THE NATIVE COMPENSATION COURT.

Hawke's Bay Times, Volume 7, Issue 376, 14 May 1866, Page 3

THE NATIVE COMPENSATION COURT.

(Prom tlio Southern Cross, Slay 5.) The proceedings in the Native Compensation Court, reported in our columns, give some idea of how awards in favor of natives are made, and what price the province is likely to pay, in satisfaction of native claims, over and above the charges saddled on it by the Assembly, on account of the war expenditure. And when such things are done under the green tree, what will be done under the dry ? Extravagant, and even questionable, as have been some of the awards reported in our columns, there have been decisions by the Judges of the Native Compensation Court far more epen to objection, on equitable grounds, than these. The proceedings of the Court held at Port Waikato, whichliave never been reported in any of the newspapers, but a rough sketch of which we have received from a correspondent, are unequalled in their way even in Mr Fenton’s Court. 1 here the Chief Judge and his colleagues on the Bench made no scruple to hold open court contrary to law ; but that in itself was a minor matter. One can hardly expect the law to he scrupulously observed in Native' Courts, or courts for natives; but in the in stance in question we think the legal objection was the least that could be urged against the proceedings. If anything like an equit able award—anything that could be construed into an approach to equity—had been made, we would set little stress on the fact that the proceedings were altogether informal, and that the Crown, if it raised the objection, could set the award aside. But the Court, sitting at a distance from Auckland, and in imagined security from tell-tale reporters, followed the precedent set by another New 7 Zealand tribunal, (fortunately no longer in existence,) and decided according (?) to equity and good conscience. It will be in recollection of our readers that a few months back Messrs Fenton, Bogan, and Munro sat as Judges of the Native Compensation Court at Port Waikato. We shall select the claim of Ngatitahinga and Tainui to the Akau block, of one hundred and uiuty seven thousand acres, as surveyed by way of illustration. Of the total acreage, it was proved that the Ngatipous owned thirty-four thousand acres, winch were set aside for them. This block of land was included in the confiscated boundary, and the law provides that friendly natives ghall be compensated for land taken under the Now 7 Zealand Settlements Act. This is just and right; and no one could object to giving a loyal native full compensation for any loss he might sustain for the public good, So far everything was clear. The inquiry w 7 ent on, and it w 7 as proved that of the native population of the whole block, extending along the coast from Port Waikato to the north side of Raglan Harbor, fifty-five had gone to the war, and seventy-seven had remained loyal under Tamehana Tainui,. the chief, During the course of proceedings, the Court asked the Crown agent whether he whs empowered to elect that the compensar tion should be made in money or in land. Next day the agent stated that he w 7 ould prefer to give some in laud and some in money. The Court coincided, in this view. After taking the evidence, it was found that the Government w 7 as entitled to sixtyone thousand acres, and the friendly natives to ninty-one thousand acres. A tract of five.-thousand acres had been purchased by Atr Gibson, a settler, with the limits of this block. In May, 1865, he paid three-hun-dred pounds to the natives for the land, and they never questioned his title. For fourteen years he has run cattle on the block, paying the natives rent, and was on the most friendly terms with them. What became of Gibson’s claim we shall presently §se, . The Court having satisfied itself of the quantity of land that ought to belong to the mims rn 'me relxfiliyu, and the natives

themselves acquiescing in the justness of the distribution, the next thing to do was to make the award. The Court then asked the Crown Agent to endeavor to settle the case out of Court. The natives, as w 7 e have said, were satisfied with the division of lands made between themselves and the Government. Of the niuty-one thousand acres, the Crown Agent offered them thirty-thousand acres under Grown grant; one-thousand reserved for roads; and to purchase sixty-thou-sand for three- thousand pounds. The natives would not agree to this, but said they would have all the land in accordance with the Order in Council of the sth of September, which the Chief Judge read in Court. And here w 7 e may add that Mr Fenton stated in open Court that he had himself assisted in framing that Order in Wellington. On the Crown Agent returning into Court he stated the arrangement he had proposed to the natives. After arguments on both sides the Judges retired to consider their award. On resuming they gave their decision, awarding ninty-thousand acres absolute to the native claimants. Mr Mackay at once protested against this award, as the Court had given all the beach frontage to the natives. He denied the right of the Court to fix any boundaries ; and urged that it was very desirable to form a settlement between Raglan and Port Waikato. The Court had led him to believe that be could give compensation in either money or land, or both; and he was very much astonished at the award. The Chief Judge said the Government was bound by the Order in Council, and that the Court hadthe right to fix boundaries. As to the statement that land was wanted for settlement, they must have evidence of the fact, and not the mere word of the Crown Agent. Mr Mackay then asked for an adjournment until be could consult Mr Whitaker as to what land was required for settlement. This adjournment was not granted, and the Court declined to alter the award. Now, mark the effect of this award. The Court did not give back all their own land to the claimants. That would not have emasculated the claim of the Government. The Chiet Judge, and his subservient colleagues on the Compensation Bench, took it upon themselves to fix the boundaries; and they actually awarded to the loyal natives laud which belonged to themselves and the rebels, conjointly, and which in law and equity was forfeit to the Crown. The Compensation Court awarded ninty-thousand acres of land, extending along the beach from Raglan, to Pert Waikato, bounded by a line drawn northward from Pukatuiu, so as to enclose that quantity. This encloses every acre of good and available land in the entire district, as we know from actual observation. It gives the whole of the sea frontage, and native settlements and cultivations between Port Waikato and Raglan to the seventy-seven fortunate men who did not go to the war; and it throws the Government back upon the worthless fern land, to which there is no available road, and which for sale is absolutely valueless. With regard to Gibson’s block, that was thrown in with the sixty-thousand acres set aside for tho Government, and the natives have been awarded two-hundred and fifty pounds of compensation for their loss ! The natives had already been paid three-hundred pounds by Mr Gibson ; he is summarily dispossessed by the Native Compensation Court, and his land handed to Government, which is assessed in two-hundred and fifty pound damages, not for Gibson’s benefit, hut to make good the natives’ loss on what they had already sold and got paid for ! Need we go any further to prove the mischief and injustice inflicted on the country and private individuals by this Compensation Court ? Is it not clear as noon-day that the court is a machine for giving effect to peculiar crotchets, at the expense of the colony ? W herefore should a Chief Judge procure the issuing of an Order in Council for the purpose of altering the policy of an Act of Assembly, if this were not so ? There was no secret made of this proceeding. It was declared openly in court. It was set forward as a justification of the award ; but even the Order in Council can hardly he construed into giving the Court power to award to natives land which never belonged to them. We may say, in conclusion, that the Court refused to reconsider its decision, although it had, with fear and trembling, reconsidered that part of the award which handed over to Ngatitahinga and Tainui the ninety-thou-sand acres in question, covering a smil disputed block claimed by Honana, ofNgatimahuta. Honana did not tacitly consent to forego his claim to the land because (be Judges in their wisdom—or to make work fur the Native Bands Court, of which they &rp likewise Judges, by perpetuating inter-

tribal disputes—had decreed that ninetythousand is given to Ngatitahinga and Tainui.” Honana demurred; and a Maori chief has a peculiar method of filing a demurrer, which the learned Judges very well understood. And so they made a second award, adding to the former these words : “ As regards the claim of Honana, he has the same possession as before, the land having been given to the native owners thereof,” Now this is a nice little bone for the Judges of the Native Lands Court to pick hereafter. Who are “ the native pwners thereof,” seeing that the Court gave it to Ngatitahinga and Tainui, without prejudice to Honana’s title ? Of course it will come up for future adjudication; but in the meantime the award sets forth that which is absolutely untrue. The land was not, in fact, handed back to the native owners thereof only a small portion indeed having been restored to them in that form. We have not done with this subject however. The Native Compensation Court furnishes us with ample material for further comment; but our space does not admit of proceeding at greater length to-day.