NATIVE LAND LEGISLATION

Waikato Times, Volume XIII, Issue 1099, 10 July 1879, Page 2

NATIVE LAND LEGISLATION

Sib,— Of .all the political questions which are prominent at the present time, that which seems to me to occupy the premier position, is the one of the disposal and system of acquiring native lands. Should the Government have the sole ri^hfc of purchase, or should there be free trade m native lands ; and should individual purchasers instead of being surrounded with every conceivable obstacle, havo the difficulties incidental to native purchases reduced to a minimum. These are questions which are largely agitating tho mmds of mauy individuals, 'both Europeans and Maoris. I think that any unprejudiced person who reads the "Native Lands Act 1573," can come to no other conclusion than that it is designed for the purpose of placing obstructions m the way of private people acquiring native Land, whilst smoothiug the way for tho Government and its friends. One of the most objectionable features of the - whole measure is that it provides that all advances to natives prior toithe passing of land through the Court aTe illegal. Now, anyone who knows anything of native transactions must be fully aware that there is no possibility of acquiring native hinds at all unless such advances bo made. Such a provision tends to encourage tho natives to repudiate engagements and to break deliberate airreomcnts, and it says much for the Maori character that - the instances of repudiation aud breach of faith are comparatively rare, although, thoy are incited thoroto by designing and unscrupulous Europeans. Another great defect m the existsng Act is the re-hearing clause. This clause is ' made use of by unscrupulous Maoris for the purpose of extorting money from European purchasers, after the land has passed thiou<rh the Court. Certain natives come to the purchaser and say, "Nowjif you do not give us bq muoli

money (one, two, or three hundred pounds) we shall apply for are-hearing of the case. We understand you have bought the land, but, unless you agree to our terms, we shall apply for a re-hearing, and if granted, the whole case will then have to commence dc novo, and you will loso your money." Sooner than rim the risk of such a contingency, the purchaser pays the native a sum, taking his guarantee to refrain from applying for a rehearing. After considerable acquaintance with tho proceedure m nativo land purchases, after conversing with many of those Avho have been largely interested m the acquisition of native lands, after hearing the opinion of Native Lands Court officials, tho only conclusion I can oome to is, that this clause is most mischievous m its operation, and from its existence m the statute most disastrous m its effects ; its principal, if not sole, result being to legalise a system of extortion and duplicity. The most unfair portion of the whole Aot is, however, that to which you have repeatedly drawn attention, viz., ** the proclamation power,'' and .which yon have so ably shown to be subversive of Maori rights and European interests. There is nothing which isexciting so much discontent amongst the Maori population, as the extensive use which has been made of tlis power by the present Government. I have conversed with many of the leading natives who are assembled here from all parts of the Island, and they all assert that they look upon these Government proclamations as only confiscation m another form. Either one of two things — the land belongs to the Maoris, or it does not. If the former, why should we interfere with the rights of some of tho proprietors, by compelling them to sell at a price which they ,had no voice m fixing, or if they refuse to sell to the Government preventing their disposal of the land to private people, buch action is m direct contravention of the Treaty of Waitangi, and if the case were taken to the Privy Council, it is the opinion of many that these Orders-in-Council proclaiming native lands and withdrawing them from sale to private people, would be found to be ultra vires, and thereby illegal. If the land does not belong to the Maoris, why not confiscate it at once, instead of doing so practically m another, if not quite as bold and offensive, a manner. I question much, looking at tho matter from the Government's stand-point, whether the Native Land Purchase Department has been anything but a failure. The area of the land acquired has been comparatively small, and the quality most inferior — as, for instance, the Moehau and Waikawau blocks, lately handed over to the Waste Lands Board, which consists mostly of rugged, barren hills. It is very questionable whether these lauds will realise the amount of money that has been expended on their purchase. If the Government were to give up dealing m native lands altogether — if they would assist m improving the present Act, striking out some of the objectionable clauses (more especially those referred to) — if they would introduce clauses providing for the individualisation of the titles, and simplifying the machinery for working the Act, they would, m my opinion, do more to pacify the native mind, and so promote settlement m the country, than could be accomplished by an unlimited expenditure of money m the shape of flour and sugar ; or even by the tardy acquisition of infertile blocks of land, which is, so far, all that they have accomplished by their " proclamation policy." — I am, &c, SpecTAIOE

Cambridge, July J, 1878