NATIVE LANDS

Rotorua Morning Post, Volume 1, Issue 23, 19 September 1931, Page 3

NATIVE LANDS

COKSOLIDAT1NG ACT ("Post" Special Commissioner) . WELLINGTON, Friday. Described as being the largest single Aet in the Statute Books of New Zealand, the Native Land Consolidation and Amendment Bill of 567 elauses was introduced into the Honse of Representatives by Gover-nor-General's message. In answer to questions, the Hon. Sir Apirana Ngata, Minister of Native Affairs, said the measure, in addition to being a consolidation of the law affecting native lands passed during the past 21 years, was also a co-ordination and adjustment of various sections wh'ich time and experience had shown to be eitlier inconsistent, repitition or. doubtful in their application. The last consolidation was in 1909. Most of the sections in the Act from 1914 to 1930 which had been dropped, referred to war matters and other matters of which the effect had been spent. By the Bill ; the provision of 23 separate Acts wero consolidated, and over 1150 sections were either consolidated or rei pealed. i According to the explanatory me- ' morandnm the general principles of ' the Native Land Act, 1909 have been retained, as is the more rigid sy- ; stem relative to aggregation intro- ! duced by the 1913 Act. Anction Saies Dropped i The provision for the handing over of lands for sale by auction has never been availed of and is dropped. The 1913 Act provided among other matters for a register of freehold 'land, a lcind of domesday hook which shonld be kept at the head office, comments the memorandum, which adds: "The idea was excellent in its conception, but the expense of undertaking it was very formidable. When completed, it would be a trap for the unwary and would be apt to be misleading, since the Maoris use different names for one person with regard to their connection with different tribes, or because of some incident giving rise to a deseriptive namo being applied and recognised. Even in the locality where these people and the circumstances are Inown, it is extremely difiicult to identify all the names by which one Maori is known, and this would be f- fcill more difiicult at a distance. For this reason the provision for a register of freehold land is not retained in the present Bill." Gemeral Succession. Order Concerning the proposed discontinuance of the provision for a general succession order, the memorandum states that the law was scareely practicable as succession to a Maori depends upon so many circumstances that no general rule can be applied. "Maoris will have a contest as to the source from which the riglit accrues," adds the memorandum, "but once this is settled no one except the younger ones imbued with Furopean ideos of succession ever attempt to gainsay the finding of the eourt. If the land is derived from both parents, then tbe iriterest is divided according to the proportion of it derived from either side and if there is any doubt as to the quantum, the court generally treats both parents as of eoual right, but only if there is no possibility of measuring the respectivo interests. Thus, to grant a general succession order would whiie perhaps saving a little time bring about unending confusion." The memorandum notes that the Bill if passed as drawn will be the 'argest single Act in the Statute Books of New Zealand.