The Pamphlet Collection of Sir Robert Stout: Volume 67

Introductory

Introductory.

The

difficulties and obstacles attendant on the acquisition of Native lands by Europeans having been fully entered into in the previous pages of this pamphlet, it may be expedient to here state succinctly the defects in previous legislation on, and proceedings relating to, the Native Land question, poll it is proposed to remedy, and, if possible, remove by the provisions of the Draft Act now submitted for consideration, viz:—
1st. The peripatetic nature of the sittings of the Native Land Courts, caused by the Judges not being appointed to and permanently stationed in defined districts.
2nd. The consequent ignorance of the Judges and A ssessors of the natural features of the country, and the particular class of title prevailing in any district.
3rd. The enormous expenses of executing surveys, caused by two or three surveys being made by contending parties for the same block.
4th. The sittings of the Native Land Courts being frequently fixed to be held at long distances from the land the subject of investigation, thereby debarring large numbers of elderly claimants, and infirm people, from attending thereat; also entailing enormous expense and loss of time by taking the active members of a tribe away from their homes.
5th. The method of procedure of the Native Land Court being so greatly assimilated to the practice of the Supreme and other English Courts of Law within the Colony, which is not understood or appreciated by large numbers of Natives, and the necessity of adopting such a course of proceedings as will be more in accordance with the Maori ideas of dealing with their land questions.
6th. The frauds practised on large numbers of Natives (frequently on the majority) interested in lands, the title whereof had been investigated by the Native Lands Court, by the limited number of persons whose names were inserted in Certificates of Title and other instruments made by order of the Native Land Court.
7th. The enormous expense of procuring the signature of hundreds of Native owners (scattered all over the country) to conveyances and leases of single blocks land.
8th. The doubts as to the validity of the titles of [ unclear: Europe] through the conflicting legislation on Native [ unclear: la] questions.
9th. The unsatisfactory state of outstanding and incomplete purchases and leases.
10th. The stagnation in all Native land transactions through the provisions of recent enactments, seriously affecting the position of the vendors, lessors, purchasers, and lessees [ unclear: the] same, and the consequent prevention of the investment of capital in that direction.
11th. The extreme unpopularity of the "Native Land Administration Act, 1886," and the unwillingness of the Natives to bring their lands under its operation.
12th. The urgent necessity for speedily ascertaining and determining the titles to Native Lands throughout the North Island, by which the necessity for special legislation on Native matters could be dispensed with, and the expense of the Native Minister's Department could be saved.

An Act

to define and determine the title to lands held by Aboriginal

Title

Natives under Maori Usage and Custom, and to make provision for regulating the sale and other disposition of Native Lands, and for validating and settling incomplete titles thereto.

Whereas

considerable discontent and dissatisfaction at present

Preamble

exists among the Aboriginal Natives of New Zealand with respect to the laws governing the sale and other dispositions of their lands; and it is expedient that their Proprietary Eights to and over all lands held by them according to Maori Usage and Custom, should be speedily ascertained, determined, finally settled, and clothed with a legal title, assimilated as nearly as possible to European ownership under the statutes in operation within the Colony. And it is further highly desirable that stops should be taken without delay for securing permanently, and irrevocably to the Maori Race ample Reserves of such lands for their use, maintenance, and benefit, and that provision shall be made for granting titles thereto. And whereas Agreements have from time to time been made between Europeans and Maoris for the sale and lease, or other disposition of Native Lands, and numerous Deeds of Conveyance and demise have been commenced and partly executed, and it is desirable for the well-being of both races of Her Majesty's subjects in the Colony of New Zealand, and for the encouragement of settlement and progress, that these incomplete and outstanding purchases and leases should be completed, and finally and legally settled with as little delay as possible. And whereas numerous disputes and expensive suits at law have arisen through defects in, and doubts as to the meaning and intent of, several of the statutes relating to Native Lands, and to dealings therewith, and doubts have arisen as to the validity of certain instruments of title intended and supposed to have been made in accordance with such enactments, and it is expedient that such disputes, lawsuits, and doubts should be removed and for ever set at rest, and that all acts done in good faith between the parties thereto should be set right, validated and confirmed:

Be it Enacted

by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1. The Short Title of this Act is "The New Zealand Native Land

Short Title

Titles Settlement and Determination Act, 1887."
2. "The Native Land Court Act, 1886," "The Native Land Ad-

Repeal

ministration Act, 1886," and "The Native Equitable Owners' Act, 1886," together with the Acts named in Schedule 1 hereto are hereby repealed.
3. In this Act, if not inconsistent with the context,—

Interpretation

4. The Governor may, by Order in Council, divide the North

The Governor may make districts

and of New Zealand into districts to be styled "Native Land Districts," giving a distinctive name to every such district, and may at any time, as he may think fit, alter the boundaries of, or abolish any such district. In fixing the limits of such districts, in all cases where known tribal boundaries exist, these shall be adopted; in cases where tribal boundaries are not clearly defined, then the division line of districts to follow some natural feature of the country such as a river, or a range of hills, but in no case shall a straight line from one given point to another be allowed except where an actual survey line has been defined on the ground.
5. The Governor may from time to time appoint such person as

The Governor may appoint a Chief Commissioner and General Registrar of Titles

he may think fit, to be a Chief Commissioner and General Registrar of Native Land Titles under this Act, and may from time to time, as he may think fit, remove such officer.
6. The Governor may from time to time appoint such persons as

The Governor may appoint Commissioners and District Registrars

he may think fit to be Commissioners and District Registrars of Native Land Title, and may from time to time, as he may think fit, remove any or all of such officers. The Governor shall, on making any such appointment, specify the district within which the person so appointed shall exercise the powers vested in him under this Act.
7. The Governor may also, during the absence or illness of the

The Governor may appoint Deputies

Chief, or other Commissioner, appoint a deputy Commissioner who shall, during the Governor's pleasure, have and exercise all the powers Tested in a Chief, or other Commissioner, under this Act.
8. The Governor may from time to time appoint such person as

The Governor may appoint District Surveyors

he may think fit to be a District Surveyor for any district constituted under this Act, and from time to time, as he may think fit, remove such District Surveyor.
9. The Governor may from time to time appoint such persons as

The Governor may appoint other officers

he may think fit to be Assistant Surveyors, Clerks, Maori Interpreters, (the latter to be duly Licensed under this Act as hereinafter provided), or such other officers as may appear to him to be necessary for effectually carrying out the provisions of this Act, and from time to time, as he may think fit, to remove any or all of such persons.

Seal of office to be provided

11. The Minister for Lands shall furnish the Chief Commissioner with a seal of office and every Commissioner with a similar seal, but showing thereon the District for which it is issued.

The Governor may appoint Court for district

12. The Governor shall constitute a Court for each district, which shall be presided over by the Commissioner of the district, with power, when necessary, to sit with the Chief, or any other Commissioner or Commissioners, as hereinafter provided.