THE MOA FLAT SALE.

Evening Star, Volume IX, Issue 2724, 9 November 1871, Page 2

THE MOA FLAT SALE.

We give the evidence taken by the select committee of the Legislative Council appointed to consider the recent sale of land to Mr Clarke October 13.

James Esq., M.H.R., Superintendent of Otago, having attended the committee, stated :—That he believed he was in possession of the ma,in facts of the case ; that the only part of the sale that he had reason to object to was the sale of 3000 acres of the Moa Flat, which had been previously surveyed, with the intention of being placed at the disposal or small settlers ; and that he held the sale of those 3000 acres to be prejudicial to the public interest; that that was the view of all the other members of the Otago Executive now present in Wellington ; that he considered that the sale had been made too precipitately. He would refer the committee to Mr Reid for any detailed information as to the land in the tracing. By the the Chairman: Do you think the allowance for survey excessive ?—I imagine that the survey will have to be done by the District Surveyor, whose fees are fixed by the Waste Lauds Board. I think the survey could have been effected for much less. [Here Mr Macandrew stated that he would obtain the scale of charges and the terms on which the district surveyors were engaged] Can you give the committee any opinion as to the compensation of 2s Gil per acre, said to have been paid ?—I think the compensation over 11,000 acres should not have been paid. I think the covenant should have been exercised.

By tho Hon. Mr Monaic* ; la thffO not a doubt as to the transfer of the obligation of the covenant with tfle lease ?—The question has been raised, but I entertain no doubt myself. By the Hon. Mr Buckley : Was the 5000 acres in part surveyed taken under the Gold Fields Act, and was any compensation paid ? —The transaction had not been completed, and no compensation had been paid tinder that Act, as the transaction had not been completed at the time of the sale to Clarke. By the Chairman : Can you explain the allegation about the head-money payable?— The head-money is payable in advance, and consequently had been paid up to the Ist October.

Are you aware of the commission paid for negotiating the sale, and is there any precedent for it ?—There is no precedent for paying commissions for sales privately conducted. There is an appropriation for auctioneer’s commission, to which , this commission has been charged. It is no part of the contract for sale by the Waste Lands Board.

Is there any power en the part of the Government to extend the time for payment of the balance of purchase money beyond four months ?—ln practive I believe it is frequently done, and I imagine for very good reasons. Ido not think there is any specific power in the A ct. Has the Government the power to make roads through the block ? —I third there is a power to take roads under the Crown Grants Act, 186G, and provision will no doubt be made accordingly By the Hou. Mr Merzi s: Is there not a Provincial Ordinance giving power to take rods?— Yes ; but lam putting that out of the question/ as the other is the more important. By the Chairman : In the land sold was there included a block of 6,000 acres, previously surveyed?—s,ooo acres had been previously surveyed, but 2,000 acres were included in Mr Clarke’s homestead ; or, at all events, it was considered reasonable that he should have that amount.

By the Hon. Captain Fraser: Are you aware that other runholders have applied for leave to purchase land about their homesteads, and have been refused ? —I am aware that several applications have been made by landholders to purchase land within their runs.

By the Hon. Mr Buckley: Have any reasons been given for declining these applications ?—There were no special reasons given, so far as lam aware. They were probably declined on the ground of being prejudicial to the public interests. By the Chairman : Has this land been sold without bebig gazetted?— That was the case. By the Hon. Mr Buckley; In clause 83 of the Laud Regulations it states that when land is sold with the consent of the iunholder, it shall be sold in the same way as if in hundreds? —When a new hundred is proclaimed, a day is named on after which applications will be received for purchase of land applied for by two persona on the same day. By the Hon. Captain Fraser : If I had put in an application for the block sold to Mr Clarke, would it not have stopped the sale ? —!t could not b.ave been received without the sanction of Mr Clarke.

By the Chairman : Is any portion of the laud su table for settlement ?—About 3,000 acres peculiarly suited for sale. The rest of it is very indifferent—the bulk of it—not

worth LI an acre, 1 should say, or anything like it. . Have residents in neighborhood' been asking for land to be thrown open for sale ? There is always agitation in gold fields towns Has any unsurveyed land been sold under the Act of 1860 without being gazetted? -

I cannot answer that question. By the Hon Mr Buckley : Had the Superintendent and Executive power to rescind the sale prior to the completion of the sale ? The Waste Lauds Board has the power to rescind it. Mr Macandrew here added as a remark : “ With all the allowances and deductions, I consider it has been a very excellent sale for the Province, except on the single point of the 3,000 acres.” By the Hon. Mr Mcnzies : In case the lease of the land had been cancelled, and 50.000 acres thrown open for settlement, what amount do you think would have been taken up in the next four years ?—Not exceeding the 3000 acres, if that; but very likely that would have been taken up, as-

suming the price to be LI. Donald Reid, Esq., M.H.R., Provincial Secretary of Otago, attended the committee, and stated, with reference to a document which he laid before the committee, showing a scale of charges for district surveys, in the Province of Otago, that that was the scale under which the Provincial authorities were then acting, though as yet it had no legal force. Mr Reid was then examined. By the Chairman : It is stated that an allowance of two shi lings an acre has been made to Mr Clarke; whereas the survey might have been completed for sixpence an acre ?_I have no doubt that was part of the arrangement for the purpose. What is the usual allowance made in such

cases?— The practice has been to give an allowance of ten per cent, in laird when the applicant has effected the survey ; but generally the Government has effected the survey, and sold the land afterwards The cost of survey has varied from Is 3d in blocks to 7s in case of spotted surveys, per acre. By the Hon. Captain Fraser: Had the Government made a survey, would it have cost more than 6d per acre?—Kot more under the new regulations; but of course we pay the surveyor a retaining salary. Why was the land—l mean the 11,000 acres—not taken under the covenant without compensation ?—lt has not been our practice to exerc : se the right. Since I came into the Provincial Executive I do not recollect of more than one case in which we attempted to exercise the right, I think we have the power to the right if we chose to exercise it; ond I think we still have the power over the rest of the runs over which the covenants extended. By the Hon. Mr Menzies : 'n the transfer of the lease from Chalmers to Clarke, was the obligation retained?—l cannot say; it would depend whether the right was retained in the transfer.

Is there any power on the part of the Government to extend the time for payment of the balance of the purchare-money beyond four months ?—I cannot throw any light Upon that. By the Chairman : Is there any power in the Provincial Government to take roads through tflo block ?—lt is my impression that there is power to take roads. By the Hon. Mr Menzies : Is it not possible still to make provision for roads prior to the completion of the survey ?— I The invariable rule is, that the surveyor effecting the Survey lays down all roads which he may consider necessary. The sUrvsy plans have to be approved by the Waste Lauds Board, and the road lines are subject to alteration by the Waste Lands Ijoard. That is the general practice. Ido not know what arrangements have been made jn this case, By the Hon. Mr Gray: Would not the surveyor, in this case, while performing the survey on the block in question, be the servant of Mr Clarke instead of the servant of the Government? —No more so than in all the other cases where payments are made in laud. He holds his license from the Waste Lands Boa d, but he is bound to protect the interests of the public in laying off roads, and giving information generally ; otherwise he is quite independent of the Government.

By the Hon. Mr Taylor : It is seated that only one road has been reserved through the 50,000 acres by agreement. Is not this a foregoing of the right to take roads where they may be required, and is it not likely to act prejudicially to the interests of the public ?—lt is, assuming that any other roads would be required; but I do not know the country. : Referring to the resolution of the Provincial Council, authorising the sale for purposes of revenue of 50,000. acres, are you of opinion that such sale has been effected with a due regard to conserving the interests of the public, and in accordance with the views of the P»ovincial Executive ? I do not think "that be interests of the pub'ic have keen sufficient; y gurded in the case; inasmuch as a strip of land, bordering on the river, has been sold, which the Executive resolved should be withheld from the sale.