I\«~3_o. _

WORKING OF THE NATIVE DISTRICTS

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No. 3. Mr. Marsden Clarke to the Hon. the Native Minister. Sir, — Waimate, 27th December, 1871. I have the honor to report that a meeting was held at Ohaeawai on Friday, 22nd December, for the purpose of discussing the Native Road Board Act, and other matters of public interest. The Kaitaia, Mangonui, Hokianga, Mangakahia, Whangarei, and Bay of Islands Districts, were well represented by their respective chiefs. Most of the influential settlers in this district attended by special invitation, and took part in the proceedings. Hare Wirikake opened the meeting by congratulating their representative upon his safe return, and then called upon him to relate what he had done in Parliament, and particularly to give them some information about the Native Road Board Act. Wiremu Katene apologised for his (a young man) issuing invitations to the old chiefs in the north, and said that he had not done it with any intention of lowering their dignity or raising himself, but to consult them for the public good; that the Native Road Board was not what he wished to establish, but a Native and European Runanga, which should be empowered by the Government to settle disputes, and to assist the Magistrates in enforcing the law. This was opposed in Parliament, and the Native Road Board substituted, which he had opposed in the House, but that when he heard an honorable member say " That if the Natives would not pay rates they ought not to be allowed to use the roads but have to walk in the ditches,'' that he thought it was better for them to adopt this Act than to have some other brought into force, over which they would have no control. I was then called upon to explain it to them, for although they had a translation of the Act, it was almost incomprehensible to them. After explaining it to the best of my ability, most of those present expressed their satisfaction with its provisions, but those who came from a distance said that they would like to consult their people before resolving to adopt it. I then recommended those belonging to the immediate neighborhood to describe a district, and memorialize the Governor to have the Act brought into force. A district has already been proposed, and as soon as the preliminaries can be got over a memorial will be forwarded to the Government. There is one point in this Act upon which I would be glad to be informed, namely, Is European property subject to the rates imposed under this Act ? and can these rates or penalties be recovered in a Resident Magistrate's Court ? In the proposed district there is a great deal of European property, and unless the property belonging to both races is amenable under the same Act, it will prove unworkable; for it is only with the co-operation of the settlers that the Natives would apply for constitution of Road Boards. All of the settlers expressed their willingness to come under the Act, and as they have considerable influence with the Natives, I cannot represent too strongly to the Government the absolute necessity of amalgamating their interests. I think that circumstances justify my saying that if the settlers are excluded the Natives will decline having anything to do with it. The European gentlemen were most hospitably entertained by Wiremu Katene and Heta te Hara, and the unanimity which prevailed was most gratifying to both Natives and Europeans. The meeting was the most business like I have ever attended, and the subject was thoroughly ventilated. I have, &c, Marsden Clarke.

No. 4 Lieut-Colonel St. John to Mr. Marsden Clarke. Sir,— New Plymouth, 20th February, 1872. I am directed by the Hon. the Native Minister to acknowledge the receipt of your letter of the 27th December, ultimo, and to thank you for the information therein contained. With regard to the question of rating you propound, I enclose you a copy of the Attorney General's opinion on the subject, which it is requested you will promulgate among the parties interested. I have, &c, J. H. H. St. John.

Opinion of Attorney General. I think that only Native lands and lands held under certificates and not granted by the Crown can be rated, but Europeans arc rateable, as w Tell as Natives, if occupants of rateable lands. In districts where the lands are principally granted from the Crown the ordinary Highway Acts ought to be the law under which a Board should be constituted. As to recovery of rates, Governor's regulations will provide; see sub-section 9, section 3. January 20, 1872. - ■ ■ J. Prendergast.