ho admitted, somo purchases for speculative purposes, but these had occurred in tho early days of the! legislation, and tho Government had profited by them to stop the leakage, and •" he . could now assure the House that there was very little indeed- of speculative purchase of Nativo land. The general policy of tho Government had been to restrict tho privato right of purchase of Nativo land, and extend the Government right. "When the Government purchased the.laud it was bunded over to the Native Land Board to proceed with settlement. This policy, however, required money, and was limited by tho amount of money which the Government could spare for the purpose. Tho Nativo owners liked to receive money, but to guard their' interests in many cases it was provided that some of the money should be invested .with the Public Trustee. In one or two other cases debentures, which wore inalienable, had been issued for town blocks, with very satisfactory results. The aim of tho Government was to prevent the plundering of the Native, and members could rely upon the Government being activo in that direction. Ho believed that tho efforts of the Government were, on the whole, very successful. Some transactions that had been ventilated of late were now, lw considered, impossible, as adequate checks had been imposed, and the Bill provided for the remedying of tho last of these transactions. The present administration of the law would stand the most searching investigation. Some Amendments. The amendments now proposed permitted tho executors of large estates to claim certain expenses for tho administration of such estates, as was the case with pakoha estates. Another elauso validated certain transactions miidc direct between tho Government and the Natives without tho intervention of a Board which could have been set up. The terms of proclamation over areas intended to be purchased was extended from two to three years as, in war time, it wa6 found diflicult to procure the money necessary for tho purchase, and 60 the longer time was desired. Further clauses were designed to encourage the Natives to take steps to settle returned soldiers on the land. A further clause gave the Government power to renominate men to tho Maori Councils, as it was found that sometimes elections were not being held, i,md the Councils were_ falling inio disuse. It was also provided that where a Maori Council failed to collect tho dog-tax tho Gover-nor-in-Council could delegate that nower to the local European authority. " Tho special clauses for the adjustment of claims had all been fully investigated, and the House could bo satisfied that no swindle wao being workod. Native Scenic Reserves.

Tho Hon. A. T. NGATA. (Eastern Maori) said that owing to tlio existence of a National Government ho would not touch on tho general Native land policy ol' tho Government as in party days. Ho recognised that many improvements in tho law had been mado. The error made in Tegard to the establishment of scenic reserves of Native land had been that the Native owners had not been consulted, and the first indication that many of them had was tho final proclamation that tho land had been reserved. This was specially the caso in regard to a reserve at Waikaremoana. Tho method adopted in making this roscrvation was tho, very worst that could bo adopted by any Ministry, in that tho owner concerned was tho last man to bo consulted. 110 advised the Government to cither consult tho Nativo owners first, or, better still, ask thorn to donate Hie land straight out as a reserve. Mr. W. H. FIELD (Otaki) expressed satisfaction at tho fact that special provision was mado in the Bill for tjie collection of dog tax froui the Maoris. He thought that steps should be taken to secure tho payment by- Nativos of their just dobta. Ho had known cases in which

storekeepers had kept Natives for years, and iu which tho amounts owing had not been paid when money was received by tho Natives for land sold by them. In these cases the storekeepers Jiad not been concerned in any way in the sale of tiio land, but yet tho authorities had not only taken no steps to secure payment of tho debts, but had actually placed.obstacles in tho way of collecting the debts. The Hon Dr. POMAUE said that there was a great deal of talk concerning Maori dogs, but the pakehas, he said, also had dogs. Maoris were accused of destroying tho bush, but in tho old rtiiys Maoris worshipped the bush. It was noteworthy that most of tho laud taken for scenic purposes by Scenery Preservation Societies was Native lands, tho reason being that European lands had so often been denuded of.their scenery. Mr.W. 1\ JENNINGS tTaumarunui) ex. pressed gratification that so much progress had been made in connection with tho question of tho acquisition of the freehold by . tho holders of sections in To Kuiti, T;uunaruiuu, and other ' King .Country . towns. Mr. R. W. Smith (Waimarino) also spoke. The' Minister of Native. Affairs did not reply, and the Bill was read a second time on tho voices. Later the Bill was put through its remaining stages and passed. ORCHARD TAX BILL. The Hon. W. D. S. MACDONALD (Minister of Agriculture) moved the second reading of the Orchard Tax Bill, which was agreed to without discussion. The Bill was put through all stages and passed. WAR LEGISLATION DAYLIGHT SAVING DEFEATED IMPORTANT NEW CLAUSES. < 111 Committee on the War Legislation Amendment Bill, Mr. Sidey's time-sav-ing clause was defeated on tho motion that it be added to the Bill bv 2G votes to 2°. The division lift was D 3 follows:— • For the Clause (20) —Craigie, Ell, T. Field, Fletcher, Glover, Isitt, M'Callum, Dr. Newman, Ngata, Poland, Poole, Sidey, Smith, Statham, Thomson, Veitch, Walkor, Webb, Witty, Wright. Against (26) —Allen, Bollard, Buiclc, J. M'C. Dickson, J. S. Dickson, Eraser, Guthrie, Itenare, Herries, Hunter, MacDonald, M'Nab, Mander, Massey, Myers, Nosworthy,'Okey, Peariie, Ifomare, R. 11. Rhodes, T. W. Rhodes, Russell, Scott, W. Stewart, Ward, Wilkinson. Pairs:—For the clause: M'Combs, Wilford, Hornsby, Parata, Anderson, Hindmarsh, Brown, Dickie, Sykcs, and Buddo. Against: Herdman, finnan, Hudson, Anstey, E. Newman, W. H. '- Field, Coates, Talbot, Hine,' and Forbes. Now Clauses. A number of new clauses to tho Bill were introduced by Governor's Message. They included clauses making provision t° l ' the registration of the deaths out of Now Zealand of members of New Zealand Expeditionary Forces, and others; increasing the powers of dairy companies with respect to engaging in cognate industries,- such as the manufacture of rennet: modifying the Law Practitioners Act, 1908, with respect to solicitors who have enlisted for active service in the present war; giving protection for twelve months over mineral leases given over cortain lands in tho Nelson Land District; providing that no deduction is to be made from old-age pensions on receipt of a pension under 'the War Pensions Act; enabling the Governor to prohibit the use of certain words, such as "Anzac," having reference to the war, for tho purposes of trado or business.Technical amendments wore also proposedto tho Public Service Classification and Superannuation Amendment Act, I9OS. Amendments wero also provided for to tho War Funds Act, 1915, requiring the War Funds Council to keep separate accounts of tho moneys belonging to tho several funds administered by it, and enabling tho expenses of the audit of the War Funds to be paid out of the Consolidated Fund. Power was also given to .tho Minister to impose restrictions on the issue of permits to collect for war funds. All the clauses wero agreed to without much discussion. Enomy Aliens. ' Mr. J. Vigor Brown moved a new clause'providing that enemy aliens, whether naturalised or unnatiiralised, shall not be eligible to vote at any election, whether for members of Parliament or local bodies, and also debarring , them from membership of thesis bodies, as well as from hblding tho positions of. Justices of the Peaoe and other positions. The Primo • Minister said that it was tho intention of tho two members of the Government who were going to England to ask for uniformity throughout the Empire of tho l?ws 'relating 'to enemy aliens. In view of this, he asked Mr. Brown to withdraw his clause. Mr. Brown said that ho would not withdraw the clause, and he called a division. As lie was paired, however, he had to leave the Houso, and when the question was put after the doors wero locked no one called "Aye." The new clause was therefore lost on the voices. After all tliQ Bill as yet in sight had been passed, progress was reported, presumably' because tho Government intends to introduce yet other new clauses. i More Amendments, At a later stage in. the sitting amendments were brought down by Governor's Message. One new clause provided that no old age pension should be . reduced because of the receipt by tho pensioner of a .military pension. Another provided that the cost of tho audit of- patriotic funds should bo paid out of the Consolidated Fund. I'ho clauses were added to the Bill. The Bill was Tcad a third time and passed. Tho House rose at 1.3 a.m.