MAORI LAND BILL

Gisborne Times, Volume XXVI, Issue 239, 12 October 1908, Page 1

MAORI LAND BILL

PROPOSED AMENDMENTS.

WORK OF NATIVE.AFFAIRS COMMITTEE. [Special to “Times.”]

WELLINGTON, Octobor 9. Tlio Native Affairs Committee lias made important alterations to the Maori Land Laws Amendment Bill. Clause 6, which provides tlmt futuvo alienations of Native. Land an the North Island are to bo confirmed by the Maori Land Boards instead of by tlio Native Land Court has received on addition providing for a oontmiianco of tlio present right of appeal. Section 7 of the Thermal Spring District Act. 1908 is 'amended by empowering the Governor to sot apart a land as a farm for the bonofit of the natives and prescribe the mode of administration. Tlio Governor may also on tlio application of the Native owners of any land proclaimed under the said act authorise them to lease it'if tlio application as approved by t'lio Maori Band Board and if the provisions of tlio Maori Bands Administration Act 1900 are complied with Another new clause enables the Governor ;to vary, amend, or revoke at 'any' time an order in council under the Act of last year prohabiting temporarily all private alienation of any area of Native Band specified by the Native Band CommisSALE AND LEASING.

In order to facilitate the operations following on the work of, the Native Land Commission the Bill as introduced provided for the issue of an order-in-council varying tlio division of any block dealt with into two equal portions for sale and leasing as required by the Act of last year.- Tlio Committee has instructed a provision directing the Board to so adjust matters that tlio land disposed.of ill any one year shall be divided as nearly as possible in sale or leasing in equal portions. The appointment of committees in the Urewera district is validated and provision is made for the setting up of a general committee to exercise the powers hitherto vested in commissioners. Section 8 of the Maori Land Act, 1905 (which provides for the future placing of Maori lands and leasing for periods not exceeding ffity years) is extended to apply to the Urewera district. The power of the Chief Judge to amend a decision of the Native Land Court after ascertainment' of ' title is proposed to be extended. subject to certain conditions to - decisions and orders heretofore or hereafter made by the Native Appellate Court. "The minimum 'period of flax and timber licenses granted by Maori Land Boards is to be extended from 21 ’to 30 years: The time for making application for united alienation of timber flax ,etc., under Section 26 of last vears “Washing-up Bill” is further extended to 6 months from tlio passing of this act, and provision is made for re-liearing of claims. PROVISION FOB SURVEYS.

A .nbW clause provides that the survey of papatapu .lands may be paid for out of moneys appropriated for the purpose by Parliament, and registered as a charge against tlio land. Another new clause enables the Native Land Court to make orders for the exchange of- land between natives. NATIVE'TOWNSHIPS. It as provided that when a native township that is subject to the native Townships Local Government Act' 1905 becomes included within a borough or town district, that Act shall cease to apply within such township. Section 19 o"f the Native Land Purchase Act 1892 (which’gives the Governor, power t<> sell Crown lands to natives and to impose .restrictions thereon) is amended by the addition of the w'ords “for the purpose of this section undivided interests acquired by the. Crown in Native Land shall be deemed to be Grown land. Clause 30, a lengthy clause added by the Committee, gives power to the Maori Land Board of the District to make an agreement with the Tongariro Timber Co. respecting a certain area of timber land in tlio Taupo West County. WORK OF THE COMMISSIONERS. A COSTLY LUXURY. C [Special to “Times.”]: r^

' WELLINGTON, Oct, 10. Mr. W. Herries, in his speech on the Native Land Bill last evening, urged the advisablenesk of appointing permenant Land Court judges in certain districts. These judges, he said, could also act as presidents of the Maori Land Boards in their respective districts, the Appellate Court remaining a peripatic body. In referring to the Native Land Commission, he said that the commission had presented reports-, dealing with some 3,155,000 acres of native lands. Of this area, however, it was shown that no less than 915,000 acres had already been leased to Europeans. After allowing (for tlio area required for the use of the Maoris, there -would be only some 473,000 acres to be set apart for European settlement. As the result of the commission, the commission had, in a manner, blocked settlement, as whilst it was dealing with the land, all transactions in regard to some 173,000 acres were absolutely barred. He thought that if the commission had not been appointed, and the Crown had gone on purchasing under its existing powers, the work-of settlement would have gone on just the same as .if they had not had a Royal Commission travelling round the country. He did note desireto detract from the undoubted abilities of the two members of-tlie commisson, but ho thought that it was an unnecessary and costly luxury. He thought that 'if the native land question were dealt with on proper lines the whole difficulty could be settled without any all. A member: You mean-free trade (

Mr. Heri'ies: No, I do not advocate free trade, but I think.the Maoris and pakeha sbould be brought together under proper restrictions- I have as great a detestation as anybody for the old system of free trade, which did not benefit either the Maori or the pakeha, .but only lawyers and others who preyed on both parties. Mr. A. T. Ngata said the lands excluded from the scope of_the Native I/and Conimisson were 650,000 acres in the Ure worn country, 400,000 in the thermal springs district, 500,000 acres of “papatupu" land in various districts, 316,177 acres under the East Coast Land Hoard and special Acts, and 193,277 acres under the West Coast Settlement Reserves, making m all 2,059,449 acres excluded from the work of the commission by statute. There were also about 2,000,000 acres leased, making 4,000,000 acres which the commission could not touch. Eight million acres, or less, were held by the natives under various titles, and over four millions remained that

could bo dealt with by tlio commission. The total area dealt with bv the •commission- -was nearly 1,800,000 acres, and reports; now in course of preparation converted a turther area of . noarly 950,000 a. Those reports could not bo laid before the House this session, but tlioy would bo presented to tlio Governor before the end of tlio 'year. Out of . tlio sum of 800.000 acres of native lands in the north of Auckland, the only area that had not been investigated was some 65,000 acres. It was not tlio function of tlio commission to carry its own reports into effect-.: Ho said that thirteen clauses of the Bill were oil the lines of tlio recommendations of the commission, and would give effect to all that it had recommended this year. ' j Mr. W. T. Jennings urged the necessity of removing the disabilities oi settlors on na'tivo lands in the King Country and of considering tlio present demands of settlers generally. He thought tlioro should have been a practical member on the {commission.', Mr. W. F. Massey, after referring •to what was apparently almost the “unwritten law’’of bringing down the Maori Land Bilk in the dying hours of the session, pointed out that the Nativo Minister had not fulfilled his promise of last year to introduce a consolidated measure this year.- Nothing was more ncceesary than a comElete consolidation of the Native ands Act. He referred to the good work done by the Native Affairs Commission in Striking out the proposed amendment of clause 11 of last year. 'ln respect to the equal division of lands tor sale and leasing, he feared that if the Native Minister had had his way there would have boon no land available for settlement oil’ the freehold tenure. As to the Native Land Commission, he said that out of 1,295,260 acres only 64,192 acres were recommended for sale. Tlio country, ho declared, was not getting good value for its money in connection with tlio commission. The work that the commission had been doing was only what might be done by the Native Land Department’s clerks. Mr. Jennings: It is like the Land Commission.

Mr. Massey: It is worse than tlie Land Commission. He (the speaker) was sorry to have to say anything about tlio Native Land Commission on account of its personnel, hut it was a fact that the recommendations of' the commission ivere useless as they had not statutory effect. He did not think it was right for the Chief Justice to be taken away from his high office to pick up such information as that which he referred. As a lawyer, Sir Robert Stout had no superior, but in regard to land settlement lie was not as practical a man. He (Mr. Massey) had heard of many cases in Which he had been misled by both Maoris and Europeans. He also objected to a judge being placed in the position of receiving money for work outside of his duties as a Judge. It was wrong in principle that either a Jndge or a member of the House should be appointed to the Commission. i

Mr. A. L. D. Fraser said lie was certain that no civil service could have done 'the work done by the Native Land Commissioners, who had made their work a- labor of love. He also said that the Native Land Laws Consolidation would do no good. They should repeal all their Native Acts and start' afresh.