THE PUAHOE AND PUKEKURA NATIVE LAND PURCHASES.

Waikato Times, Volume XXXI, Issue 2505, 31 July 1888, Page 3

THE PUAHOE AND PUKEKURA NATIVE LAND PURCHASES.

Til 15 following article is taken from the Wellington Evening Post, and very correctly states the facts concerning this transaction which is a scandal to the Nativo Land Court and the Government of the colony Hudibras has told us of the —ocrils which environ The man who meddles with cold iron ; and it appears that equally great dangers attend those rash individuals who venture on transactions in nativo lands, The only method by which safety can bo ensured resembles that which used to bo adopted by the "Id rjigicians when they conjured up tiio Devil* They used to place themselves within a magic circle or ring. Those who were insido were quite safe, but those outside were inevitably devoured by the angry demon* Now it is undeniablo that very largo foYtimos have been made out of native lands by those fortunate enough to be within the charmed ring, and still a greater number of people not so guarded have been well-nigh or completely ruined. There is no more dangerous speculation in the colony than for those outside the magic circle to endeavour to acquire or deal with nativo lands in any way. The case of Joshua Jones, so prominently before the public, is but one instance of the same kind, where enormous and apparently occult powers seein to have combined to ruin and destroy the audacious intruder into native land mysteries. Mr Jones' experience amply illustrates a certain phase of the case, but there are other phases, one of which is strikingly exemplified in the case of Messrs. Grice and Benn, of Waikato, which has been before the Courts and parliament even longer than Mr Jones'. In ISIiS this firm leased from the natives the l'ukekura and Puahoe olocks, containing 17,000 acres. The land had been passed through the Court and orders for certificates made to ten of the native owners. Messrs Grice and Benn leased from them in strict accordance with law, and also purchased many of the owners' interests The leases were all duly stamped, duty paid on them, and everything done, when in 1800 the Native Land Court, found out that some error had been made in the Land Court proceedings of 1888, and, accordingly, without any notice to the lessees, the Court reversed all its former proceedings and issued new orders and certificates, on which, ultimately, Crown Grants were issued. The lessees know nothing of thu proceedings till four months after the second Court sat. They had then to set to work to get new leases under the new Crown Grants and after great trouble and at heavy cost, they managed this, but two years elapsed before the final signature was obtained. They thought they were then secure and they laid out a large sum on improvements. Never were men more mistaken. It was suddenly discovered that the Land Court proceedings of 1808 were perfectly valid and those of ISO!) ultra vires. The Crown Grants resulting from these latter proceedings and the leases under these grants were attacked, and the delay in obtaining the final signature was also pleaded as a reason for voiding the leases. The natives resumed possession of one of th* blocks,and the lessees pulled down the wliares, for which their employes were convicted of forcible entry and heavily fined. They were told tlmy should not have taken the law into their own hands, but have brought civil actions. They did then institute four actions, and won them, but could not get their costs, as nativo land cannot be taken in execution, and the native defendants had no other property. Tho matter went to the Court of Appeal, and hero again tho lessees won, but still got nothing. Then tho natives brought an action to have the Croivn Grants or the certificates of 18G9 cancelled, and made the AttorneyGeneral a party to the suit ; but the Government refused to defend the title they had given, or to bear any of the costs incurred through tho shameful bungling of their own officers and judges. Tho lessees were compelled to defend tho action, and incurred still further costs iu doing so. Ultimately the Crown Grants were declared void. Tho lessees have retained possession under the leasos of 1808, but all their purchases of interests have, by subsequent blundering native land legislation, been made invalid, and when the original loases expired Messrs. Grice and Benn's interest in the property will finally cease. In tho session before last, Mr Walker, on behalf of the lessees, petitioned Parliament for redress for any injury they had sustained. Now, there is hardly a more hopeless proceeding in the world than to petition Parliament for redress for any wrong or injury done to an individual by the Government or its officers. Tho Parliamentary Committees almost invariably hold that the Government, like tho Queen, can do no wrong. They listen to and accept the official view of the facts, and pay little heed to the petitioner's evidence or the real equities of the m itter. It must be a very bad case indeed in which the petitioner gets a report in his favor. This Grice and Benn case was, however, such an utterly monstrous one that the Native Affairs Commitee could not ignore Mr Walker's petition, and in the first session of last year a roport was presented setting out that the lessees had been put to an expenditure of £0000 in connection with actions arising from blunders committed by the Native Land Court, and they recommended that tho Government should compensate Messrs. Grice and Benn for the loss and injury they had sustained. The Government simply ignored the recommendation, fn the following session the committee, on another appeal from Mr Walker, repeated the recommendation, but the Government have continued to treat it with silent contempt, neglecting to answer any communications from Mr Walker on the subject. This brief history of the case shows what may happen to people who are rash enough to attempt to enter into native land transactions outside the magic circle. There are features of this case which render it more than a mere individual grievance, however serious. The cancellation of the Crown Grants, and the refusal of the Government to defend Crown titles, upon tho faith of which third parties had entered into monetary transactions, is a most serious matter, and has, we learn, attracted considerable attention at Home, creating indeed a most uneasy feeling regarding the security afforded by New Zealand titles generally. Olio large monetary institution, which contemplated extending its operations to this colony, is reported to have abandoned the intention when it came under its notice, in connection with this case, that a Crown title could be set aside without tho Government which granted it making any effort to maintain it or to orotect the interests which had accrued under it whilo in existence.