WEST COAST LEASES.

Taranaki Daily News, Volume LV, Issue 52, 19 July 1912, Page 2

WEST COAST LEASES.

THE COMMISSION'S REPORT. (By our Tikorangi correspondent.) The finding of the Commission recently set up to inquire into this question is doubtless most disappointing to the unfortunate tenants, who had hoped for a more favorable verdict; but, coldly reviewing the matter from a strictly legal position—a point of view which would naturally most appeal to the learned gentlemen who formed the Commission—it would indeed be futile to expect their recommendations to be anything but distinctly adverse to the petitioners. I will, however, as briefly as possible, endeavor to show that, bounded by the narrow vision of the law, the Commissioners entirely overlooked what, to the lay mind, is an important feature of' the caseequity and public policy—and to thoroughly understand the position it is necessary to revert to the vein- 1881. The Commissioners state, inter alia, that to give the tenants by legislation another opportunity of converting would be an interference with the inviolability Jof contract, a principle upon which the stability of contractual rights essentially depends. But, as a matter of fact, a contract, which, in its truest sense, means a bargain voluntarily entered upon by both parties, never existed. The natives never agreed to the lease of these lands, and many of us have vivid recollections of the difficulty experienced by the surveyors when cutting up the Waihi block, and the survey pegs were repeatedly pulled up by the natives as a protest against the compulsory leasing of these lands. But public policy was to be considered, and the Government of the day rightly declined to allow fertile lands to remain idle and unproductive, and the objections of the natives were overruled. The lands were leased, and so strongly did the native owners resent what they considered, and what probably the hte Commissioners would affirm was a violation of contract, that many of them refused to accept any rent whatever. Therefore, it is rather straining a delicate point when it is inferred that these leases can ba classed as contracts between tenant and Maori. And if, in the interests of the State, these lands were leased on certain terms at a later date these terms were varied, surely it may be logically claimed that in the same interests they can be altered again. Furthermore, of recent years we have had repeated instances whore contracts voluntarily entered into by the contracting' parties have been violated on the grounds of p-üblie policy. Needless to say that I refer to the compulsory acquisition of large estates, and : who is bold enough to say that in these instances sanctity of contract should stand before the public weal? But it may be pertinently asked would I the right of converting these leases into leases of perpetuity be in the public interests, altogether apart from the interests of the individual tenants? To this question I unhesitatingly reply in the affirmative, and in support it is only necessary to turn to the large areas of land in this district which have been reserved for the use of the natives, but which, with a few isolated exceptions, they have utterly failed to use. And on this point, which is vital to the whole question, the action of the Commissioners was somewhat extraordinary, mas- < much that they declined to accept evidence, counsel for the natives very cleverly stating that to shorten proceedings he would admit that there were certain lands available which his clients had failed to make use of.

With regard to the limit of £5 per acre as compensation for improvements, ifc.mustbe remembered that in 18S1 this limit wag considered an extreme one, and it was never then anticipated that it would so operate that improvements created solely bv the toil, industry and self-sacrifice of tenants would revert to the landlord. But the unforseen and remarkable development of the dairying industry rendered it imperative that more intensive farming methods should prevail, and the tenants found themselves compelled by the exigencies of the dav to, in manv cases, improve over the £5 limit, or drop out of dairying altogether, and, consequently, in the amending Act of 1802 this limit was expunged. Certain evidence showing; the remarkable rise in values, as instanced bv the fact that some lessees are now drawing greatly increased rents from sub-leases, .seemed to have impressed the Commissioners, but it must be remembered that a certain, probably a large amount, of this increased rent represents interest on improvements, and in the event of a conversion taking place the native owner would, under the revaluation clause, at onec receive rent on the enhanced value less, of course, the amount represented by improvements, whilst as a set off the tenant would receive fixity of tenure. Tn these few remarks I have endeavored to put the position as it appears to a small farmer, and on behalf of the West Coast lessees I claim for them treatment as liberal as that accorded bv a Conservative Government to the Irish tenants, and if to attain this it is necessary to violate a contract we have precedents in abundance, and the protests of the native owners, most of whom arc living in idleness, should be as unavailing as were those of the Irish landlords | ——————i——-■» " '