WEST COAST SETTLEMENT RESERVES.

Taranaki Daily News, Volume LII, Issue 214, 15 October 1909, Page 2

WEST COAST SETTLEMENT RESERVES.

\liiie annual report of Hie Public'trustee contains sonic interesting reference to the position of tne West Coast Settlement Reserves. Xue tenants, says the report, hold leases under two systems. \\ lien the Act of IS!/:! was passed it I gave a right of perpetual renewal, with I protection for all improvements, to lessees who took holdings after ;!ie passing of the Act. Those who were tenants under the Acts of 1881 and 1887 were by the Act of 1802 allowed to change their leases so as to come under the .provisions of the latest Act. O.ne of the conditions was that tliey would have to pay a new rental based upon a valuation "of the land when the choice was made. As many of the lessees were paying very low rentals compared with the value of the lands in 1802 and afterwards, they did not elect to come under the 18!)2 Act. During the present year two of the old leases expired, and, as there were several-points that required elucidation, a Supreme Court decision was obtained, the office paying the whole of the costs of the case. The Court de> cided that the leases were perpetually renewable, but that bushfelling andgrassing were not improvements. As many of the tenants had spent sums of money on clearing ami grassing, this interpretation is hard on them. Unlike the lessees under the 1892 Act, who own all improvements, the lessees under the earlier Acts are protected up to £5 per ace only, and, as it was be lieved before this decision that all kinds of improvements were included, some of tllem have borrowed on tlieiu. The Act should be amended to cover all improvements up to the amount of £3 per acre. An effort will probably be made lo pat lhe lea-!;* under the former Acts on the same bais as those granted under the Act of 1802; but this should not be done, for these reasons: —(1) Opportunities have been several limes given to the tenants to change their tenure, but they did not accept them. Paragraph (k) of subsection (3) of section; 8 of the Act of 1802 gave them twelve months in which 'to change, lly section 10 of "The Native Reserves Act Amendment Act, 1893," this term was extended to four years, and by section 20 of "The 'leserves, Endowments, and Crown and Native Lands Exchange, Sale, Disposal and Enabling Act, 1898," two re years were given. The new rentals of 'three leases which fell due this year show what a low rent the tenants were paying under the old leases, and why they were reluctant to change: Old rentals, £l.->7 Is Id; new, £049 (is (id. (2) fn dealing with these reserves there was not sufficient land reserved for the occupation of the natives if they should at any time desire to farm their lands. Suitable blocks should have been selected and leased for long terms, but not perpetually. As these leases fell in, the blocks in I heir improved condition could have been offered to the natives. The peculiarity of the tenure of the 1881 an 1 ISB7 Acts gives the natives an opportunity of selecting some of the leaseholds for fanning. Under the 1892 Act renewals arc automatic, the rent, apart from the value of the improvements, being lixed by arbitration. There i.. therefore no chance of a native getting inlo oerupaiimi of one of the leaseholds • under ihe Act unless he. buys out the tenant. Under the earlier Acts the vain," of Ihe improvement* up to £5 per acre is lixed by arbitration, and the rent by public competition. As the natives receive buck llie rent, if they desire lo compete Ihey tan. of course, outbid anyone e]-e. urn! <-nii again get into occupation of ihe leaseholds, by paying the lessee for the improvements, which are limited lo £.i per acre. This is theonly eliancc Ihey have of getting suitably sized farms in their own districts, and. although Ihey may not take advantage of i|, they should not be deprived of the first opportunity of changing (heir tenure. The leases" are fairly sent Herod throughout the reserves area and are of good land. The number of leaseholds under (he 18S1 Act is 135; area, 18,3!)!) acres. Authority should oe given lo the Public Trustee'to advance sufficient to pay for the improvements il the native owners desire to purchase them. There would be ample security.