LAND COMMISSION REPORT.

Gisborne Times, Volume XIX, Issue 1507, 15 July 1905, Page 3

LAND COMMISSION REPORT.

f . : ; , ;;;?■"/ '(Special to the Times.) Wellington, last might. The report of the Band Commission was presented to Parliament this afternoon, and was of a most comprehensive nature, ‘containing..between 16.000 and 17,000 words. ;-The report stated tbits the Com ■ Biission travelled’over 7000 miles and hoard . 'close upon ■ : 1000 witnesses, inspeatod .‘numerous settlements, aud received a large number of returns, reports’and oorcaspon.donee. Before the close of the inquiry it became necessary, in order to keep withiu. | the time allowed,' to.- increase one rets of progress, and this object was attained by dividing tbo Commission into two parts.

I ■ (••■) The Constitution of Band Boards . F- The presont constitution of Land Bourds ' notninaJiau by ;tho Govarnmont waß ap- ■ proved by a majority of the witnesses, v.bo at the sums timo expressed satisfaction with the impartial administration of Boards. A considerable) number of witnesses, however, advocated olaetivo Band Boards, but oa examination none oould • suggest a satisfactory franchise on whiob to eloot them. The general consensus of opinion was that the nominative system has produood Boards whioh have doait fairly as between the State on the one hand and the tonaut3 on the other. Wo recommend ns follows: (a) That the presont system be adhered to ; the desirability of the Boards boing composed of members having practical acquaintance and experience in the agricultural, pastoral and mining sottlemans of tbo colony, was emphasised ; also as far as practicable they should be selected so as to give representation to the various iuterests and localities of the respective land district? to whioh they are appointed. In order to give effeot to this wo rooommend (b) That ( in some of the larger land districts the j

maximum number of nominated members ■ bo increased to six., (c) That the remunet ration of members, at present 10s a day and locomotion expenses while on duty, should be substantially inoreased. To effectually administer disoretionary powers the need was acknowledged for the members of land boards being in an independent position and at the same time in sympathy with the land legislation of the colony, and in tonoh with the Minister of Bands, with whom they have to eo-operate and i 3 primarily responsible to Parliament and the colony for the efficient control of the great . estate of Crown lands and the rapidly growing estate being acquired under the land for Settlements Aet. (d) That it would bo desirable to subdivide each land district into ridings, and that a member, who shall be either actually residing in or have special local knowledge of the riding he represents, should-be nominated from each, (a) That it is desirable to competent administration that at least one member of eaoh land board shall bo a Crown tenant, and that all the members of the board be men with praotieal experience as jlfarmers, or with special knowledge in matters relating to land occupation and settle- ; mens. We have much evidence to show that when the boards consist of members possessing proper qualifications, friction between them and the tsnants is almost entirely absent.

.. Your Commission found that the reguations appertaining to laad settlement were, with the exception of a few minor points, just and equitable, and these your Commission respect fully recommendshould be altered. The Boards should have statutory power to relax cropping conditions as may be deemed by them to .be;necessary in exceptional cases. The evidence throughout the colony shows that the various Band Boards have exeroised thß discretionary powers vested in them wisely, and in regard to relaxing the residence conditions on Crown lands where good cause has been shown, and that there is no necessityto farther extend that power.

UNOCCUPIED NATIVE LANDS. Referring to the unoccupied native lands the report states; These lands are producing nothing, paying no' rotes, and yet participating in the advantages of the roads, xaiiways, and other public 1 ana private works, and settlement that surrounds them. 'There are about 7i- million acres, of which nearly 6 million ‘aie deemed suitable for ■ settlement. Of the latter .five million acre 3 'have been adjudicated, bus the balance ha 3 not yet passed the Band Court. A considerable area of this land is suitable for close settlement, and much of the balance consists of bush country, which when cleared and grassed would make excellent sheep country. The natives show no disposition to undertake this work. So far a 3 they are concsrned it will probably remain for many years a wilderness and a harbor for noxious weeds and the rabbit pest. This condition of things is a sore burden on the settlers alongside, who as already mentioned have to bear the whole weight of local taxation, and of boundary fences, Without' deriving anything» from these native lands. The natives complain that they are not free to dispose of the lands, of ■ which they make no use, although willing ijlo'-do so. Under these circumstances it ‘ would' eppear that it would mutually ! benefit both races if these lands, or rather a portion of them, were acquired on the . principle of the land for settlements, and the proceeds placed in the hands of the public trustee on behalf of the native owners* The application of some such principle, so as to set free these vacant lands for settlement, would be of great advantage to all. There are about 40,000 natives in the North Island. Ample ' reservations should be made for their nse, which will leave a large area for future . Battlement. THE POMOHAKA ESTATE,

3?ha report continues: The Pomohaka is one of the very few estates which mar the otherwise satisfactory record of the land for settlement policy. The area of this estate is 7266 acres, and of this area, after eleven years, 867 acres still remained unlet on 31si March, 1905. We were forced to the conclusion that rents on this estate are too high, considering, the quality of the land, and many of the areas are too small for profitable, occupation. Notwithstand ine our strong advocacy of the sacredness of a contract, cases of this sort will have to be reduced, for it is manifestly against the interest of the Btats that a considerable portion of this estate should remain tenantless owing to the excessive rent demanded, and that tenants in occupation ehocld be held liable for rents that they are often quite unable to pay- The loading for roads on this estate was 14s od per acre, and as this expenditure was more of the nature of relief works than economic roading under which value for the expenditure was hardly contemplated, it is not fair that the full costs should be charged to t*.e estate.

NOXIOUS WEEDS. After referring to the alarming spead of noxious weeds, the Commission declares : We cannot too strongly recommend that this master should have earnest attention.” THE FREEHOLD QUESTION. Reporting on the several tenures under which land is held, the report states: While there are twelve designations under which lands may bo acquired, they are all seduceable to four tenures, viz., il) cash purchase, (2) occupation with right of purchase, (3) lease m perpetu.ty, and (4) lease on license for varying periods without riaht of purchase ; and these again to the two tenures of freehold and leasehold. In the evidence given beforo the Commission nearly every witness expressed * preference for the one or the other of the two tenures. Thoughout the .colony a general desire to acquire freeholds had been expressed by witnesses, the favorite tenure being occupation with right of purchase. A considerable number testified maavor of the re-enactment of tho deferred payment and perpetual lease systems, now onlv in operation in working out .engagements entered into while the - tenures were in force It may be men, tioned here that the Land Conference sugaested ro-introdaetion of a deferred payrnent system.' The main objections urged : against lease in perpetuity arc the difficulty ■ of obtaining money on it as security ; the ■fear of revaluation and that the settlor will be precluded from having his savings in his own holding. The difficulty of obtnmSne adequate advances from Settlers’Office or private sources was much in evidence from numerous witnesses, and the fear of revaluation and by. making breach of contract is also very general, due,,as many witnesses affirmed, to what they read in public press of the proposals to that effect. - Even if fear of revaluation jjryere removed it is evident that there is#/ deep seated desire to havo a freehold, something they call their own, free from restrictions,

inspections and paying of ront. To obtain the right of {toehold they would willingly pay up. with interest tbe difference botweon tho 4 per cent, rout they are paying on tho capital valuo under loaso in perpetuity and the amount paid by the settlors who hold under tho ocoripatioa with right of purchase. On being questioned why they took up tho iand on loaso in perpetuity settlers replied that iu amao instances land I was opened on that tenure only, and they had uo chance, the laud being supposed to oontaiu metal, minerals, or valuable I stone. Under section 136 sub-section 2 of [ the Bund Act, 1592, it could only bo opened I on lease in perpetuity, and that where tho | lull option was given iaasu in perpetuity I was chosen to seouro lower rental, butt in | ignorance of this advantage of that tenuro, I afterwards disclosed by praetioal expe- I

■ rioncu. Many pointed out that in taking 5 rough bush land in the back blocks, falling, - clearing, eta., paying rates and intarest on ) road formations, establishment of dairy [ factories, and contributing to the erection, of freezing works, thereby rendering the ] land productive, their interest iu the laud in a few years became many times greater I than that of the State, and that increased I the unimproved value of -tun laud and I capital, and that in their oaso there is no f such thing as the unoaruod increment 1 belonging to Chs State. On the oontrary, j if accounts were kept' between them and I the colony os to the cost of bringing laud I into a productive state and they-wore paid j the current ratos/ for labor, the colony I would be their debtor, and therefore there I is no unearned ineremu'nt. In the case of land for settlements there is to some extent I the same fear of re-valuation, difficulties I in finance, and a desire ultimately to I 1 obtain the freehold of the laud at the I

original price of the land, for which they pay a reDt of 5 per cant per annum. A | number of settlers expressed themselves as quite satisfied with the touure of the lease in perpetuity, and wished to be left alone. Evidence of this is shown by the unwil- I lingoess expressed to pay any advanoo on I the original priqe of the land to obtain the [ freehold. When confronted with the fact'l that tho value of the land had increased, I then the argument was that whatever I increased value the land may have gained I since they took it up was due to their work arid improvements, and to the rise in pro- I duce in the markets of the world, I FREE HOLD FAVORED.

) The Commission further reported : "We S are firmly of opinion that in the disposal I r of what may for distinction bo termed the i ordinary Crown lauds, the option of obi taining the freehold should be granted j 1 after fulfilment as subsequently outlined of I , residential, improvement aDd other coodi- | tiona; this to apply to ‘existing holdings I as well as to those in future; tho pay- | msnfcs to be gradual and extending over a I term of years ; the instalments to be £lO I starling,'or a multiple of £lO, a 3 may suit I the settler best, at each half-year when the j rent is due; no certificate of title to be! issued until all the purchase money is j paid; rent to be reduced proportionately j to tho payments made in reduction of the I original price of tho land. The grunting I of the right to obtain the freehold will be a j source of great satisfaction to the laborious I settler straggling on from year to year j

through many obstacles and privations to found a home for himself and family. We recommend : (a) That the lease in perpetuity tenure under the Land Act, 1890, remain on the Statute Book; (b) that aftergtha sixth year from date of lease, holders of leases in perpetuity under the Band Act, 1892, desirous of doing so be I permitted to convert the occupation with right of purchase tenure upon payment of the accumulated amount of 1 per cent, difference in rental between the two I tenures, with compound interest added, provided the improvements required with- I in the first six years of occupation have I been carried out, and also provided the |

residence conditions have in tho opinion of the Band Board been complied with ; (c) that all lessees under the right of purchase optian of the Land Act, 1892, be permitted, after 10 years’ occupancy and fulfilment of conditions, to pay off the capital value of their land iD sums of £lO, or any multiple ol £lO, npon the Ist January' and She Ist July in each year during the currency of the purchasing clause, their rentals being proportionately reduced, (d) Tbafr-ch-'-gc-q. j under heading (b) and (c) apply to present as well as to future leases, (g) That unduo aggregation of land from any source is undesirable and should be guarded against by legislation, (f) That it be understood that in parting with land for agricultural or pastoral purposes the State retain all mineral rights. Mr Mathieson adds his signature to the report with the proviso that it does not apply to the paragraph relating to settlers on land for settlements, being firmly of I opinion that such settlers should have the I option given them of purchasing the free- I hold at original upset price. I PRESENT CONTRACTS SHOULD HOLD GOOD.

In their second report on the question of tenures the Commissioners state : —A large number of witnesses who favored freehold were already holders under that tenure, in many cases owning large areas and admitted having little or no experience of leasehold, gome of these expressed great concern for the Crown leaseholds, but as can be seen on reference to evidence of most Crown tenants only an exceedingly small proportion of these came before the Commission. They are all satisfied with their tenure and resent Buy suggestion whatever of interference with tenures. We cannot deprecate too strongly the action of political and other organisations in fanning an agitation for change of tenure of the existing titles. We believe that interference with existing

titles in any direction is dangerous, and likely to establish a precedent which would have an unsettling and extremely unsatisfactory effect on the people of the colony. If a title can be granted to-day and repudiated to-morrow by either State o; tenant, we fail to see how any stability can exist or solid progress be made. Your Commissioners would therefore tack down the principle that no alteration of existing tenures should ba allowed ’in any case except on.payment of full compensation. Therefore provisions of title should be held sacred excepting in cases whore it is found to conflict with the interests of the community as a whole. Then, and then only, on payment of the fullest compensation sfiould it be terminated or its provisions varied. We recommend that provision should be made by statute securing to all tenants, under proper limitations, their right of all valuation for their improvements, and this should be made to apply to tenants on all public reserves. It must be recognised that there are two interests in {ho lands of tho colony—the State’s and the tenants’—aud a system of tenure, to be fair and equitable, must conserve the interests of both parties. Therefore, all future leases for Crown lands, should contain a provision for readjustment of value. It'is of the utmost importance that a large’area of land should be maintained under a - leasehold tenure by the Crown for tho benefit of men with limited means who are unable to buy the freehold, and as the area of land remaining in tho hands of the Crown is very limited it would be a wise provision to retain it for that puposo. A serious objection to parting with the freehold of these lands is probably that it will be required for closer settlement in the future. Au area which is considered moderate today very probably will bo too large when the population of the colony will havo doubled or trebled, and will then require to be repurchased at .a greatly enhanced , figure. Tho high prices being paid for the acquisition of large estates to-day should . be an object lesson in this respect. Twc thing 3 stand out as essential to successfu. r occupation of land, viz., security of tenuri b aud good access. The evidence taken bj 3 the Commission in the bosh districts of thi . colony emphasises the fact that the ques tion of roads is of far greater importanci . to the settler, and a far greater factor ii i his success or failure, than any question o y_ tenure. The remaining Crown lands ar □ situated in districts remote from settle

ment, and from their rugged and inaccessible natare will require a large expenditure in reading, more especially in the bush districts, before settlement can be effected, in fact in most cases the ooat of satisfac? tory roading will exceed tho value of the land.