OPENING UP NATIVE LAND.

Gisborne Times, Volume XXIX, Issue 3381, 23 November 1911, Page 3

OPENING UP NATIVE LAND.

A SUBDIVISION QUESTION

Wl PERE TRUST AND WAIKOHU COUNCIL. LEGAL ADVICE TO BE SOUGHT. For some time correspondence lias been going on between the Wi Pere Trust and the Waikohu County Council with a view to securing the consent of the hitter body to subdivide, a further portion of the estate without first roading the same. The matter was discussed at a previous meeting of the Council, and it again came up at yesterday’s meeting. The original application, which was dated October 19, 1911, stated that, as the Council was aware, the trustees of the estate had cut up and leased large portions of the property, upon which rates were now being paid to the Coun“cil, and it was the intention of tho trustees to cut up a further portion, amounting to about 16,000 acres, during the coming summer, and offer this for European occupation by way of lease. As the portions proposed to be leased were not yet loaded the trustees asked the Council to pass a resolution as provided under 116 or 117 of the “Public Works Act, 1905,” which would enable them to so act without first forming roads. It was their intention to specially rate themselves for that purpose thereafter. The letter further stated that a similar thing had already been done in regard to the land held by the trustees.

This letter came before a previous meeting of the Council, and it was then resolved that the Council should take no action until the exact legality of their sanctioning such a proposal had been ascertained. Council Within its Rights.

Messrs. Rees Bros, and Bright wroto to the Council yesterday stating that Mr Jackson had called upon them with reference to the matter of the Mangatu No. 1 block, and explained the position from his point of view. They wished to inform the Council that it was within its rights in refusing to grant the exemption asked for. They might, however, be permitted to state that the power given to County Councils to exempt land from the operations of the section had always been liberally interpreted. Tho fact that a dwelling would, in the course of time, probably lie erected on the land had not been considered a bar to obtaining exemption when the primary object of the subdivision is other than for the erection of a dwelling. Mr. H. C.’ Jackson waited on tho Council to explain the position. The block of land in question, he said, was owned by natives, and it was known as Mangatu No, 1. It was controlled by three trustees, of whom he was one. The Government, in appointing these trustees, had placed no restriction on them in regard to the cutting up and leasing of the estate. Already they had leased some 67,000 acres, and now they proposed to throw open for lease another 16,800 acres. "Some of the land now occupied had been leased before being roaded, and this was done with the consent of the Road Board.

He had been informed that the Waiapu County Council were granting similar requests almost evei-y meeting. Unless the permission asked for was granted it would be impossible to place the 16,800 acres on the market, as was proposed, next January. Two Government officials had informed him that it was only a matter of course for the Council to grant this request. If the Council would not consent to the land being leased before being roaded, it would mean that it would be many years before they could open up the land. If they were compelled to make roads it might turn out that many of them would be afterwards found to be useless. Without the Council’s permission the lessees would be unable to register their titles, and to put land on the market before the titles could be registered was, to say the least of it, bad business. If the Council could see their way to grant the permission lie would lie "able to advertise the land for sale at once. He might add that this would leave only 13,000 acres of the block unoccupied, and he felt that the Council would not block the development of the land. The Council’s Position.

The chairman said that before going into the question he wanted to express his satisfaction that the Council had taken time to consider the matter. He had no doubt, he told Mr. Jackson, that the Council would give the matter mature consideration, but he wished to point out that many other blocks in the district had been permitted to be opened without the proper provision for roading having first been made. In answer to a question by Cr. Hegarty, Mr. Jackson stated that the matter of loading would he left entirely in the hands of competent engineers. Mr. Jackson then withdrew, and tho Council proceeded to deliberate on the matter. It was a question, said Cr. Hutchinson, as to whether they had authority to do what was asked of them. The chairman was of opinion that according to the legal opinion they would not be blocking the settlement of the land. He could not see any means by which the Council could he held liable to survey the roads. He did object to the way in which these native lands were being thrown open without anv legalised access of roads. Cr- Hegarty pointed out that tho Mangatu lands could be dealt with Ip every respect as European lands, if the Council was not taking too much responsibility. He was in favor of giving the matter favorable consideration. The chairman thought that it would lie wise to obtain a further legal opinion.

Cr. Hutchinson moved, and Ci\ Lewis seconded, that a further opinion he obtained, and this motion was carried without dissent.

A committee of the Council, consisting of Crs. Hutchinson, Lewis, and Mortleman, was set up to deal with tho solicitors’ report. The chairman added that the Council had no intention of blocking solicitors in any way.