NATIVE LANDS.

Otago Witness, Issue 2892, 18 August 1909, Page 34

NATIVE LANDS .

FACILITATING INDIVIDTJALISATION. WELLINGTON, August 12. Amplifying the suggestions ;which h« threw out at Papa-wai the other day for improvements so as to facilitate individualisation in regard to Native lands, the Hon. J. Carroll (Native Myiister\ , stated today — - • - " (1) With regard td partitions, provision will be made whereby, on the partition of any large block, a proper roading scheme will be furnished to- th« court before it parcels oxit the land "amongst tha owners. Native custom will be disregarded by the court, except where a block has been awarded to a tribe and this has been subdivided amongst the hapus, *or subtribes, composing the tribe. The purpose ' is to partition so that on completion o£ survey the various parcels are roaded for settlement either- by alienation or by sale, or "lease, or by the owners themselves effectively occupying- on a good title. " (2) As to' succession, it is proposed to v maSe an important departure from Native custom, or, rather',"" Native custom as defined.Jrom "time to time by the court, to secure uniformity* of practice. Rules of succession will be formulated for the guidance of the court. lam now considering the English law of succession, and if a. wholesale adoption of it will prevent the undue congestion of Nafcivo land titles it wilj" be whoily adopted. At "any^ate, there will be as dose an assimilation as is possible under the present circumstances. I would be strongly opposed to a violent departure from Native custom afe the present time. It is proposed that the court be given discretion to select from amongst the next-of-kin in the same- degree of relationship to the deceased tho>e " who, on .account ot other considerations, have greater claims. When the successors are determined as to a deceased person, who is the owner in other blocks, the duty will be thrown on the court of allocating or distributing these amongst the successors..The most, valuable effect will be from the point of view of the Maoris, who will be educated to make their arrangements for partition and succession, with a view to the easy utilisation of the land. To' approach towards the idea of individualisa•tion it is necessary to consolidate scattered interests. I think that this is more important even than partition. It can be effected by exchange, but the exchange, to be of much "use, has to be- done on a wholesale scale, affecting very many different blocks and different owners. The ordinary process of exchange will- be quite ineffective for the purpose. It cannot bs made sufficiently elastic, but exchanges now being carried o.ut require in the promoters a. high degree of business intelligence.,, I propose, therefore, that the court/ be' empowered to entertain schemes that . may be submitted to it by the Natives or 1 ' any locality or district for the consolidation of their interests. There will be a series of exchanges between individual*, families, hapus, 'or any number of Natiws conveniently grouped* according to their present relationship. The titles to many blocks will require to be amended, and many existing partitions will have to be wiped out or amended. Such an extensive undertaking will require the assistance otexperts from the Land and Survey and Valuation Departments. As the expense will be heavy, I do not think it will be too much to ask- the State to assist in unravelling the difficulties. Necessarily a, heavy burden will fall upon the owners - affected. The scheme when fully matured! should be submitted to the Governor-in-Council for approval, and an Order-in-Council approving the scheme should make it effective and operative. It then becomes necessary to cdme before the several departments of the State to carry out the details. Many registers will- require to be amended, and the orders of the Native Land Court and surveys .altered."