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The Pamphlet Collection of Sir Robert Stout: Volume 68

The Native Land Court

The Native Land Court.

The Crown having so to speak made a bargain (although in the nature of an enforced one) with the Natives, it ought to follow that the benefits to be derived from the Native Land Court department should be of a substantial and lasting nature in return for the money paid. This, however, is not the case, and until the Judges of these Courts are placed on the same footing as Supreme Court Judges, and the Chief Judge made responsible for the working of his department, the maximum 'of efficiency will not be attained. The present status of these gentlemen cannot be justified on the ground that the law they have to administer is only temporary. That law has been in existence now for twenty-four years, and so far as appearance go will last another decade or two. To assign the Judges certain permanent districts, and make them resident therein, would materially tend to the better performance of their duties. They would become better acquainted with the nature of the titles to the land, its natural features and position, both important factors in subdivisions, and, what more essentially should impress the Treasurer, this system would effect a considerable saving in the expense of the Department especially in the matter of travelling allowance. The position of Assessor to the Court is also one which does not receive that consideration which the importance of the office entitles it to. Really able Assessors can be counted on the fingers. The present roll requires purging, and to secure the services of really good able men the present wretched pay should be increased at least fifty per cent. Another feature that tells against the efficiency of the Court, is the not having permanent Clerks attached to the Courts. To some extent it is owing to the present system, that the records of the Court are so unreliable, more particularly the minutes of evidence. The Clerk should possess some knowledge of the Maori language and have received a modicum of training for his work. To read over to a witness the evidence he has given and obtain his signature thereto, in the same manner as depositions are treated in other Courts of law is also desirable. This course would tend to make the witnesses more careful, and their evidence more reliable. The Court fees could also be well reduced.