LEGISLATIVE COUNCIL

Thames Guardian and Mining Record, Volume I, Issue 26, 6 November 1871, Page 3

LEGISLATIVE COUNCIL

TUESDAY, OCTOBER 3, 1871. THE NATIVE LAND COURT BILL. In the year 1862—1 then being a member of the Government, under my present honorable colleague Mr Fox, and associatod with my honorable friend Mr. Mantell, to whom the Colony is greatly indebted for the part he has taken ip the administration of Native affairs—the Government took counsel together and determined upon introducing a Bill which was, I may say, the foundation of the Native Land Court Bills. It was introduced by Mr Fox, but it died in the political struggle which took place iu the session of 1862. It was revived under the administration of the Hon. Mr. Domett and the Hon. Mr. Bell, who succeeded, I am bound to express

my opinion that it would have been an exceedingly good thing if we had never gone outside the limits of that Bill, which was a verv short one, contained in about four pages of paper. It would have been found a better working measure than any that have been subsequently adopted. However, we were not fortunate enough to maintain office sufficiently long to enable us to carry this Bill in the session of 18G2. During the administration succeeding that of Mr. Domett and Mr. Bell, another Bill was introduced which stands upon the Statute Book—the Bill of 18G2. That Bill contains a great deal of valuable matter which was originally embraced in Mr. Fox’s Bill, and particularly certain clauses which were, at that time, deemed to be of very great value, and which the Chief Judge of the Native Land Court considers of sufficient importance to reintroduco them ipto the present Bill. The Bill of 18G2 was brought in by tho Hon. Mr. Bell, as Native Minister, but at that time the unfortunate Native war suspended the action of tho Native Land Court, and until the year 1864 the Native Land Act of 18G2 was practically a dead letter. Ido not attribute that result to any intentional laches on the part of the Government. It was the result of circumstances beyond their control. Upon the accession to office of the Weld Government, and the return of Mr. Mantcll to the administration of Native affairs, the Native Land Act of 18G2 was galvanized into life; and I say now, what I have always said, that if there is one person to whom the Colony is more deeply indebted than to another for bringing about a better state of things between the two races, through the working of tlie Native Land Court, Mr. Mantell is that person. The credit is due to him of having brought into practical operation the Bill of 1862. In 1864 he gave life to the Native Land Court, which up to that time, had been practically dead. In 18G5, the Weld Government still being in office, Mr. Fitz Gerald assumed the management of Native affairs, and a Bill was brought in, to which I have alluded as the Act of 1865, which placed the constitution of the Native Land Court upon its present footing, and introduced that system which has been, in one form or another, in operation up to the present time. My impression is that the policy of the Bill of 1865 was not so wise or well considered as the policy of of the Act 1862, or that of the previous Bill brought in by Mr. Fox. The tendency of the Bill 1865 was simply to recognize and give effect to the individualization of Native title. It proceeded on the assumption that,by constructing a certain hard and rigid measure we could compel the Natives to break up their tribal lights and to take, in lieu, separate and individual rights of ownership—to abandon their communistic habits and assimilate their social condition to our own. The policy, no doubt, would have been wise if it could have been realized, but the result, I think, has disappointed the expectations of those who framed the Bill ; and it is in consequence of the partial failure of that policy that we are now obliged to legislate in a somewhat different direction. I have given the Council a general outline of the course of legislation upon this subject. I will now ask honorable members to bear with me while I state my own conclusions as to the practical results of the system which has been in operation since the year 1865. I have founded my opinions partly upon my own observations and the official means of information which I possess, and partly upon the papers which have been laid before the Council. Sir, I think there can be no doubt that our Native Land Court system has been to a very considerable extent a great success—to an extent, indeed, which, considering the novelty of the experiment and the difficulty with which it is surrounded, is greater than we could reasonably have expected. If it has not been an absolute and unqualified success, that lies in the very nature of the subject. lam speaking on the testimony of the Judges of the Native Land Court, when I say that it is accepted by the Natives as a measure satisfactory to them. There are complaints here and there, soma of which will come under our consideration ; but, on the whole, the system has been accepted by the Natives. Among the most successful of its results has been the opening up of considerable tracts of land for colonization which were before shut up, and the settling of disputes which were constantly threatening to produce conflicts between Natives and Europeans. I call the attention of the Council to the remarkable fact that, in the Waikato district, where but a few years ago the state of things was such that no European could venture beyond a certain limit with safety, there are now 3,000 European settlers, according to a late return of the Registrar-General. That fact will alone stamp the measure as having been a practical success. In other parts of the Colony its operation is very much mixed up with the operation of other measures relating to confiscated lands ; but, throughout the Colony, there is no doubt the tendency of the Laud Court has been to open the way to colonization. It has also done this great good—it has put an end to the old land purchase system, and has supplied means by which the settlers can utilize the native lands without the evils of that system. There is also no doubt that it lias had a great political effect in breaking down tribal influences and tribal power. This good may have been attended with some consequences of an opposite character ; but, looking to our relations with the natives, and the importance of maintaining our ascendancy over them, the breaking down of this tribal power is an object of the first importance. The tendency of the Native Land Court is in that direction. It is destroying the principle of communism, and with it the power of combination, thus getting rid of one of the great dangers which threatens us in our relations with the native race. I have said that these measures have been successful, but I admit that they have only been partially successful. (To be continued.')