LEGISLATIVE COUNCIL.

Thames Guardian and Mining Record, Volume I, Issue 21, 31 October 1871, Page 3

LEGISLATIVE COUNCIL.

TUESDAY, OCTOBER 3, 1871. THE LAND COURT BILL. The Hon. Mr. Sowell. —Sir. I propose that theConucil should proceed to the consideration of the second reading of the Native Land Court Consolidation Bill, which has been postponed for some time with a view of honorable members obtaining possession of Colonel Haultain’s report. This is now printed. Other papers of considerable value have been laid upon the table of the Council, which contain appendices to the report and additional matter. There are still papers supplementary to that report which have not yet been printed. In asking the Council to read this Bill a second time, I am quite sure I need say nothing to bespeak the attention of the honorable members to a subject which will be acknowledged to be of paramount importance. I do not exaggerate when I say that, among the many subjects which come under the consideration of this Council, there is not one which possesses such importance as this question of the management and administration of the Native lands. Although the Bill professes to relate to the constitution and admininistration of the Native Land Court, yet it does contain, in effect, the whole machinery by which the Native lands and the relations between the Natives and ourselves with reference to their territorial rights are regulated. The whole of those questions are, in fact, concentrated in the one subject of the constitution of the Native Land Court. Upon this vital point depends the peace of the Colony, its progress and advancement, and it is a question which does not concern merely the Northern Island and those settlers who are in immediate contact with the Natives in the northern portion of the Island which is thickly populated with Natives, but it concerns no less the settlers of the Middle Island,

and it affects their material interests almost to the same extent as. those of the Northern Island. With this question, in in fact, is inseparably connected the financial and political prosperity of the Colony. It will be recollected that last session a Bill was before the Council for the better administration of what are called Native reserves. These form a branch, and a very important one, of the great subject of Nativa lands. That Bill was referred to a Select Commirtte, at whose hands it underwent very careful investigation. The Committee felt the particular Bill they had to deal with was not one which, in their opiniqp, it would be desirable to give effect to, but in the course 0.. their inquiries, they came to the conclusion that there were grave matters connected with the dealings between Europeans and Natives, under the Native Land Acts, which did requiro legislation, and they recommended that a Bill should bo brought in to prevent certain dealings for Native lands, which were growing into very great abuses, and likely to lead to serious consequences. In pursuance of the recommendation of that Committee, I introduced, last session, a bill intituled the Native Land Frauds Prevention Bill. The Council, I am sure, will feel satisfaction in learning that the operation of that Bill has been exceedingly beneficial. I do not say that it has cured all the evils which have been found to result from the Native Lands Court, but, at all events, it has applied a partial but effective remedy in some cases. I thipk I may say with safety that the working of that Bill is answering the expectations of those who recommended its introduction. The results of the practical working of the Bill will be found in a paper which has been laid on the table. of this House, containing the report of the Trust Commissioner of Hawke's Bay. I need only refer to that report as an illustration of the beneficial effects of this measure in the Province in which it was first introduced—Hawke’s Bay ; and its success has been such as to wairant us in extending its operation in the Province of Auckland, where, I believe, it is producing satisfactory results. Besides recommending the introduction of the Native Land Frauds Prevention Bill, the Committee of last session recommended that the Government should institute an investigation into the whole working of the Native Land Act, and, in accordance with that recommendation the Government during the recess took steps to institute such an enquiry. They requested my lion, friend, Colonel Haultain, to undertake that work, and I think it will be seen by his report, that they exercised a wise selection in confiding it to his charge. I do not think that any person could have been selected who would more honestly and zealously have discharged his duties than Colonel Haultain, and I think he has done the State excellent service in the report which he has presented to us. That lie has not embraced all the possible subjects connected with so large a question is attributable to the nature of the circumstances, but so far as he has gone he has nearly exhausted the subjects which it practically could be found useful to bring under the consideration of the Legislature. Besides Colonel Haultain’s report, the Government obtained from the Judges of the Native Land Court their opinions upon the working of the present law, and the reports of these gentlemen will be found in the papers laid before the Council. The general result of these reports has led the Government to conclude that it was incumbent upon them to introduce a measure for the purpose of remedying evils and abuses which undoubtedly exist in the working of the Native Land Court; and the Bill which I am now asking the Council to read a second time has been prepared to give effect to that conclusion. My colleague the Native Minister requested the Chief Judge of the Native Land Court, than whom no one could be more competent for such a task, to undertake the framing of a Bill which might carry out the objects which it was sought to attain ; and Mr. Fenton, in pursuance of that request, prepared a Bill, which is the foundation of the measure now before the House. It has undergone careful con. sideration, and some alterations have been introduced, but substantially the Bill as it is now before you is the Bill which has been framed by Chief Judge Fenton. My colleague also consulted another gentleman of very large experience in Native matters, of whom I would speak—and I am sure every honorable member in the Council would always speak—in terms of the highest respect, namely, Sir William Martin, who takes a deep interest in all matters connected with Native affairs. I had an opportunity of conferring with Sir William Martin myself, and I found that his mind ran very much in the same direction as my own with regard to the required alteration of the law. He has been good enough to put before the Government his views in the form of a draft Bill, which I have also laid before the Council. CTo he continued.)