The Opunake Times TUESDAY, MARCH 26, 1895. CONFISCATION BY THE PUBLIC TRUSTEE.

Opunake Times, Volume II, Issue 76, 26 March 1895, Page 2

The Opunake Times TUESDAY, MARCH 26, 1895. CONFISCATION BY THE PUBLIC TRUSTEE.

♦ During the past few days holders of native leases have received the following notice: — " THE WEST COAST SETTLEMENT RESERVES ACT, 1892, AND ITS AMENDMENTS." FIRE INSURANCE. You are aware that your lease of the land described in the margin requires you to fully insure against fire, and, in the name of the lessor, all insurable buildings on the land. I beg therefore to request that you will let me know whether you have effected any such insurance, and that, if you have done so, you will send me the insurance policy, which should, of-course, be in my possession. If, on tho land comprised in your lease, there are any buildings on which an insurance or any additional insurance is to be effected, as required by the terms of the lease, I desire tbat you will, without delay, effect such insurance; and that, as soon as you have done so, you will send me the insurance office receipt for the amount of the premium. I beg further to request that you will arrange for tbe transfer into the name of the Public Trustee of any insurance which may have been effected under the lease otherwise than in that name, and that as soon as the transfer has been completely effected in the manner required by the insurance office from which the i:olicy may have been issued, you will forward the policy to me.—Yours obedientlv, W. Rennell, Reserves Agent, New Plymouth, Marcb 18th, 1895. The lessees have evidently fallen into a trap, by signing and accepting leases with such a covenant in, and the fact that heretofore they have always effected their insurances in their own names, and for their own benefit, is fair evidence that they were not aware of the force of tbe covenant. From a legal point of view, such remissness on their part is culpable; but from a common-sense point of view, what sane man would expect to find such an absurd covenant in a lease affecting rural bush land, which most of these leases deal with. If there were buildings already erected on the leaseholds, we could understand the lessor making a bargain that the occupier should insure such buildings in tbe name of, and for the benefit of, the lesser ; or if, as very often is the case with town sections, they are let at a merely nominal rental, with building conditions, and where the ultimate reversion of the buildings is looked upon as capitalised payment of current rent, then we can understand a covenant being inserted tbat the insurance should be in the joint names of lessor and lessee. In the present instance, however, neither of those conditions apply. On the contrary, such improvements, so long as they retain any value up to the extent of £5 per acre, are the absolute property of the lessee, and at the expiration of the lease, he is to receive payment for the same. We take it therefore that it i 3 implied by the Act that he should have full possession and enjoyment of them during the currency of the lease, and that he cannot be dispossessed of them until bis lease expires, and then only on payment of compensation. The Public Trustee has apparently made up his mind that justice and equity shall have no part in his administration, and intends confiscating all buildings erected by European occupants for the benefit of the Maori owners. This is turning history upside down with a vengeance. It is but a few years ago that the Europeans acquired the whole of this land by conquest, after an expenditure of hundreds of thousands of pounds in war, and a terrible sacrifice of life, of which every graveyard along the coast bears iti grim evidence. Then to pacify the natives, and prevent them starving, a paternal Government granted a return of a certain area. The greater part of this area, through being bush, and the Maoris.not having the slightest inclination to bring it iuto cultivation, remained a wilderness and a block to settlement for many years, and, if left to them, would in all probability remain in the same state till doomsday. Europeans were induced to settle in the district, and undertook to lease and pay rent for laud which they and their fellow colonists had previously purchased at such a sacrifice. Now, when the Europeans have made this land valuaable by clearing the bush, cultivating it, and erecting buildings on it, the Public Trustee assumes the power of Royalty, and issues a decree of confiscation over Europeans' property to hand the same over to th.i Maoris, who were the charitable recipients of the said land from these self-same Europeans. The attempt is simply a monstrous imposition. There is no mention of insurance, as far as we know, in " The West Coast Settlement Reserves Act, 1892," although extraordinary power is given to the Trustee to make, alter, or revoke regulations in connection with leases as he thinks fit, so long as they are not inconsistent with the Act. This regulation, we consider, is undoubtedly inconsistent with the Act, as it is clearly set forth that all improvements up to U 5 per acre are to be the property of the lessee, aud this covenant, which has apparently been inserted in accordance with a regulation made by the Trustee, interferes with the leasees'

saleable interest during the currency of tho lease. We are also perfectly satisfied that it was never contemplated by Parliament that he would attempt such a robbery as this, or provision to the contrary would have been made. If a lessee has a lease of 200 acres, and effects improvements, exclusive of buildings, to the extent of £2OO, assuming his rent not to be excessive, he would have a saleable interest up to this extent; or, under the scale laid down by the Cheap Money scheme, he could raise by way of mortgage fifty per cent., or £IOO on his security. If, in addition to these improv intents, he has erected buildings to the extent of £2OO more, and he retains the right to insure in his own name, his total saleable interest ia £4OO, or a mortgaging power of £230. Now, however, that the Trustea intends to confiscate his buildings, although having spent £4OO in total improvements, he can only deal with one-half of it as security, and would be only able to raise £IOO on it. In like manner it effects the total value should he want to sell, as the incoming tenant, in many instances, has to raise money on his purchase in order to enter. Tbe last thing one would think of doing would be advise any breaking of the laws of the country ; but in this instance we consider the lessees are being robbed, and any law which permitted such spoliation has every right to be resisted. We therefore advise the lessees to band togegether as one man, aud refuse to comply with the request, thus bringing the matter forcibly, before the Government and the members of Parliament, who, we are perfectly satisfied, are unaware of such action in their name.