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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

[No. 13. — Copy of letter from the Acting Resident Agent of the New Zealand Company, to the Board of Management of the Native Reserves, Nelson]

No. 13.

Copy of letter from the Acting Resident Agent of the New Zealand Company, to the Board of Management of the Native Reserves, Nelson.

New Zealand Company's Office,
Nelson, July 11th, 1848.

Gentlemen,—

I take the earliest opportunity of calling your attention to the debt due to the New Zealand Company from the Native Land Trust in this settlement.

In 1843, the late Captain Wakefield, as Agent for the Company, advanced to the Bishop of New Zealand, then the acting trustee for the Natives, the sum of £200 for the purpose of erecting a Native hostelery, which was afterwards built accordingly. It was intended at the time to have secured the debt, with 10 per cent. interest, on the Native reserves, and the money appears to have been paid over expressly on that condition. After it had been paid over, technical difficulties were discovered to exist in the way of such security, and none has ever been effected, the debt still remaining, with an arrear of the whole of the interest, except for one year and amounting at this time to £280

Having been informed that you are about to apply some funds, arising from the Trust, to the discharge of debts due from it, I take the liberty of reminding you that the above is one of the earliest contracted by it, and have to request that the interest at least may, if possible, be provided for out of any funds at your disposal. If your instructions do not include this transaction, may I request that you will refrain from disposing of the funds in hand till the Lieutenant-Governor can be communicated with. I have, on two previous occasions, addressed the Local Government on the subject, but the matter has stood over so long that I presume it has, on the present occasion, escaped observation.

I have, &c.,

William Fox,
Resident Agent.

Messrs. Poynter, Carkeek, and Tinline,
Board of Management of Native Reserves, Nelson.

page 278

Enclosure No. 1 in No. 13.
Copy of letter from Lieutenant-Governor Eyre, to the Board of Management of Native Reserves, Nelson.

Colonial Secretary's Office, Wellington, July 5th, 1848.

Gentlemen,

In reference to your appointment and duties as a Board for managing the Native reserves, I have the honour, by direction of His Excellency the Lieutenant-Governor, to enclose the copy of memorandum showing the circumstances under which the Board was appointed, and the general principals on which the Government propose to act with regard to the reserves.

As it is desirable that the present state of all existing circumstances should be enquired into as speedily as possible, and steps taken to make such new ones as may be most beneficial to the interests of the Reserves Fund, His Excellency desires me to observe that it would perhaps be useful, were the Board to have a preliminary meeting for the purpose of considering the question generally, and fixing upon some stated days for receiving applications for land, or for such other objects as the duties devolving upon them may render necessary, due notice of such days, or any other public intimation which the Board might wish to give with regard to the reserves, could then be inserted in the Gazette.

The Board will of course propose some general principles for their guidance in letting lands, and as a general rule, it would be politic to encourage the construction of permanent buildings of brick or stone, by giving a right of renewal of lease at moderately increased rents, or some other similar arrangements. As a general rule it should also be understood that the fund does not repair or improve buildings, fences, &c., or receive any such improvement at valuation at the expiration of the leases,

It would also be desirable if possible to establish the principle, as universally carried out by the New South Wales Government, of requiring rents to be paid in advance.

Similar terms or others which the Board may consider more desirable or practicable, might constitute the general rules, but many cases would require to be considered separately, and upon other grounds; and it will be especially necessary in reference to all existing arrangements to take each case upon its own merits, and make such recommendations as fairness and equity may require.

As each case is investigated and a recommendation made upon it, the Board will lay it before the Lieutenant-Governor for approval, prior to the arrangements suggested being carried out; the Crown Solicitor will then be directed to prepare any legal documents which may be necessary, or to conduct any legal proceedings which may be determined upon.

Instructions have already been given to the Treasurer to receive any payments which may become due from the leasing of the reserves, and to keep such receipt under a distinct heading, to be denominated the "Native Reserve Fund."

This Fund it is proposed should be from time to time drawn upon and be appropriated by the Lieutenant-Governor acting under the advice of the Executive Council of the Province, to objects having in view the welfare and advancement of the Native race.

It will be desirable for the Board to open a book, in which should be entered the number of any section let, its situation and acreage, the terms of the arrangement made, the periods when rents become due, &c., and every three months a copy extract shewing what rents are falling due, should be fowarded to the Crown Solicitor, that he may recover or collect them.

It will be necessary occasionally, for the Board to engage the temporary services of a clerk to keep the book referred to, and prepare or copy any other documents required, and who, His Excellency considers, might be employed at the usual rate per day, when the Board meet, or when his services are required; or the Board might make an arrangement with some one to attend on such occasions and perform the necessary duties for a fixed annual remuneration.

The Lieutenant-Governor, is also desirous that a brief quarterly report should be transmitted to him by the Board, shewing the state, prospect, &c., of the Reserve Fund, and the increasing desire or otherwise of the public to obtain leases, as also any transactions which have been effected during the three months preceding the date of the report.

With regard to the amounts which the Board may assess as fair and just for the Government to allow to the Reserve Fund for any section which they may find it necessary to alienate for public purposes, it is not proposed to pay such sums over immediately to the fund, but simply to let a record of the circumstance, and the amount assessed be entered in the book kept by the Board until such time as returns showing the sums expended in procuring lands for the Natives, or in promoting objects, having in view their welfare and improvement, shall have been obtained and laid before the Executive Council and some general arrangements resolved upon for balancing the account as between the Government and the Fund.

I have, &c.,

Alfred Domett,
Colonial Secretary.

The Board of Management of Native Reserves, Nelson.

Enclosure No. 2 in No. 13.
Memorandum relative to the Native reserves referred to in annexed letter.

Certain lands having been set apart in all the New Zealand Company's settlements as reserves, to be managed for the advantage and benefit of the Natives, it was originally intended to have placed them under the management of Trustees, who, without the power of alienation, might make such arrangements for letting or leasing them, as would secure the largest pecuniary return, and this page 279return was to be devoted entirely to objects connected with the general welfare, advancement, and improvement of the Native race.

The Trustees who were nominated, however, having found many obstacles to the due execution of their trust, gradually ceased to act at all, and at last formally resigned; in the meanwhile, many partial arrangements had been entered into with settlers, for the occupation by them of various reserves and portions of reserves, but as these arrangements were not legally binding, the agreements were either kept or not, as best suited the interests of the occupants, and very few rents were paid.

This state of things showing most unsatisfactorily, and having, for various causes, continued for a considerable length of time, it seems absolutely necessary that the Government should at once take the matter in hand, and endeavour to turn the reserves to some profitable account.

The best way of doing this, appears to be by appointing Local Boards of Management, under whose enquiries and recommendations the Government can carry out the necessary details. It is essential that the Government should retain in their own hands all control over the reserves, because circumstances have made it desirable that in some instances total alienation of the lands should be sanctioned as for ordnance purposes, or to provide sites for hospitals, for churches, for public offices, or for other similar indispensable objects of general and public utility, the Government having no land left them in the Province of New Munster available for such important and available purposes.

Nor will any injustice be done to the Natives by this arrangement, for already, in order to meet their wishes or requirements, or to adjust disputes relative to land, the Government have given up to them, 100 acres reserved as a domain, have purchased also additional sections of land in eligible localities, and have paid considerable sums to parties occupying Native reserves to quit them in order that such reserves might be given over to the use and possession of the Natives themselves; in addition also to which the Government have expended considerable sums in promoting objects or institutions calculated to advance the welfare and interests of the Native race generally, such as building hospitals, &c.,

It may fairly be assumed, therefore, that it would only be reasonable and just that the Government, having done so much for the Natives, and being left without any lands whatever to appropriate to public objects, should reimburse themselves from the lands originally set apart as reserves to be formed for the benefit of the Natives; already many instances have unavoidably occurred in which the original intention of the reserves has necessarily been departed from, some have been given up to the Natives themselves, some have been exchanged for other lands, which were required by them or to compensate Europeans for allowing them to remain on sections belonging to settlers, and some have been appropriated in other ways equally unavoidable from the circumstances of the Colony, and the anomalous position of a Government in a new Colony, without an acre of land at its disposal, for the most important public purposes.

It must be remembered too, that, since the original plan of Native reserves was first brought into operation, many and large additional blocks of land, not then contemplated, have been given over to the Natives.

It is proposed, therefore, in all cases where the Government find it necessary, for purposes of public utility or to promote the general advantage, to appropriate any of the reserves, that such portions of them should be taken as may be required for the object in view, and that the Native Reserve Fund should be compensated by the Government, allowing a fair and reasonable rate of purchase money for the land taken. The assessing the amount of this compensation would, in such cases, constitute one of the duties of the Boards of Management; other duties attaching to them will be the enquiring and examining into the present state of the reserves, and all arrangements which have been partially entered into with respect to them; the hearing and considering all applications for abatement or remission of rents, and all requests for leases or renewals of leases; the proposing terms upon which lands should be let, and, in fact, the investigating and Considering all questions connected with the management of the reserves, so as to enable the Board to recommend such arrangements for adoption by the Government as may be best calculated to promote the establishment and growth of a fund arising from the reserves, which can be devoted to objects having in view the welfare and civilization of the Natives.

E. Eyre.

23rd June, 1848.