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Poverty Bay Standard, Volume XI, Issue 1347, 25 August 1883, Page 2

The material prosperity of the district depends largely on the satisfactory adjustment of our Native land titles. We therefore gladly announce that on Monday nex> V. ill begin a sitting of the Native Lands Court in

Gisborne, which, if the hiiportant business Gazetted for hoarlrtg, is transacted, as it ought to bp, cannot fail to contribute in no small degree to establish on an indefeasible basis many of the land titles of the district. In looking over the Gazette it will be seen I that a ponderous amount of work is required to be performed by the Court. Original claims to nearly one hundred In number are set down for hearing ; and there are some rehearing cases. But all these fade away into insignificance compared with the applications for sub-divisions. There are gazetted I for hearing three hundred- and fifty applications for sub-division. And when it is re membered that in many of the blocks for which application to have the shares individualized has been inade, there are on an average about one hundred owners, the mind may discern in the mist of figures, some faint outline of what is wanted. The rapid increase in the value of landed estate on this Coast intensifies rather than diminishes the difficulties to be encountered. An important work will devolve upon the .Judges, whose duty it will be to preside at the coming session of the Land Court, and we fondly hope that the district may be able to offer its con- ; grat illations to those gentlemen when the Court has adjourned sine die. In connection with the subject under notice, an important phase, which should not bo passed over silently, presents itself, and that is, whether or not the Court will permit lawyers and Native agents to represent suitors. It would be nonsense to say that both lawyers and Native agents are not absolutely necessary in carrying out land transactions between Europeans and Natives. Until that period arrives when every aboriginal in the country has alienated the last acre that he has for sale or lease— and not till then will lawyers and Native agents be no longer required in Native land transactions. Having thus expressed ourselves, our duty is to point out that in one particular sphere that class of the community referred to, are an unmitigated evil. That sphere is in the Native Land Court. We cordially support the views of the Hon. Mr Bryce, and the Chief Judge of the Native Land Court, Mr McDonald, upon this point. If it were declared by statute, that lawyers and Native agents were debarred from acting in Court the business of that court would be more satisfactorily carried out; less injustice would be done, and instead of its sittings being protracted for months to listen to the of lawyers, the practical issue would be that the work would be got through in far less time ; more to the satisfaction of the parties concerned, added to which, the advantage of the colony as a whole would btrverv great. F€r it must be remembered that the Native Land Court never was intended as an arena in which members of the legal profession should air their forensic eloquence. It is specially provided in the laws relating to Native land that whenever a question of law arises in any case before the Native Land Court the question can be referred to the Supreme Court for its decision thereon. Of Of the whole of the legal profession in New Zealand scarcely half-a-dozen have what might be called a Native Land Court pr&ctice. Yet it may be seen from the evils j these few occasion, how much greater will the calamity be, if that number was perI mHte.d to be increased. As is now i laid down by law, it is optional I with the presiding judges, whether or not they will allow counsel to appear before them. Nay, more, at any time even after such permission has been given it may be withdrawn. Plainly thus, the judge at any moment may order counsel to retire from the case he is conducting. This is not a dignified position for the profession to allow itself to be put in, but they, however, should be the best guardians of their own honor. Of the hundreds of cases set down for heaving, and to come before the Court on Monday next, what prospect can there be of the work being got through if lawyers are permitted to appear. Can a more irrational situation be imagined than that represented by barristers and solicitors arguing knotty questions bearing on tho English or Colonial land laws before a Maori assessor, who does not understand perhaps half-a-dozen words of the language spoken. Yet this has been often witnessed, and at the sittings of the Court in this district. If the Court will do what is plainly its duty, exclude from its precincts lawyers and agents, allow persons having business there to appear personally, a large amount of work, will we feel convinced, be carried out. As the Native Land Court is now constituted, men of intelligence and honor, possessing ample legal education are on the bench. Under such circumstances, suitors—European or Maori—will, we hope., have no cause to fear that their interests will be dealt with otherwise than justly.