VALIDATION COURT.

Gisborne Times, Volume VI, Issue 163, 22 July 1901, Page 3

VALIDATION COURT.

(To the Editor of Times.)

Sir, —That in your various leading articles re the Validation Court and Trust Estates you hit “ the nail upon the head ” a “straight from the shoulder ” blow, there can, I think, be little doubt. 'When a number of settlers, perhaps a score or less, of this district found themselves unable by reason of technicalities to obtain valid titles to Native land which they, acting on advice of their lawyers, had “in fact ” bought, they very naturally clamored for an Act of Parliament to relieve them, and in this behalf the citizens of Gisborne gave their valuable help. All then concerned, except, perhaps, those of the legal profession, contemplated the granting of titles to those who had honestly and fairly bought, leaving the residue to those of the native owners who had not sold, or | mortgaged, or leased, as the case might be. Nearly every applicant for relief eventually obtained, under the Act which was passed, a Land Transfer Act title, myself among the number. So far so good, in so far as the area granted to individuals in

fee simple is concerned. What its total is is a matter of searching records. Mow comes the trouble. The Judge of tho Native Land Court, who, it is said, drew tho Act and rules and afterwards worked them in this district, seems to have been imbued with the idea that the Court so set up would make an A 1 Court of Chancery for New Zealand, and when after

giving to purchasers titles for their respective awards he found lying in his Court awaiting decrees to the various groups of Maoris, non-sellers, non-mortgages, ornonparties to any dealing whatever in large

areas of land, he, instead of promptly making decrees for these areas to such non sellers in tho place of the titles which under his own rules he had ruthlessly destroyed by cancellation, he left the smaller areas naked as regards title, tolling the Maori owners that they could get their lawyers to draw up decrees and he would sign them, whilo as to the larger areas, they being presumably doomed worthy of more attention, the Validation Act was so strained and wrung about from time to time as occasion required as to make it completely unrecognisable, and few of those honest and unsophisticated citizens of Gisborne who, with the best possible intentions procured its passing, would to-day know it for tho modest measure intended by them solely to give tho honest purchaser a valid title to what he had bought and paid for. It will bo remembered that of so temporary a character was the moasure thought to be that a period of, I think, three years was mentioned as the probable time of its being in force.

Day by day, however, now possibilities appear to have opened out to the Judge, and to put it shortly, all lands which were decreed as mortgaged, also all unsold or unmortgaged lands of largo area, wore, without consulting tho owners, removed from what was then called the 44 toils ” of tho Native Land Court and dragged within those of the Validation Court. No doubt, the legal gentlemen, or, at any rate, most of them, scented approval of all this, and gave the Judge every assistance in the direction in which ho seemed desirous of going, and tho result was that when he vacated office he had placed the lands indicated in such a com-

plicated position as to completely lock them up for all practical purposes. There-

fore, while the Validation Court settled a large area of land in tho district, it has locked up, and kept so, an area perhaps much larger than that which it settled. Tho second Judge followed in the footstops of tho first, but happily did not remain long. Tho third, the present one, appears to have different opinions, and happily has the courage of them. Parliament set up machinery 'whereby' to validate purchases of native land. Liko tho man who was asked to 14 explain his explanation,” it is now to be asked to 44 vali-

dato its validation.” Now, sir, as there arc many thousands of acres of land apparently entangled in the toils of the so-called Validation Court, with no immediate prospect-of emerging therefrom, many, if not all, of them being a burden to tho ratepayers, without any corresponding gain, would it not be reasonable and in every way justifiable to movo Parliament during tho present session to repeal tho Acts under which this Court has existence, such repeal to bo post-dated to such a day as would give it reasonable time to wash up its dirty linen ?

It is monstrous that a Court of unique origin set up for purely temporary use, and consequently having nothing inherent in its status, should bo allowed to continue its existence for purely illegitimate purposes. As regards the unqualified support which your contemporary has always given to tho Validation Court and its unique proceedings, I can only conclude that in common with many others, it has been misled, hence its failure to raise its voice in protest.—l am, etc.,

W. F. Hale, Tolago Bay, 11th July, 1901.