SETTLEMENT OF NATIVE LANDS

Taranaki Daily News, Volume L, Issue 61, 1 November 1907, Page 2

SETTLEMENT OF NATIVE LANDS

m THE GOVERNMENT BILL. ... The preamble of the Native Land Settlement Bill sets out that it is expedient to give effect to the recommendations of the Native Land Commissioners. One of its first provisions is that, as often as the Commission report to the Governor that any Native land is not required for occupation by the Maori owners and is available for sale or leasing, the Governor by Order-in-Coune/1 may declare audi land to be subject to this Act. It is declared to be the duty of the Maori Land Board of each district to ascertain the most suitable areas for this purpose. When land becomes subject to the Act, it will vest in the Maori Land Board of the district in fee simple, to be held in trust for the Maori owners. The Maori owners will have no power of disposition, but the land will still be subject to existing changes. It is also provided that all land winch is at present or hereafter may be vested in the Boards shall be dealt with under i this Act, and it is expressly set out that with regard to land which becomes subject to this Act the Board is not to exercise the powers conferred on it by the Maori Land Settlement Acts of 1900 and 1005. With the object of rendering effectual the provisions of this Act, the Governor is empowered to prohibit the alienation of a specified area of land for any period not exceeding one year, and, so long as that prohibition remains in force, it will not be lawful for any person witliout the consent of the Governor-in-Council to acquire or contract to acquire, whether by purchase, lease, license, mortgage, or charge, any estate or interest in such land. Any such contract will be void, but it is provided that this section will not invalidate any valid contract if made before the date of the prohibition. The section will not apply to any assignment, sub-lease, mortgage, or other disposition of any valid lease, license, mortgage, or other incumbrance of Native land.

The Bill then goes on to provide for the disposition by the Maori Land Boards of land which becomes subject to the Act. With the approval of the Native Minister, the Board has .-- divide the land into two equal portions* and to set up one portion for sale and one for leasing. The land must !)e cut up into areas suitable for settlement, and provisions made for roads. The land must also be classified into first, second, and third-class land. No one is to be allowed to acquire under any form of tenure any of the land which will bring his total holding up to more than live thousand acres. This provision, however, will not apply to an executor, administrator, trustee, -or beneficiary under a will, nor will it prevent an assignment by way of mortgage. In computing the total area, every acre of iirst-class land will be reckoned as seven and a-half acres, and every acre of second-class land two and a-half acres. The provisions of this section will not prevent the acquisition of land which in the opinion of the Board is incapable of occupation in areas of less than five thousand acres. Sales of land are to be effected by public auction or tender, the land to go to the highest bidder. The Board has to fix an upset price to be approved by the Native Minister. The purchase money may be paid by.instalments over a period of ten years, with interest at the rate of 5 per cent. The provisions of the Land Act, 1802, and its amendments with regard to compulsory residence will apply to the land so taken up. If the purchase money is paid in live years, the purchaser will be entitled to a transfer of the fee simple. Leases of land set apart are also to he sold liy public auction or tender to the highest bidder, the upset rental to be fixed by the Board. The term of the lease is limited to fifty years, without right of renewal, but with compensation for improvements to be fixed by arbitration. A purchaser or lessee will not bo capable of assigning his interest (except by way of "mortgage) or of subletting the land until he has resided continuously for two years, and then only with the consent of the Board. All

dealings with land vested in the Board are to be Hubjeet to the provisions )f the Land Transfer Act for the purpose of making surveys, roads, and bridges, and generally preparing for settlement or for the purpose of paying off liabilities on the land. The Colonial Treasurer (with the consent of the Native Minis-

tor) may advance money to the Board out of the Public Works Fund. The total amount which may be advanced to any one Board in a year is £20,000. These advances, with interest at the rate of 4 per cent., will be repaid by instalments out of the revenues of the Board. No land is to be offered for sale until it is satisfactorily roaded and bridged. The revenues received by the Board are to be applied in the following manner:—(a) In defraying the cost of administration; (b) in paying rates, taxes, and so on; (e) in repaying advances from the Crown; (d) in discharge of mortgage and other charges; (e) in paying the remainder to the Maori owners or beneficiaries. If, in the opinion of the Governor, any Maori Land Board fails to show due diligence in the exercise of its powers and duties, the Governor may remove all or any of the members and appoint others in their stead. Power is given to the Board to set aside reserves for the Maori owners anil to sell land as a site for a dairy factory, cheese factory, fruit-pre-serving factory, or creamery, or as a site

for any building required for any religious, charitable, educational, or public purpose, villi a limit of five acres. When the Commission reports to the Governor that any Native land is available for leasing to Maoris, the Governor may by Order-in-Council declare such land subject to this Act. In that ease the laud must not be set apart for sale, and the whole area must be set apart for leasing and none of it must be leased to anyone but a Maori. No such lease may lie assigned to any other person that a Maori, nor may it be sub-leased to anyone but a Maori. In the case o) any Native laud which has not become subject to this Act, the Governor is empowered to authorise the Maori Land Board to act as the agent of the Maori owners for the purpose of leasing. Mr. Herrics expressed his disappointment that n measure of such importance should have been kept back until the end of the session.

The Premier said that Mr. Herrics should see the Bill before criticising it. The Government had simply taken the four Bills dealing with land matters in their proper sequence. Members could not be given an opportunity to consult their .constituents in regard to every Bill that was brought down. "The members are all in good trim," added the Premier, "and we are only in the middle of the session." (Laughter.) Mr. Massey said that, in spite of any-

tiling the Premier might say, there would he very few members left in the House nt the end of another fortnight. Such work should not be undertaken in the dying hours of a session. Mr. Hoke said that he was strongly of opinion that the session was too far advanced for the consideration of a new xxative land policy. The Native Minister said that the time had not arrived to discuss the merits of the Bill. The Bill did not depart from the line indicated in the. Financial Statement, and he proposed to give the Native Affairs Committee an opportunity to consider the proposals. Later in tlio week he would introduce a "washing-up" Bill to deal with existing anomalies and difficulties. He would ask the House to refer the Bill to the Native Affairs Committee to report within ten days. -Mr. J. Allen: "We are going home within ten days." Mr. Carroll': "Why this haste to go home? This is the middle of the session."

The Minister's proposal was approved,