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

(Enclosure 3 in No. 2.) — Judge Maning to the Chief Judge, Native Land Court

page 55

(Enclosure 3 in No. 2.)
Judge Maning to the Chief Judge, Native Land Court.

Native Land Court Office, Hokianga, 27th April, 1871.

Sir,—

I have the honour to acknowledge the receipt of your letter No. 60, of date 9th February, 1871, requesting me to report on certain points regarding the working of the Native Lands Acts.

In endeavouring to answer the questions you have placed before me, I beg to be understood, except in cases where my remarks are obviously general, as coming to my conclusions from my experience in the northern districts where I have been chiefly engaged. I also hope that, as I am very much pressed by the business of my office, you will excuse me being as brief as possible in my answers, though at the same time I do not insinuate that were I to use a greater number of words my report would be at all more valuable.

1. Past Workings of the Present Laws.

The working of the present laws, or their failure, depended entirely from the beginning on whether the Natives would or would not accept the opportunity held out to them of individualizing their titles to land, and of holding it by grant from the Crown. They have accepted it with great promptitude and very clear appreciation of the advantages which they obtain, and it is to this, and the very strong public opinion in favour of the present Native laud laws, that may be attributed the authority which the Native Land Court has acquired, founded only on a moral influence, and which has enabled the Court not only to work the law without check, but to finally settle very many old-standing disputes regarding the ownership of lands, which have been the cause of periodical disturbances, and which I do not think could have been settled by the Natives themselves without the intervention of the Court.

2. Effect upon the Maori and European People.

One effect which I have noticed myself, and heard remarked on by others, and which is indeed quite; perceptible, is that there is evidence of an, increase of industry, more economical habits, and a better mode of living amongst the individuals and families who have obtained Crown grants for their farms. This improvement I have a hope will be more progressive and more general as the Native lands become more and more subdivided. When Natives have received grants for their lands, they seem to have no hesitation in, as far as their means go, expending both money and labour in making improvements of a more permanent nature than they had previously done, and not a few have already made a respectable progress in this way, considering their means. I have also not unfrequently heard Natives, on receiving an order for a certificate of title, remark with great satisfaction that they now felt secure in the possession of their property, as, whatever others might do, their land could not be taken or confiscated so long as they themselves behaved as loyal subjects. I think this feeling among the Natives a matter of no little importance. It shows they have faith in the protection which the grant of the Crown, imparts, and that they in consequence feel bound by circumstances and their own interest not to commit any very serious overt acts in opposition to the Government.

The Natives in the northern districts, according to my experience, come into Court in the great majority of cases with the bonâ fide purpose of procuring Crown grants for farms, generally of moderate size, for themselves; they nevertheless do sell land to Europeans, and the ability to do this, given by the action of the Court, is felt as a great benefit by both parties, but particularly so by the intending settler, as it enables him to select exactly the land which suits his purpose; and, though no very extensive land sales have been made, I think the gradual settlement of Europeans, on not very extensive blocks of land, is the most desirable way of settling the country, particularly when the land has been purchased by the settler directly from the Native owner, as it brings the parties into contact in the manner least likely to cause dispute or danger, and most likely to lay the foundation of relations of friendship and mutual advantage.

3. Points found to be defective.

The only objection I have heard made against the working of the Native Lands Act is, that in some instances certificates of title have been given to only a few individuals for lands in which many Others had interests, on the understanding that the minority of the owners actually named as entitled would act as trustees for the rest, and guardians of their interests, but that they did not do so, and in fact sold the land for their own advantage. I do not know whether any such case has really occurred, having, only, heard a report that some such thing did happen at Hawke's Bay. On this I have only to remark that, apart from the question as to whether such a proceeding would be good in law, which it might or might not, according to the real circumstances of the case, I think "The Native Lands Act,1867," section 17, seems a sufficient protection for the interests of Native owners for the future.

4. Surveyors.

I do not think it at all advisable that the surveys of lands should be undertaken by Mr. Heale's office, or by any other official department, for the claimants.

5. When it is taken to be a natural consequence of the contact of two races of men that the soil of the country of one shall pass into the hands of the other, the suffering to the losing race appears to me to be equally inevitable, and therefore not to be in any way reduced or prevented. The higher the losing race may have stood in the scale of humanity, and the greater their material advantages of life have been, the greater will be the suffering, because the loss of the soil means degradation and poverty to the race. I think, therefore, that no plan can be devised for reducing the suffering at all in amount, though it may be reduced in intensity, but only by extending it over a greater length of time. "Whether it is worth while to do so, or whether the more powerful race, though talking about ameliorating the condition of the other, would in reality do so, even were it possible, appears to me to be doubtful in the extreme. Individual benevolence has, no doubt, always existed, and has had more or less visible effects; b t we look in vain for any marked proof of the exercise of benevolence as between races. I take itfor granted that the two races more particularly pointed to by your question page 56are the British and Maori races; and I therefore think it right to state my opinion that the time has not yet arrived in which we can assure ourselves that the soil of the Northern Island of New Zealand will pass permanently into the hands of the British people, or that the British race will be to a certainty the only ruling power in this country.

As the Native Lands Acts in their operation seem to attain the objects for which they were intended, I feel unwilling to suggest any alteration, except those few amendments which have been the subject of discussion between us, and the proposal of which I would leave to your better judgment.

I have, &c.,

F. E. Maning.

Hon. F. D. Fenton, Chief Judge, Native Land Court, Auckland.