Page image
Page image

71

G.— i

" 54. Applications in relation to lands in the papatipu state—lands over which the Native title has not been extinguished—applications for subdivision, succession, for the appointment of trustees for minors or for persons incapacitated, such as lunatics, idiots, or persons who, through extreme old age, are unable to prudently manage their own affairs. Applicants for the appointment of trustees for certain lands to be set apart, for the benefit of the tribe, for cemeteries, roads, forests, for land, for personal or real estate. Applications relating to the administration of estates, farms, the sales, leases, or mortgages of properties or exchanges. Applications for surveys for Commission Court inquiries. Applications for trustees —such as above referred to —to make advances of money. Applications for removing restrictions off land, and all other similar matters of a proper character to be dealt with. " 55. All such applications as aforesaid to be sent to the Chief Judge of this Court by the applicants. Applications relating to surveys to be forwarded to the Chief Surveyor, who will cause the same to be published in the Gazeite. All applications as aforesaid to be sent to the Chairman of the Committee for investigating Titles ; the grounds of such applications, published as aforesaid, to be inquired into, and the result thereof to be indorsed on the said applications. " 56. Parliament to appoint a Commissioner to investigate and adjudicate upon all matters of dispute existing between the Government and the Natives; also to inquire into and adjudicate upon all disputes affecting the Natives relating to sales, leases, and mortgages of past years, beginning from 1865 and down to the present time, 1891. That the decision of such Commission be as effectual and binding as the decision of the District Native Land Court. " 57. That all such causes of complaints be adjudicated upon and dealt with under the laws that existed at the time the causes of complaint arose in regard to Native lands, or at the time of the administration of those laws. The said Commission Court to ascertain if the requirements of those said laws have or have not been complied with. " 58. The Commissioner to be appointed to be a thoroughly capable man, well versed in the law, and also to be well acquainted with the customs affecting Native lands, together with all the rights and usages relating to the same. The Government to be able to avail themselves of the services of some of the six Assessors hereinbefore referred to, as associates for the said Commissioner, when appointed by the Government to hold a Commission Court in any of the districts already mentioned in this Island. " 59. All claims and all applications whatsoever made to this Commission to be adjudicated upon to be forwarded to the office of the said Commissioner, who shall send the same to the Committee for investigating Titles, who. will carefully inquire into the nature of all such applications, and ascertain the grounds upon which they are made. When such applications are passed by that Committee, and sealed with the seal of the Committee, and signed by the Chairman, and have attached to them the decision of the Committee, they shall be forwarded to the Commissioner to have them published, together with a notification of the date when the Commissioner will sit to adjudicate upon all such claims as are passed and approved of by the Committee. Should that Committee discover that any application as aforesaid is of an improper character, and that the grounds for such application are not made clear, they will not deal with any such application, but will refer it to the Commissioner to be adjudicated upon by him. " 60. All these applications, shall, however, that are sent to the Commissioner, be forwarded for publication in the Gazette, and the month and the day notified upon which the Committee for investigating Titles shall assemble, as well as the applicants themselves. Should an applicant not appear at the place so fixed for assembling at, while the Committee are in attendance, the claim shall be struck out of the Gazette and dismissed. " 61. None of the amendments made by Parliament to the Acts of 1865 and subsequent years up to the year 1890 to have any force or effect before this Commission Court, because these amendments were made for the purpose of rectifying wrongful acts of officers, and of laws passed from time to time. That the work done from time to time should be judged according to the law that prevailed at the particular the alleged irregularity took place in regard to Native lands, from those times past down to the present year, 1890." With reference to clause 31, which provides that all documents relating to the Court should be in Maori, I may explain that the necessity for it arose from the fact that very often the interpreters do not do their work properly, and occasionally are drunk. And, moreover, there is no confidence in the interpreters, because they may be brought to act in the interest of particular parties. But if everything is in Maori there could be no mistake or misunderstanding. If a Maori signs his evidence written in Maori the interpreter cannot be blamed afterwards. These resolutions really constitute a draft bill of sixty-one clauses. Then, the Wairoa meeting, in addition to the foregoing, also passed the following resolutions : —" This committee considers that if the tribes and their hapus on the West Coast or South Island do not approve of this law, it is well. Let the law be passed and brought into force for the east coast alone of this Island, that is—within the boundary of Kahungunu, commencing at Te Kaha-nui-a-Tiki and ending at the Whanganui-a-Tara. We, the people of this tribe, and our hapus, pray to Parliament and to the chiefs and councillors of both Houses of Parliament, to grant this request of ours, to give effect to our prayer, and grant us such a law as this we ask for our part of this Island. This committee are also of opinion that the three Commissioners at present holding office should draft the necessary law of this committee, that the various clauses and provisions of this law may be clearly set out. This committee is also of opinion that the three Commissioners now appointed, along with three competent Judges, to be selected from the Judges of the Native Land Qourt of this Island, should take the conduct of this Bill in hand, so that it would be successfully dealt with. The Judges should be conversant with the Maori customs and usages in relation to their land. This committee is of opinion that three Maoris of great knowledge, and thoroughly well informed, should be associated with these Commissioners and Judges to aid in the preparation of this Bill before it would be submitted to Parliament. Sufficient."

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert