THE NATIVE LANDS BILL.

New Zealand Times, Volume XXXII, Issue 5076, 30 June 1877, Page 3

THE NATIVE LANDS BILL.

The Hon. Mr. Fox, writing to the Ranrjilikei Advocate, says:—"You appear to me not to be well informed on the existing state of the law. The Government has not at present any such ' sole power' as you suppose. Ever since 1862 it has shared that power with the speculators, and the change now proposed scarcely seems to me to merit the vigorous condemnation you bestow. A few words will show how the matter really stands. Previously to 1862, by the 73rd section of the Constitution Act, no private person could purchase land from the natives. The sole power of doing so was vested in the Crown. In 1862, by Act of the General Assembly, that restriction was removed, and the power of purchasing direct from the natives thrown open to all the world. The same Act created a. Native Lands Court for the investigation of native title, and the issue of certificates to the native.owners, who could then sell to anyone. This Act was amended in 1865, '6C, and '67, as regarded the machinery of the Court, and other matters; but no change was made iu the matter of private purchase. In 1873 these Acts wore all repealed, and their provisions, by a new Act, consolidated and ameuded, and with oue exception the right of private purchase was continued as before. This exception was a power given to the Governor to proclaim districts within which the Act should not be in operation. In these districts the Court would have no jurisdiction to investigate native title, and as no certificates could be grauted in them, no private, nor, it would appear, Crown, purchases could be effected therein. The object of the exception was entirely political —to prevent the Government having the responsibility of enforcing the decision of the Court against rebel or dissentient tribes. Some proclamations have been issued under the Act, chiefly, I believe, about the Thames and other Northern districts; but wherever they havo not, the right of private purchase has continued as before, and everybody knows that such purchases and negotiations have been going on in almost every part of this island since 1873, and to the present hour. Natives are offering large blocks and having them surveyed for sale to private purchasers at this moment within ten miles of where I write. Now, the only reversal to the policy of 1873 which I can discern in the intended Bill (a copy of which is before me) in, that the power of proclaiming excepted districts given to the Government by the Act of 1873 is repealed. But the Government is not deprived of the same power as it has had ever since 1862, of going into the market and competing, as it does now, for our ' children's heritage,' with the private purchaser. The only reversal, or change, of policy indicated by the Bill is in this one particular of the excepted districts. The rest of the Bill is little else than a consolidation and amendment of the provisions relating to the machinery of the Court, the survey of the lands brought before it, and so forth. Provision is made, as in previous Acts, to prevent private speculators from attempting to purchase lands for which the Government is already in negotiation. There is no reference whatever to the confiscated blocks which the Government has hitherto held, as_ against private purchasers, to be already its own, under the form of ' The New Zealand Settle- j ments Act, 1863 ;' and there is no indication of any intention to throw these blocks open to private speculation. If I have correctly stated the position of tho case, I submit that there is really no necessity for the outburst of indignation and wrath to which you invite the constituencies through the length and breadth of the land. If they come together en the supposition that some great and fundamental change in the policy of 1873 i« goiDg to be made, over which it was necessary to get up an agitation at whito heat, they would, I fear, find that they were exciting themselves over a mare's nest, and the Government would have an easy reply to any resolutions they might pass. It is vory possible that the Legislature may think it prudent to allow the exceptional power of proclamation of the Act of 1873 to remain a 3 it is; but if there is reason why it should, it will scarcely require a general rising of tho constituencies to persuado it to make provision to that effect. Any way, I do not think they need, as far as this Bill is concerned, tremble for their 'children's heritage.' " _______^____