THE WHAREKAHIKA BLOCK.

Gisborne Times, Volume XXIX, Issue 3342, 7 October 1911, Page 5

THE WHAREKAHIKA BLOCK.

SUCCESSFUL APPLICANTS FOR

“PRECEDENT CONSENT.”

A REVIEW OF THE POSITION.

FIVE SIMILAR REQUESTS HUNG UP/ ,

According to the report of the Native Land Commissioners, which was published in 1908, Wharekahika or Hicks Bay contains approximately 42,000 acres. It- lies, as is well known, between East Cape and Cape Runaway. There were then two main kaingas at Hicks Bay and two smaller kaingas. During the preceding six or seven years two small farms had been established, -besides which small clearings had been- made. The area then under cultivation and clear of hush and manuka was about 700 acres, and there were about 1000 sheep. It was the view of the Commission that at least half of the block should, when the- title was ascertained, be made available for general settlement. As to the/ balance, it was recommended that it should be worked as communal farms fay some of the families or leased to young Maoris from the southern end of the County who were anxious to get farms of their own. The title, it will b-e remembered, was investigated in 1908 fay the Native Land Court, and as a result a title came- into existence; in favour .of about 700 owners. During the following year -an. appeal was brought against this decision, but the former decision was upheld. Now we learn the Hon. Mr. Ngata, on behalf of Horomona Teo Paipa and others, of Waiomatatini, has petitioned for a re-hearing. How Precedent Consent is Obtained. As was explained in a previous issue, sec. 209 of the Native Land Act, 1909, provides inter alia that when any Native land is owned for a legal estate' in fee simple fay more than ten owners (as in the case of this block) as tenants in common no Native owner thereof shall be capable of making any alienation thereof unless that alienation is made either—(a) In accordance with part 18 of this Act,' relating to the powers of assembled owners; or (b) With the precedent consent of the Maori Land : Board in whose district the land or the greater part thereof is situated given in accordance with the provisions hereinafter contained in this section. The form which an intending applicant for precedent consent lias to sign is very simple in nature. It is of course addressed to the Maori Land Board. Then follows a formal statement tlia-t it is an application under sec. 209 of the Native Land Act, 1909, for the- consent .of the Board to the following alienation of Native- land owned by more than ten owners. Here the application' is required' to/ state the nature of alienation and 1 the description of land proposed to be alienated. All that has to be added is the date and the signature of the applicants. “If,” the- statute says, “having regard tot the number of owners and to the fiacilitv with which the execution by them of an instrument- of alienation can be obtained and to; aIK other material circumstances- the Board is of opinion that in the public interest and in the interests of the- Native ownersrit is not necessary to require the; alienation to be effected -by a resolution of the assembled owners under part 18 of this Act, the Board may by resolution consent to the proposed alienation.” The grant or refusal of such consent shall be in the absolute discretion of the Board, and e-verv such alienation is subject- is confirmation. List of the Applicants. The official records of the Tairawhiti Land Board show that already 15 applications for precedent consent in connection with the Wharekahika block have already been granted as under:— Audley Oowper Wood, 2000 acres, February 7, 1911. Violet Lethbridge Wood, 2000, Feb. 7, 1911. Sadie Jane Pasley, 2000, April 4, 1911. Gilbert Kennedy Pasley, 2000, April; 4, 1911. George Henry Maddox, 1200, April 4, 1911. Joseph Stanley. Hicks, 1500, April 4, 1911. Charles Tylden 1200, Ma-v 2. 1911. John- Murphy, 1000, May 2, 1911. Arthur Wm. Henderson 1500, May 2, 1911. . , „ Rewiti Kohere* and Brian. Gerald Mahoney, 2000, May 2, 1911. Mabel Marshall, 1200, June 6, 1911. Arthur Braithwaite, for shares of Henare Ahuriri and Hiria Ahuriri, June 6, 1911. Henare Ahuriri, 1200,' June 6. 1911. Roka Tiereti, 1000, August 1, 1911. Wm. Andrew Martin, 1000, August 1, 1911. The consents granted, it will he seen, total 15, and they relate to an estimated area of 20,911 acres. Other applications were subsequent'ly filed, but on -account of the trouble which arose between the Under-Secre-tary and the President of the Board, they have not yet- been considered. Following are the additional applicants— Harry Kinnaird Hove-11, 1000 acres. Alfred John Wood Kemp- (no area stated) Maid Rangiliena and Te Whare Raupo (ditto) George Matthewson (ditto) Mary Louisa Matthewson (ditto). Mafter of Cogfi^atloi*.^^ that the granting of precedent consent means is that, the applicant may enter into negotiations -with Native .owners for the alienation of an area. Befbr^"any^'alieffarfmlica"n t, evidence must be forthcoming that the applicant is qualified to take up the l : and and that the Native owner is protected as regards the sale. It is provided under the Act that it shall not be lawful for any person to acquire any Native freehold land as the beneficial owner, lessee, or sub-lessee thereof whether at law or in equity and whether solely or jointly or in common with any other person if the land so acquired by him together with all such other land (whether Native, European, or .Crown land), held by him as the beneficial owner, lessee, ’or sub-lessee thereof whether at law or in equity and whether solely or jointly or in common with any other person exceeds a total area of 3000 acres calculated in manner hereinafter provided in this part of this Act.. In computing for the purposes of this Part of this Act,'the area- of any land every acre of first class land shall be reckoned as 71 acres and every acre of second class "shall be reckoned as 2$ acres. The precedent consent of the Board shall in

no way affect the right or duty of the Board to refuse confirmation. “WILL BECOAIE AS FAMOUS AS AIOKAU.” LTO THE EDITOB.J Sir,—The above block bids fair to become as famous as the Aloka-u case. The positions however, are not analogous. In Wharekahika the local Board, by permitting as many persons bona fide applying, to be allowed to enter into negotiations with the owners, is honestly doing what is best in the interests oi the owners, inasmuch' as the greater the nnmiber of applicants the better terms the Natives are likely to obtain;. In Mokau, the Board there, iby limiting the field to one; person ( did not, it must he acknowledged, obtain, for the Natives the best terms possible. From the correspondence and interviews on© gathers that “precedent consent” is only a permission to obtain signatures, and it conveys no right to the holder thereof to have his deed confirmed. The wail of the Under-Secretary of the Native Department that the limitation clauses of the Native Land Act are being ignored by the Board in allowing persons to deal in Whakekahika is absurd untenable and premature, as the question of areas comes up before the Board when, and only when, the lessee applies to have his deed confirmed. y By inference it must be assumed that the Native Department, where a block exceeds an area either of 400 acres; of first class land, 1200 acres of . second class land, or 3000 acres of third l class land, is against any person/ being allowed to acquire an interest therein (although that interest is probably only a fraction of the whole) unless and until by process of partitions the area to be dealt with is brought within the limitations set out above. I would like intending lessees to kindly ly note the restrictive interm'eta tion; of the new Act, which was claimed facilitated settlement. In conclusion, I must commiserate with those who are barred from obtaining what some of their fortunate fellow brethren, have rightly been; granted, namely, precedent consent to obtain signatures in the Wharekahika block.—l am, etc., GISBORNEITE.