THE MOA FLAT SALE.

Evening Star, Volume IX, Issue 2725, 10 November 1871, Page 2

THE MOA FLAT SALE.

October 14. Mr Bradshaw, in attendance on the committee. By the Chairman : 1 believe you are Provincial Treasurer of Otago-is that so? —Yes; I am Treasurer of the Province of Otago. You are aware of certain allegations made respecting a recent sale of laud at Moa Flat to a Mr Clarke. Do you know whether the allowance for survey was excessive ?—1 ses by a copy of an official letter of 20th September, 1871, that 2s per acre has been allowed. Is that an excessive allowance ?—I think that is an excessive allowance, according to custom. But it is not a question of my department : I should refer the Committee to the Secretary of Land and Works. A commission is said to have been paid ; can you give the Committee any information upon this subject ?—There was a special agreement of the Executive Government to pay Mr Larnacb, as the agent of the Government, 1 per cent, upon this purchase. But it was a commission upon the sale of a deliued piece of land. The lines, as defined by the Executive Government, are not those shown upon the map of the sale as now produced. [ t he map in the possession of the Committee was then marked by Mr Bradshaw, at the request of the Chaiunan, w'ith a red line, A.8.C., showing the portion of the land which the Executive Government had agreed should not be included in this sale. Mr Bradshaw stated that he estimated the area of land now sold, but which theExe cutive ■ overnment bad agreed should not be included in the sale, at about 15,000 acres ] By the Hon. Captain Fraser : Is all the area included within the red line fit for settlement?— Yes ; for agricultural settlement or mining ; with the exception of the 5,000acre block, which was reported by Mr M'Kerrow, the surveyor, to be pasture land, and on which I believe there are valuable improvements by Mr Clarke, amounting to about 2,000 acres. But the Government thought it desirable, to save large compensation, to allow Mr l larke to retain that portion as part of the 45,000 acres. There is no limit in the case of improvements as to the price to be paid ; and we have to settle compensation by arbitration. Are you of opinion that the 2,000 acres about Mr Clarke’s homestead was not lit for settlement ?—I should say that portion was decidedly tit for settlement. Was any pottion of the area included in the 2,000 acres about Mr Clarke’s homestead fit for mining purposes ?—I am not prepared to say, though the whole of the flat is auriferous—remotely auriferous, rather than immediately so. By the Hon, Mr Menzies : Was there any covenant existing in this case ?—I have no knowledge on the question tf the covenants. By the Hon. Mr Buckley : How was that island block sold ?—By public auction some time past, and Mr Clarke became the purchaser. But I am not in a position to say under what Act it was taken from Mr Clarke’s run. By the Hon. Captain Fraser: At what price was that Island Block so’d to Mr Clarke ?—lt was, to the best of my recollection, between 20s and 30s per acre. Are you aware that compensation had to be paid for several farms or settlements on the Island Block ?—I am mt aware of that. By the Hon. Mr Buckley : Were there any special reasons for effecting this sale ? The question of the sale began some time before I became an Executive officer. Promises had been made to the Bank of New Zealand that land should be put into the market to cover an overdraft. At the lime I joined the Executive the overdraft, as shown on the. balance-sheet at the time I came into office, amounted to L 79 000. [Mr Bradshaw here read the correspondence that had passed between the Baa It of New Zealand and the Provincial Government on this subject.] By the Hon. O. J. Taylor : In clause S3 of the Begulations it is laid down that land outside hundreds, with the consent of the runholder, “may be sold as if it had been included within the boundaries of a hundred. ’ Does not this necessitate such land being duly proclaimed as open for sale, in the same way as laud within hundreds ?—1 am of opinion that lands outside or within huudr ds should bo advertised for sale in the usual manner. But that is not a legal opinion. By the Hon. Mr Menzies :—ls that an opinion on the legality of the matter, or for the policy of the matter ?—I give it as applying to both, as to the spirit of the clause .

in the Act. If any runholder made application to me at the present time for the purchase of any portion -if his run at his own consent, I would insist upon its being advertised. for sale, and open to public competition. Donald Reid, Esq., M.H.R., again attended the Committee, and was further examined. By the Hon. Mr Gray : I believe you are aware of a commission having been given in this case. Do you consider that under the Act the Waste Lands Board was justified in giving that commission ?—I do not think that there is any justification for it in the Act. But if the land had been sold by auctioneers, under our regulations, they would have been entitled to commission. I have no recollection of any such arrangement having been made with the Executive. By the Hon. Mr Menziea : Has the Waste amis Board power to grant commission on a private sale ?—I do not think the Waste Lands Board has power to give any such commission. By the Hon. Mr Gray : Has there been any precedent for such commission in the way it has been now paid ?—I am not aware of any. By the Hon Captain Fraser : Before land is sold in the [goldfields, is it not usual to call upon the Warden to report whether any portion of the land is auriferous ?—Yes. Had that been done in this case ?—Not up to the time that I left. Although we had what we consider reliable information that the 1 and within the red lino was not likely to prove auriferous. Was it you intention to reserve for settlement all the land within the red line ? Yes. What was the approximate area?—l cannot give that. By the Hon. |Mr Menz’es: Is it customary to give such an extension of time for survey as that stated to have been given in this case ?—lt is a part of the routine bus'* ness of the Chn f Commissioner to determine that point. Bat an extended time beyond the time named by the Chief Commissioccr would have to be given by the Waste Lands Board, t>y the Chairman Could you state why i,he right of taking 11,000 acres under covenant, without compensation, was not in this case exercised ? —By so doing we should virtually have limited or right of taking more land hereafter, if found necessary. We still retain the right to exercise the covenant. In clause 83 of the Regulations it is laid down that land outside hundreds, with the consent of the ruuholder, “ may be sold as if it had been included within the boundaries of a hundred.” Does not this necessitate such land being duly proclaimed as open for sale, in the same way as land within hundreds?—l am not aware that it necessitates that. But the practice has been to advertise that the land would be opeu for sale after a certain day. By the Hou. Captain Fraser : Suppose I had heard of the application, and had put in an application on the same day, what effect would that have had upon the transaction ? Either Mr Clarke would have withdrawn his consent to the sale, or it must have been sold at auction. [ln conclusion, Mr Reid desired to state that, with the exception of the sale of the land beyond the boundary of the red line referred to, he considered the sale a beneficial o- e both for general and Provincial interests.] John Bathgate, Esq., M.H.E., being in attendance on the Committee, was then examined. By the Chairman : You are Provincial Solicitor, are you not?—l am. In clause S3 of the Regulations it is laid down that lai d outside hundreds, with the consent of the runholder, ‘ may be sold as if it had been included within the boundaries of a hundred.” Does not this necessitate such land being duly proclaimed as open for sale, in the same way as land within hundreds ? (For the following letter see Minutes of 14th October and 18th October.) “ October 16, IS7I. “ Sir,—Referring to the query put to me at the last meeting of your Committee, whereby I was asked to give an opinion upon the interpretation of the S3rd section of the Otago Waste Lands Act, 1866, it has occurred to me that were I in the circutr - stances to give such an opinion, it might to considered a breach of the usual professional confidence betwixt counsel and client. There, can be no doubt that the Law Officer of the Executive of the Province of Otago is privileged, and cannot, in that capacity, be called upon as a witness in any matter affecting the administration of the Province, (Wyatt v. Gore Holt, 299; Cooke v. Maxwell and Stark, 183; Curry v. Walker, I Reports, 456.) “ I have, &c., “John Bathgate, “ Provincial Solicitor, Dunedin. “ The hou. the Chairman, “ Otago Laud Sale Committee, “ Legislative Council.” October 18. Mr Bathgate, M.H.R., in attendance again before the Committee, and examined. By the Chairman: The Committee would be glad to have your opinion on the subject of the question referred to you at the last meeting, relative to clause 83 of the Act, as a member of the Executive, if you are prepared to give it ?—1 am only a member of the Executive as its law officer. I should not like to commit myself to an opinion. Anything that is matter of fact I should of course have no objection to state. By the Hon. Mr Buckley : Has it been the practice of the Waste Lands Board to sell laud out of runs, in the same way as the land out of Clarke’s was sold, without advertising it as open for sale ?—I believe that the Waste Land Board have repeatedly sold uusurveyed rural land without previous advertisement. By the Hon, Captain Fraser: Under which clause of the Waste Lands Act was the block of land sold to Clarke ?—I am not in a position to state that the block of land has been sold to Claike ; that is, lam not in a position to give legal evidence on the subject. Of my own knowledge I know nothing about it. By the Hon. C. J. Taylor : Are you not a member of the Provincial Executive of Otago, who initiated the idea of this sale, and in accordance with whose instructions it is presumed the Waste Laud Board must have acted ? —I am not aware whether the present Executive, of which I am a member, initiated the sale which has been concluded with the Waste Lands Boar I. I believe the negotiations concerning it have taken place since I came to the Assembly. While here, 1 was consulted as a ember of the Executive, whether I would agree to certain proposals offered on behalf of Mr Clarke, I

concurred with the other members in sending a telegram to a member of the Waste Lands I' oard, or to the Depuly-Superintend- nt, I am not sure which, refusing Mr Clarke’s proposals, if certain conditions were not agreed to. By the Hon. Captain Fraser: Was the land withdrawn, and the lease cancelled by Proclamation?— Not that I know of. How soon, after the date of the procluna- - tieu, was the land sold to Clarke : 1 hcae are facts not within my own knowledge. j I |