TRANSFERS OF LANDS.

Dominion, Volume 4, Issue 959, 28 October 1910, Page 9

TRANSFERS OF LANDS.

POWEKS,'OP. BOARD. DEFINED.

v Atits meeting-yesterday, the Wellington Land-Board considered'a letter from the Department of Lands'which makes.clear.'in an important particular the power of the board in dealing with' transfers of land held by-CroWn tenants. There has been hitherto a measure of'obscurity as to the operation of Land : Acts, passed at' ivarious times, upon 'transactions of this kind. The. letter • mentioned conveys an opinion emanating from the Crown Law Department, and running as follows:— ■■....

"I am of opinion that Section 81 (of the Land Act, 1908) is not retrospective, and that the right of a' Crown tenant to transfer, or sub-let is governed in each case by the terms 'of his lease, and the provisions of the particular Act under which his loase- was granted. It seems clear from the terms of Section 84 that it applies only to leases granted under that Act, and .this is explicitly provided by Section 85, Which provides that 'notwithstanding anything in the last preceding section,: every lessee -or licensee under any Land Act formerly in force ..... shall havo, and may exercise, any right of transfer granted by his. lease or license,'or by tho Act under which such lease or- license was granted. , ' The provisions containod in Section 84 (a) of the. Land Act, 1908,. were first" enacted by Section 35 of the "Land Laws Amendment Act, 1907," and were expressed to be substituted for the provisions of Section 83 (1) of tho Land Act, 1892. It is in my opinion clear, that under the Consolidated Act of 1908, Section 85 preserves' all rights- of disposition , which existed under the Act, by virtue of which any particular lease was granted, notwithstanding the imposition of further restrictions by later legislation." The effect of this opinion is that leases under Part 111 of tho Land Act, 1892, issued between October 11, 1892, and- November 20, 1907, are governed by Section 83 of tho Land 'Act, 1892, only; if; issued between November 20, 1907, aiid August I, 1908, by Section 35 of the Land Laws Amendment Act, 1907; and if issued since that date, , under Part 111 of the Land Act, 1908, by Section 81 of that Act.

The Commissioner remarked'- that this was a very important communication in its bearing on the board's right of granting transfers. The ruling of the Minister would assist the board materially. Hencewhen a transfer passed the board, save in respect of leases granted under tho Acts of 1907 or 1908, it would bo final. •' It was decided to net on the ruling.

Manager—'Tes, tho old farmer was a little sceptical about pur wild.man really being wild, but I satisfied him." Fat Man— ,r Xou did? How? Manager—"Why, I told him tho wild man was an ox-Mor. aou, who oaco had sixteen wives."