WEST COAST RESERVES.

Taranaki Daily News, Volume LIV, Issue 321, 10 July 1912, Page 5

WEST COAST RESERVES.

LESSEES TO BE HELD TO THEIR BARGAIN. PLEA FOR THE MAORI OWNERS. THE COMMISSION'S REPORT. By Telegraph—Parliamentary Reporter. Wellington, Last Night. The report of the Royal Commission appointed to report on the various phases of the West Coast Settlement Reserves was presented to the House this afternoon. The Commissioners exhaustively analysed the legislation dealing with the leases, and remark that in the whole of the legislation two facts stand prominently out. The first is that every legislative measure has been in favor of the lessee, and the second that on no occasion has the native owner been consulted in reference to any fresh legislation. They go on to express the opinion, bearing out an opinion by Mr. Justice Williams, that both parties to the contract contained in the lease should be held to their bargain. It would, they say, be of advantage to the lessees to surrender their present leases and secure conversion, but at the same time this would deprive the native owner from the right of competing at the end of the term of the leases. To allow this, in the opinion of the Commissioners, appears to be contrary both I to law and equity. Both parties should be held to the bargain. Three opportunities have been given to the lessees to convert. Many have done so, but several, for reasons, best known to tliemselvps, have not done so, and now seek to gain a further opportunity. To grant sueh an opportunity appears to the Commissioners unfair to the native owners, who, they consider, ought to have a chance at the termination of the leases of competing for a renewal. Continuing, the Commissioners sav: "As the Aet seems very clear that the wishes of the natives interested in the reserves must be considered, it is onlv just that, although they may not take advantage of the right to compete, they should not be deprived -of that right bv changing the tenure in favor of the lessee. We cannot find in the legislation dealing with these reserves any indication of the intention to deprive the native owners of the benefit of the improvement .effected on the leased reserves in excess of the £5 per acre. The only chance they have of getting into occupation of the leasehold is by being allowed to compete when the lease's fall in, and, if successful, by paving the outgoing lessees for the improvements up to the limit of £5 per acre." The Commissioners express the opinion that none of the lessees should be 'allowed to surrender their leases. Three opportunities have been granted them of surrendering their leases, and they have not availed themselves of such opportunities. "The time of converting went by in 1900." the report continues, "and we think it is now too late to offer them a privilege or concession to which, under their lease, they, had no claims as of right. To give , them by legislation the opportunity of converting under the greatlv altered conditions of the district and the circumstances of the natives would now, in our opinion, apart from its disregarding the interests of the natives, be an interference with the inviolability of the contract principle, upon which the principle of contraetable rights essentials depends." .

The Commissioners - also express the opinion that all the areas now leased under the Act of 1881 may hereafter lie required by the native owners for their use and occupation. Therefore, the lands so held shc&ild remain under the present tenure.