Half-Castes

From the passing of "The Native Land Act, 1865," until last session, the definition of "Native" meant an aboriginal Native of New Zealand, and included half-castes and their descendants by Natives. The legislation of last session, with a view, as it was hoped, of improving the position of descendants of mixed marriages between half-castes and Europeans, struck out the words "by Natives" in Section 3 of "The Native Land Act, 1886." Not to mince matters, the effect of the definition of the word "Native" as it stood was to legalise immorality and encourage robbery. Cases in support of this statement are within your knowledge, and have, I believe, been discussed in Parliament.

"Native Land" means land in the Colony owned by Natives under their customs or usages, but of which the ownership has not been determined by the Court." Succession hero is a veritable "Chateau de Espagne," about as valuable as the honor of nobility conferred on the ancestors for three generations of the British Ambassador, on the occasion of the recent marriage of the Emperor of China, more sound than reality, the amendment of last session practically loaves the question as it was before as regards the matter of succession.

"Hereditaments" means land granted by the Crown to and held by Natives. Here at least there may be a substantial benefit to the child of a half-caste, but to "land" which moans any land in the colony owned by Natives, except "Native Land," and as "land" in this sense means land to which the title is under Memorial of Ownership, Certificate of Title, Land Transfer Title, or Crown Grant, other than hereditaments, the child of a European and half-caste is no better off than he was before last session, and the child of a half-caste and a Native is actually placed in a worse position.

To increase the absurdity of the position, the succession is only barred to the child of a half-caste—his child comes in again as a full-blooded Maori.

"Are things what they seem,
Or is visions about?
Is our civilization a failure?
Or is the Caucasian played out?"

I would suggest that the Section be amended by adding the word "land" after the words "Native land" in the second line; or, better still, to repeal the whole clause.

Under Section 3 of "The Native Lands Frauds Prevention Act, 1881, Amendment Act, 1888," a half-caste who understands the English language, if that knowledge is certified to by a Justice of Peace, can execute a deed of conveyance or lease with the like formalities as required by Europeans. This concession is only as to the execution. To validate the transaction the Trust Commissioner must satisfy himself that the formalities required by the above Act have been complied with, and grants his certificate accordingly. I have already argued that the powers of the Native Land Court should be limited to settlement of questions affecting orders for titles issued by that Court, and I see no reason why the Trust Commissioner's duties should not be restricted to dealing in land with Native Land Court titles. I admit it is desirable, in the interests of both Natives and Europeans, that this inquisition should to some extent be held, but think a distinction should be made in the case of an English-speaking half-caste, more especially when that half-caste possesses land under Certificate of Land Transfer or Crown Grant in his individual right, He can purchase from Europeans or the Crown without being troubled by the law as to whether "the transaction relating thereto is contrary to equity and good conscience" or otherwise; but he cannot sell this same land again without being put under the harrow of the Trust Commissioner's enquiries. The result of these enquiries is to depreciate the value of the price to be paid to the half-caste, besides saddling him with extra legal and Court expenses. The remedy for this would be to extend the exemption as to "execution" by including therein enquiries by the Trust Commissioner when the dealings is with land other than land under Native Land Court title.