NATIVE LANDS LEGISLATION.

New Zealand Times, Volume XXXII, Issue 5147, 21 September 1877, Page 6

NATIVE LANDS LEGISLATION.

.(Communicated.) We indicated in a former paj&r thiat with a view to the administration of “ native laud” in the joint 'ltilfefests ofi settUihqni” and of the Maoris, that first necessary step is'to ascertain the personal owners of each block, district, or section of “ native land,”' and that for this purpose there if required some tribunal possessing the confidence Of the Maorisiand of the colonists.- It would then, wo said; be found that the roll of owners, “ according to native custom,” of any block, 'district, or section, would include many of persons quite incapable of or utilizing'their respective shareji advantage. We now affirm our setjdgd opinion that the whole problem of special, legislation for “native land” should be "confined to these three points, viz., the ascertainment of the personal owners,'the classification of capable and incapable owners, the appointment' of proper guardians or managers for the latter class.” We'are convinced that no f legislation which shall include all Maoris in one category will give such satisfaction as is absolutely necessary in the “interests of settlement or in the interests of justice: . There are many individual Maoris as capable of managing their own private affairs as are the general run of colonists. Shall-we deny to these, the right to do as they please with their own land 1 But there are very many other land owners “ according to native custom,” totally incapable of protecting their own interests against the cupidity of “ smarter ” individuals of either race. Yet, in a sense, these incapable persons are “ men,” and when they have been cheated of their land they are not likely to sit down quietly and acquiesce in the spoliation. At best, they will be 1 left as a pauper burden on the colony. We think that it is the duty of the State to prevent this result. But it; will be objected to the views here stated, that after all they are a mere statement of principles, and throw no light oh how these principles can be carried into practice; but that surely is the business' of Parliament. The highest, best, and most sacred duty of the representatives of the people is exactly this, viz., that having agreed upon the principles or objects in view, they shall proceed to create the machinery by which such principles or objects can be effected. Yet, with all due diffidence, we will essay some hints upon this most important part of the subject. What, we ask—what sort of tribunal would satisfy the high, and almost or quite glorious English mind, that justice had been done in such delicate operations as the determination of title to land, and the claims of individuals to the rights and privileges Of citizenship in our free land 1 Establish such a Court, and we venture to say it will obtain and retain the confidence of the Maoris as completely as it will that of the colonists. Nothing less than such a Court will content either race. We would not be understood to insinuate a word against the present or past Native Lands Court judges personally; on the contrary, we consider them entitled to hio-h praise in that they have done no greater mischief than now afflicts the colony in the shane of numerous ruinous law suits and bitter annry feeling. It is the law, of which they are the administrators, of which we complain. Let colonists ask themselves, if all documentary evidence of titles to land in the city and suburbs of Wellington were accidentally or' otherwise lost or destroyed, to what sort of tribunal would citizens be willing to submit the determination of claims to have fresh written titles granted to them ? Are there no poor, or unlearned, or otherwise incapable persons among us who, if all documentary evidence of title were lost, would require protection by a righteous tribunal against the cupidity of others °of us? Well, that is the position of native owners “ according to native custom.” They have no documentary evidence of title, and they are quite as ready to rob each other as we are, perhaps even more so. But it may be objected that our illustration is absurd ; that no human tribunal could rehabilitate citizens if all documentary evidence of their titles to land were lost. That is probably true, but Parliament would be compelled to do the best it could in the circumstances, and we can imagine the anxious care with which general principles would he laid down, according to whichtitlesshonld. be re-issued. And so also with “native land.” All we know of it at present is that it is owned by some Maori or other, that there are rival claimants to almost every foot, of land in the country, and that the evidence of title is in most cases extremely intricate and altogether oral. Experience has shown that the system of nominating ten grantees and handing over to them the title in fee simple of blocks of land has worked very badly. In most cases the grantees have sold or otherwise disposed of the land for their own benefit, and the hulk of the people have got While therefore it would be unjust as well as highly impolitic to refuse to all Maoris therighttodo as they please with their own land, the bulk of the race require protection against individuals of their own people as well as against European speculators. But it will still be asked, “Where shall we find a tribunal which may safely he entrusted with the high and onerous duty of determining title to land without documentary evidence, and of distinguishing between persons able to manage their own private affairs and others at present incapable of doing so ?” We think such a Court may ha constituted. Get first a man trained to hold the balance dispassionately between contending parties. Get him from Home if necessary. Let him hold his appointment from Parliament. His business shall he to take evidence of native custom in relation to laud, and to lay down from such evidence general rules or principles by which title to land shall for the future be determined. Then let Parliament embody these rules and principles in an Act, and constitute a Court for the administration thereof. This Court also should consist of picked men, assisted by native assessors or juries, holding office during good behavior. By means of such a Court the existing useless tracts of “ native land ” • would be brought into use, partly by such individual Maoris as might be entrusted with the management of their own affairs, and partly by the Board, or other persons appointed guardians of the bulk of the native race. It is to be presumed that such a Board would not require special legislation to compel it to use the land in the of settlement,” since so to use it would also-be to the interests of thenwards or clients.