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

No. 124. — Report on the Native Reserves in the Province of Hawke's Bay

No. 124.
Report on the Native Reserves in the Province of Hawke's Bay.

The Schedules appended show the aggregate area of the Native reserves to be as follows: Class A1—Trusts under Crown grant, &c., 8,394 acres 1 rood 19 perches; Class B1?Reserves for a specified purpose, 887 acres 2 roods 17 perches; Class C1?Grants with limitations, 135,532 acres; Class C2—Land to be made inalienable, 2,160 acres; Class C3—Granted lands conveyed in settlement,* 18,132 acres: total, 165,105 acres 3 roods 36 perches.

According to the enumeration in a return of the names of tribes in the North Island, published in the last Blue Book, the Native population of Hawke's Bay consists of l,897 souls. These numbers show a proportion of about 87 acres of reserved land to each Native.

In my report of last year I stated that I had prepared thirteen deeds that were either executed or in course of execution by Natives who had obtained grants to their estates through the Native Land Court, and were desirous to put the properties into trust to prevent the land from being alienated away from their children. I also drew attention to the desirability of altering, in the case of trusts, that part of "The Native Lands Act, 1869," which provides that no conveyance shall be valid that is not consented to by a majority in value of the co-grantees. The Crown grants to Natives, issued under the Native Lands Acts, are generally to groups of ten persons, and that provision, although a salutary one in respect to ordinary sales, is an obstacle to placing the separate shares or interests of individuals in trust. It was found, practically, that as soon as three or four owners of an estate expressed a desire to place their lands in trust there were, if the land were attractive, influences brought to bear from outside to prevent the concurrence of the remaining Natives, whose interests were immediately secured by European purchasers paying deposits of part, if not the whole, of the purchase-money. In this way the intention of several of those who desired to settle their lands on their children has been frustrated; and, in other cases, where the majority in value have signed the trust-deed, the estate will be broken up between Natives and white men. Of course the restriction applies equally where the majority in value are against selling, but an action at law would be necessary to prove the proportion of the relative interests. A new Native Land Act is, I believe, likely to be introduced during the forthcoming session of Parliament. I would recommend the alteration of this law in as far as trusts are concerned.

By the 14th clause of "The Native Lands Act, 1869," it is enacted that in respect to past transactions the proportions of shares or interests of any Natives in a group in a Crown grant shall be considered to be equal. The Natives state that the effect of this is in some cases very unfair, and that in one case the smallest interests in a very valuable suburban estate—improved and with a mill worth £1,000 upon it?were bought by white men whose interest, properly one-twentieth each, became increased to one-eighth each by the enactment, the shares of the remaining co-grantees, who had not sold or moved their interests, being diminished commensurately. This law, I respectfully suggest, should also be amended or repealed.

In order to ascertain how far it is wise further to reserve lands for the Natives of Hawke's Bay, I have prepared a return from the records of the Native Land Court of all lands in that province granted with limitations (i.e., Native Reserves, Class C1) showing alphabetically the names of the Natives for whom the reserves were made, and, as far as possible, their respective interests in detail and aggregate. The figures of this return, considered in reference to the amount of land over which the title is not extinguished, and the extent and condition of the Native population, will afford fair means of determining in future what land the Natives may safely be allowed to part with, and what should be made inalienable.

By the 5th section of "The Native Lands Frauds Prevention Act, 1870," it is made the duty of the Trust Commissioner, appointed under the provisions of that Act, to certify before any Native land can become alienated "that sufficient land is left for the support of the Natives interested in such alienation." I have supplied that officer with a copy of the return above mentioned, and of all the information I was in possession of that would facilitate his work.

The average proportion of 87 acres of reserved land to each Native, as shown by the returns,—or, accepting the highest estimate of the Native population (3,000 souls), 55 acres,—is not of a character to cause much apprehension of the Natives having a scarcity of land for their future wants. The Auckland Provincial Government offered 40 acres for each adult immigrant, and 20 acres for each child; or, page 80roughly, 30 acres per head, as an inducement to persons to settle. By the New Zealand Settlements Act the General Government were enabled to offer 50 rural acres to each military settler, which, as nothing was given to the children, was not a higher rate than that of the Provincial Government. With these the amount of Native reserved land does not compare disadvantageously. But at Hawke's Bay much of the land is fit only for pasturage, and, relatively, a much higher rate ought to rule. It is, therefore, necessary that each individual transaction of Natives in selling their land should be watched by the Commissioner, especially as some of the Natives have but a very small area of their once large possessions left for their own and their children's uses.

I have recommended that the Trust Commissioner should be instructed to bear in mind the circumstances of the following Natives in respect to the sufficiency of land that is to be reserved for them, viz.: The chief Te Heketa, who has no land reserved for him; he is desirous of having Pohirau made inalienable. Paora Kaiwhata has no land reserved for him; he is desirous of having Otukarara. Paora Korokoro has no reserve; he requires Pukehou to be secured in trust. The chief Noa Huke has nominally 262 acres reserved at Ngatarawa; he is desirous of having Te Torohanga reserved for his children; and the chief Tareha te Moananui indicates Tutake Opake and Te Koau as proper to be made inalienable. There are 150 acres already reserved for Tareha, but, considering that chief's position, I beg to recommend that these places be excluded from the possibility of alienation, and placed in trust as soon as possible.

Charles Heaphy,
Trustee of Native Reserves.

Auckland,31st July, 1871. [Note.—For schedule to this report see Appendix to Journals, F.–No. 4, 1871.—Ed.]

* This area cannot be accurately stated until the extent of each individual interest is defined by action of the Native Land Court.

This is, perhaps, below the amount. The Superintendent of Hawke's Bay estimates the number at 3,000, which would give an area of 55 acres to each Native.