NATIVE LAND QUESTION.

Gisborne Standard and Cook County Gazette, Volume IV, Issue 558, 17 January 1891, Page 3

NATIVE LAND QUESTION.

A meeting of citizens waa held at the Courthouse yeeteiday afternoon to meet Messrs Rees, McKenzie, and Carroll, and discuss the important question of the unsatisfactory laws affecting titles to native lands. Among those present, besides the members of the House of Representatives, were Messrs A C. Arthur, E. F. Harrie, Matthews, Clark, Sievwright, Bright, DeLau tour, F. Arthur, Finn, Pitt, Parker, Wyllie, Dickson, Skeet, Matthewson, Joyce, Nolan, Birell, Townley, W. Cooper, Brassey, and M. "Sheet briefly introduced the business, and in commenting on the Commission Act said it was worse than useless. Mr DeLautour said there had been no previous conference on the matter, and he could only speak individually. He then traversed the various measures up to the Act of 188 G. stepping all negotiations and purchases. An Act was then passed in 1888 to allow natives to deal with their lands as they chose, but owing to the different Interpretations nothing could be done under the Act, though it was as well known bb blaok was black and white white what the Legislature meant. Dealing wiih the Commission he said the Commissioners found they were quite without power tn complete any title. Messrs Skeet and Finn had put in applications—he himself had not cared to do so—ard the result bad been worse than useless, as the Commissioners held that where there was the slightest defect in law, even though the transactions Were bona fide and not objected to, they could not give a title What the representatives were wanted to do was to try and secure a provision that would convey their real intention, without allowing it to be so interpreted as to be useless He illustrated how time after time the intention of tbe Legislature had been defeated by the way in which it was allowed to be interpreted. It was fair to ask that what was attempted in 1889 should be really enacted, and if that Could not be done in time, that at least good titles should be protected until it Could. The twelve months allowed for statuary pro tection would run out in the middle of March, and then every title not got under Crown Grants, even Land Transfer, could be protested agaiust, and so far as they knew there would be no protection unless each purchaser Was prepared to go to the Privy Council The effec of the Commission breaking down would be eitberihatnoone would put in applications before March, and the Commission would be 5 nullity, or if they put them in and paid the fees they would have to go on and risk tbe indefinite conclusion. In one office alone there were thirty applications ready to be put in. The bulk of applicants seeing no chance ot relief hesitated to put in applications at all. He then read the following suggestions which he had noted in writing:— 1, That an Act with proper recitals should be prepared by the Government, giving effect to the clear intention of section 16 of th Native Land Act, 1888, validating retrospectively all transfers of lard held at the time of transfer by natives under memorials of ownership or eertifiea'.es of title, in all oases where aliei at'ons of the fee simple were not i iprcssly and specially restricted by restrictions placed by order of the Land Court in the memorial or certificate, 2, That if Parliament does not sit long enough to enable the Government to frame Such an Act and have tbe same passed into law, that the protection from litigation protided by the Native Land Laws Act Amendment Act, 1890, should be extended until tbe expiration of one month after the end of tbe Session next again to be held thereafter. 8. That in order to make the present Commissioners' Court effective the amendments S ggeeted by the Commissioners before the last session of Parliament, and reported to the Government, amending section 27 of tbe Act of 1889, be carefully considered and immediately passed into law. 4. That if such amendments as last mentioned cannot be passed during the session immediately to ensue that tbe time for Sotting in under section 21 of le Native Land Court Acts Amendment Act of 1889, as amended by section 5 of tbe Act of 1890, be extended until the expiration of one month after the end of the session of Parliament next again to be held thereafter. Or if application is or has been made to the Commissioners for enquiry until the end of the session nest ensuing after the Commissioners shall have dealt with or reported upon any application brought before them, exclusive of the extraordinary session now about to be held, He said No. 8 dealt with the amendments tbe Commissioners had themselves made, knowing that they would no’ have sufficient power, but which had not been brought before tbe House. In reference to tbe question of fees be said there was a great deal of correspondence new going on with tbe Government. The subject was one upon which the vitality of the district depended, People often cam' here wishing to take up land, but they were compelled to advise that to do to would only be to purchase lawsuits. The Major (Mr Townley) also dweltjon tbe unsatisfactory nature of tbe laws, and the way intending settlers were driven away, The commercial aspect of the question mils' be plain to everyone—the district was large pna fertile, b«t was languishing on account of the impossibility ot getting satisfactory titles, Some means ought to be devised to give people titles. Io tbe Whangtra case all were at one tn tbe matter, and yet a title could not be obtained, Tbe settlers would give every support to measures that would bring forth tbe results desired. Mr Harris said Mr DeLautour had put the questions forcibly, and he quite agreed with th m, but Mr DeLautour had spoken from tbe European side, while he looked at it from the other point. The laws as they stood aTgcted tbe colony as a whole, the owners being unable to utilise the fend themselves, Mr d°J ce objected to the meeting being called without giving the member for the district knowledge of it. Though he himself agreed with what had been said, he would like to see an Act on a broader and more expansive scale. He would have liked - * to see a public meeting called, at which a greater number of Ute public could be present. Ha thought the subject should be looked at from its broadest basis, Mr Bees said Mr McKenzie had come there at the invitation of those who had C died the meeting Messrs Sheet and DeLaucour had spoken from the professional Side, Mr Townley from the commercial side, Mr Harris from tho Dative aide, and Mr from the side of the body of he poople* Something would h&te to be done to remedy the present disgraceful things Tvhieh bed now reached a climax by the dedifeloT of the Commission declaring that the legislation which was supposed to give a remedy, only showed ail the defects They bad to look at the past and also to the future, and future legislation must enable the public -to "get sorn * benefit from the ri<b iaas< of the colony. But a House sitting bnrtiediy like that next week would hoi have time to go yroperlv into the subject, and it to him could be asked to dp no more than pass a few simple clauses giving protec tion» He intended to move for a oouipetent Ccu.mUaion (the question must be considered quite eut ef the range of party) to go into the ffbbfe aftair. In this dfoiiroi ihe nativee had

in one case taken quasi-armed possession, and would not Europeans who honorably paid for the land do the same ? Of course they would and the public peace would be endangered, and there might even be bloodshed. He bad discussed the grave position of affairs with Mr Carroll, and he intended to move that a few simple clauses be passed in the meantime. In Mr Arthur’s case, because one of the formalities had not been attended to, though there had been full fair play, the Commission could do nothing. That was a disgrace to civilisation. The power of the Commission should be extended so that these trifling things could not upset a title. He gave instances showing the disgraceful state of the laws—it was not the Judges but the laws were at fault. Where everything was fairly done, and especially when no objection was made, it was scandalous that security of tenure could not be obtained. There were serious cases—not fair ones like Whatatutu and Whangara— that ought to be fought out in open Court, in cases where accusations of unfair dealing were made, but where there were nothing of the kind all technicalities should be remedied and the Court through the Governor-in-Council given extended powers to do such things—to validate agreements where everyone consents, and in cases of dis pute that ths matter could be delayed until tbe interim Commission he proposed to mov.- to have set up could bring down a report dealing with the whole question. Mr DeLautour and him elf had on discussing the new law at once decided that the Commission Act could not work. In regard to Jdr Kelly, Mr Rees said it was well known that they would work together in endeavoring co get thass matters settled.

Mr Carroll said ha had already discussed the matter with Mr Rees and was at one with him on the subject. He had always, where he found he a mid do so without detriment to those he diractly represented, did What he could for the district, and any rspre* sentaticns made to him would receive h’B attention. With the preent- si ate of things the natives were injured and the Europeans got disgusted, and it was his object to have the troubles between the races done away wi'-h—in this matter both races were equally concerned. It was evident that the intention of the Legislature in regard to the Commission had been frustrated by its inability to remove technicalities preventing . titles being given when all sides were agreedHe did not think more could be done during the coming session (ban give protection during the recess. Mr McKenzie eaid ha was very pleased to have heard the views expressed. He had no idea that such a state of affairs existed anywhere in New Zealand as that where all were agreed a good title could not be obtained, and be would do all he could to have things placed on a better footing. He admitted that Southern members were not sufficiently well up in these questions, and members rep;e~ seating native districts, which were usually sparsely populated, were liable to be jostled aside by the gieater number. Ha suggested that on the Commission proposed some Southern members be included. (Mr Bees ; Hear, hear.) He did not think mure could be done for the time being than shielding those who were in peril, Mr A 0. Arthur proposed a vote of thauks to the m mbere. He thought the House might do something this session in the way of extending the powers of the Commission so as to enable them to deal with cases in which technicalities only barred the way. In regard to what Mr Joyce had said, he explained that the meeting had been delayed in the hope that Mr Kelly would be able to be present, and that a kind of informal meeting had been adopted ns being the most suitable to get the matter properly taken up. He was specially pleased to see Mr McKenzie present, as a Southern representative, who had not had dealings in native lands, coming there and judging for himself, would have a great deal of influence when he went back.

Mr Finn seconded the motion. Mr Dickson said that Mr Kelly had expressed his intention of calling at Gisborne and learning the wants of the people, but not being able to do so had sent a request that the local bodies should confer, and acquaint him with the local necessities. He believed that not only would Mr Kelly ably advocate the wants of the district, but that a Liberal Government would soon be in power, and thus enable them to get more liberal land laws.