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An Epitome of Official Documents Relative to Native Affairs and Land Purchases in the North Island of New Zealand

Irresponsible Agents

Irresponsible Agents.

The Government has in its power to keep under its own control a powerful political engine, but has handed over the active working of an important part of the machinery to irresponsible agents, whose chief interest is naturally their own private emolument. The present system of allowing agents and counsel, paid by the Natives, to fight the title of opponents in Court, before a Judge who has only the evidence thus brought before him to judge from, is the parent of much mischief. These agents set to work to get up, to the best of their ability, the case of their clients. The land thus becomes a subject of contention in a new arena into which the Natives enter with a zest, regardless of the cost, which they never stop to estimate. Old land disputes, which have slept for years, are again stirred up, to be fought out in the Land Court. Each party is eager to support its own claims and damage its opponents. Each party is backed, behind the scenes, by some capitalist, who liberally advances cash, having in view the promised security of a mortgage at a large rate of interest. The interest is not likely to be paid, nor is it expected to be paid; but a favourable time for foreclosing will be awaited. This, I have heard on good authority, is what is being done and contemplated. The future of the successful parties is not pleasant to look forward to; the unsuccessful parties are of course dissatisfied.

What if they do not respect the decision of the Court? Is the Executive prepared to enforce its decisions? We believe there will often occur cases where amicable compromise would be a fairer and safer method than a contest as now conducted in the Land Court. But how much more difficult to bring about this after angry feelings have been stimulated by such contests. Perhaps a new trial is demanded and granted: more litigation, more expense. What with fees to the Court and fees to counsel, agents, and surveyors, the action of the Court is rendered burdensome to an extent which never could have been contemplated by the Legislature. Mr. Weld predicted that the Court would prove the straw thrown out to save a drowning race. It is feared it may prove the feather which will break the camel's back. To obtain a Crown grant for a piece of land containing less than a certain number of acres is now impracticable by reason of the expense.