85

23. Sales of land by Samoans to outsiders occurred in early days,, especially round Apia, but were halted by the Berlin Treaty of 1889. This Treaty allowed further sales only within the Apia municipality, though it permitted leases elsewhere. A Land Commission was set up to determine the validity of all outstanding land claims by non-Samoans. The legitimate claims as recognized by that Commission provide the basis for the present European freehold lands. The German authorities extended the right to buy plantation lands, especially in the Apia area, but only under official control. In turn the Samoa Act, 1921, made it unlawful for Samoans to alienate " Native land " other than to the Crown, though the Administrator was given power to approve of leases up to forty years. A corresponding protective provision is written into the Trusteeship Agreement. The present threefold classification of land as seen above is based on the Samoa Act. The Act also provides that all " Native land " is " vested in the Crown as the trustees of the beneficial owners thereof, and shall be held by the Crown subject to the Native title and under the customs and usages of the Samoan race." 24. The Lands and Survey Department has the task of keeping records of ownership, making surveys, and handling other matters relating toland. Disputes over Samoan titles are adjudicated by the Land and Titles Court. Samoan property customs are complex, involving distinctions between " authority" {pule) rights, which are associated with the hierarchy of matai titles, and " use " rights, which pertain to community and household groups. Little attempt has been made as yet to convert customary Samoan titles into written titles through legal registration of land-ownership. Such a move, already carried through comprehensively in some of the other Pacific islands areas, is still repugnant to the Samoans, who continue to be secretive about their family property rights. 25. According to a recent official estimate, about 400,000 acres, or 53 per cent, of the total area of the Territory, is wasteland, comprising steep mountains, lava beds, and other poor types of country. An earlier official survey of land utilization made in 1928 estimated that, of the 581,370 acres classed as " Native land," about 232,770 acres are uncultivable as being waste or inferior land. Of the cultivable portion, only about 55,500 acres were being cultivated at that time. Though Samoan gardens have undoubtedly increased in number subsequently, coincident with the rapid population growth, it is clear that present land utilization still falls far short of its full possibilities. The only area where the villages do not have more or less extensive hinterlands suited for additional cultivation (if probably less fertile because they are inland) to meet future needs is on the north coast of Upolu. The problem for these latter villages is a serious one, as this is the area of densest Samoan population and of the most rapid numerical increase. It is complicated by the fact that this north Upolu region has also been the main area of settlement by Europeans and hence of extensive sales and leases of land in earlier days. 26. Of the " Crown" and " European" lands, totalling in all 143,630 acres, roughly half lies in this north Upolu area. Of the Crown lands, 75,360 acres, or 73 per cent, of the total area, are held by the New Zealand Reparation Estates. The Estates land is mostly too poor for commercial development, but 9,836 acres are under cultivation directly by the Estates management, while 4,681 acres are leased to private