NATIVE LAND BILL.

Gisborne Times, Volume XXV, Issue 2225, 31 October 1907, Page 2

NATIVE LAND BILL.

ANOTHER BELATED MEASURE. BROUGHT IN AT THE ELEVENTH HOUR, STRONG COMPLAINTS BY MEMBERS. SPIRITED PASSAGES AT ARMS

Special to Times. WKJjJjINGTON, Oct. 30. The Government's Native Land Hill, which is described as “an Act to ’make further mrovißion for the settlement of Native lands,” was introduced in the House to-day by Governor’s messago. 'Mi-. Her.ries said that ho would like to have a statement from the Native Minister as to the .course t.iiait lie proposed to follow in connection witlh the Bill. Ho hoped it would be sent to the Native Affairs Committee. At the same time ho expressed his disappointment at the I let that it seemed to bo the fate of all Native Hand Bills to he brought down at the tail end of the session. It was grossly unfair to the Native mtimbers, as they would not have f ine to consult their constituents in

regard to the alterations proposed, lie hoped that no radical alterations in tlio law would ho proposed at this late stage of the session, as it was utterly impossible for members to give such a measure the careful consideration that it merited when they wore exhausted and fagged, and when the remaining .time at their disposal was so limited.

STATEMENT BY THE PREMIER. The Premier said that it was to- bo regretted the lion, member should express opinions before lio bad see'll the Bill. As to tho alleged delay, it should not he forgotten that they were only just finishing tho Government’s land legislation, and to insinuate that tho Nutivo Land Ball In id been kept back purposely was to suggest what was contrary to fact. He had announced from the start that after tho Taxation Bill the Land Bill would he taken, and that tho Endowment Bill and the Native Land Bill would then follow in tin at order. This order bad not been departed from. As to the point raised by Mr. Herries that the Native members would not have an opportunity of consulting their constituents, he asked wliat opportunity European members had had of consulting their constituents regarding tho land and tariff Bills—no opportunity at all. The remarks of Mr. 'Herries were tVintainount to a suggestion that the Native members had not got the intelligence necessary to enable them to; understand the Native Land Bill. Ho took exception to such a suggestion. The proper thing was to refer the Bill to the Native Affairs Committee, and when it came back Hie House ought to he able to get it through without- difficulty this session. As to members being fagged, he had never seen them looking better, “wild,” he added, “wo are only in tho middle of- the session.” (Laughter.) “Look nt Mr. Kaibau,” he continued; “he is in fine form.” Mr. A. L. D. Fraser said ho had only been in the House about two weeks during the session.

The Premier thought that the Native Affairs Committee .should he able to report the Bill back by November 9th.

,slr. A. L. D. Eraser (chairman of the Committee): We cannot sit until the stli of November. The Premier: I think the committee could sit every day. Mr. Eraser : We could do so, hut the Committee will not meet till next Tuesday.

The Premier thought that by close •application tho Bill could bo got through liv the time mentioned. The present Bill, lie said, was not in anv sense a “wasliing-up Bill,” hut dealt only with such matters reservations for natives and the system of tenure to he adopted in connection with Native land settlement. MR, MASSEY’S VIEWS.

Mr. Massey said that in spite of the airy way in which the Premier dealt with the matter it was a fact that at the end of 14 days from now very few members would he left in Wellington. There was no surer sign of the approaching end of the session than the introduction, of a Native Land Bill. The Premier was not particularly happy in his parallels 'when he referred to the Land .Bill as if it had not been before tlio country. “Why,” he said, “we had a Land Bill, not this year’s Bill, intiroduced last year.” The Premier referred to this year’s Land Bill. Mr. Massey: Then you admit that this year’s Land Bill was nothing like the Land Bill that we had last year? (Laughter.)

The Premier: I admit nothing of the kind. Mr. Massey said that the land question had been discussed throughout the country during the last recess. The tariff question hnil also been before the country for years. The Premier: Tlie Native land question lias been before the country for the past 20 years. Mr. Massey: Yes; and a pretty muddle Parliament lias made of it. He hoped that no attempt would be made to deal, with the question finally this session. The Government should bring down amendments that were absolutely necessary, and then introduce an up-to-date and comprehensive Bill next session, even if they took a whole session to deal with it it would be time well spentMr. He'ke said he agreed that Native land legislation should be brought down early in. the session. As showing tlio undesirahleness of bringing down such Bills at tho end of a session, lie referred to errors which had occurred in the past, and in which the Bills as passed had failed to give effect to the intentions of tlie Legislature. The mistakes, bo said, were due. to nothing else than, the haste with which these Bills were put through at the end of a session.

Mr. A. L. D. Fraser arid that lie would have been inclined to agree with Mr. Herries’ remarks as to the delay in bringing down the Bill but for the Premier’s assurance that tljev were still in the middle of the session. This being so he had to .con-; gratulate the Government on bringing down the Bill so early. (Laughter.) It seemed extraordinary that a genorol policy Bill, if it were such, ■should he brought down now in view of the fact that the final report of the Native Lands Commission was not likely to ho brought down till 1909. He wished to know whether it was intended to bring down a “■washing-up Bill” this session? Mr. N"ata also expressed- regret at the Bill being introduced so late in the session. Ho thought that if there was any danger in a hurried discussion of their passing clauses which they would afterwards regret having passed it would he better to postpone the measure until next session. He was glad to hear that the present Land Bill was not a consolidating Bill, because it would be futile for any Government to attempt to deal with sucli a measure at this stage of the session. It would take three or four good men at leant -ix months to deal with the various Acts relating to Native lands. Before they could have, a satisfactory consolidating incisure they needed to have a definite policy from the Government. They should have the policy first and consolidation afterwards. In the compilation of a coneolidating Bill they should not rely uiioii the ordinary resources of the Department, blit should engage the assistance of moil experienced in native land mutters, such as Messrs. H. it. Bell, C. P. Skerrett, and A. Morrison.

The Native Minister (Hon. J. Carfoil), in referring to the complaints as to the delay in bringing down the Bill, said that although they had not had the Bill, the Native land question had been discussed by members, especially Messrs. Massey mid Herries, on every possible, occasion during the session. ■Mr. Massev: We were referring to the Bill.

Mr Carroll said that generally speaking Hie Bill contained no depaituro from tlio. line's of policy laid •down in the Financial .abatement. He would move that tho Bill be referred direct to tho Native Aliaiis Committee. Referring id a _ question from Mr. Fraser, lie said that it was his intention to introduce a “iwusluimg-nip” Bill to remove anomalies and irregularities which were a.t present interfering with the efficient administration "oi itlio iaw. As to tho want of time, ‘.‘why this haste, ho asked, “to get away? Why not. stop and do the work of Hie coun- ' The Bill was referred to tlio Native Affairs Committee, .with an instruction to report within ten days.

THE POLICY BILL,

LAND FOR SALE AND LEASE

Tho Native Land Settlement Bill, was brought down by Governors message this afternoon, but lias not yet been circulated. . The first clauso deals with Hie vesting of land in Maori Laud Boards. Clause 3 provides that, when and as often as tho local commission has reported to the Governor whether before or within one year after the passing of tlio Act, any Native land is not. required for occupation by tho Maori owners, and is aviaila file 'for sale or for leasing, i.fc shall lie lawful to declare that such land shall bo subject to tho Act. All land which so becomes subject to tho Act shall bo vested in the Maori Land Board of the district. Land so vested shall be held m trust for the Maori owners, hilt such owners are not to have the power of disposition. Thetre are pro visions for restrictions in regard to powers of alienation.

In regard to the disposition of land by Maori Land Boards, the Beards are to divide lands subject to the Act for the purposes of sale and lease with tho approval of tho Native Minister into two poa-tions, approximately equal, and set apart one portion for sale and the other for leasing. * . Clause 14 provides that tho maximum .area to be held by any one person shall not exceed a total of 5000 acres, as provided in . subsequent clauses. For the purposes of this section the interest of a Maori in any land that Iras not been partitioned shall not Arfedeemed to he land owned* he'zgPSr occupied by such Maori within the computation of the total area mentioned. Every ac-re of first-class land shall he reckoned as 71 acres, and every acre of •second-class land as 2j acres. SALES.

Land set apart for sale under tlie authority of the Act shall be sold by the Board by public auction or tender, after public notification, to the highest bidder or highest tenderer. The Board in offering tlie same for sale shall fix an upset price, to be approved by the Native Minister, and ao land shall be cold below. the price so fixed. Ten per cent, of the purchase money must he paid on acceptance. Five per cent, interest is to be paid on all purchase money unpaid. The provisions of the Land Act, 1892, in regard to residence are (to apply. A purchaser is to he entitled to a transfer of the fee simple of the land after five years if he has paid the whole of the purchase money and interest to date. LEASES.

Leases (are to be by public auction or tender. All such land may be •ieased for any term which the Board, with the approval of the Native Minister, thinks fit, not exceeding a term of fifty years, as though of renewal, but every such leases must hake effect in possession within six months after the date of the grant thereof.

' There is provision for revaluation for improvements, and 'a record of ouch improvements being noted from time to time.

TRANSFERS AND SUB-LEASES. ' There are provisions in tlie Bill in regard to transfers and sub-leases and registration of titles. Advances of tlie public works fund for surreys, reading, etc., are to be made, and no land is to be offered for sale or lease until it is satisfactorily

a'cuded and bridged. There is power for the Governor to remove any Maori Land Board chat fails to ac.t with due diligence. Certain lands are to be set aside for leasing to Maoris, and Europeans cannot deal in these lands.