A TRANSFER MATTER.

Gisborne Times, Volume XXV, Issue 2133, 16 July 1907, Page 2

A TRANSFER MATTER.

TEN YEARS’ NON-ItESIDENCE. At the Land Board yesterday, the first application heard was for tlio transfer from E. M. Hutchinson to Mar** MttcKonzie of sections I and o, block 3, Mgutapa. The consideration was stated to Go £IO,OOO. Tho Commissioner of Crown Lands (Mr. Trent) said tfio question was that residential conditions had not been complied with. Mr. HeLautour, who appeared for the applicant, said that now light had Oeen thrown on the case since it was last before tho BoaTd. It was shown by the ranger’s reports from year to year that there had been contiguous residence. "Whatever the opinion now, the policy ton years ago was to encourage people to go into the interior. , Tho Commissioner said the policy, at all events, was not to encourage them to take up a big block and then go behind that to take up another lease and call that contiguous residence.

Mr. DeLautour remarked that in those days people were encouraged to sottle, and it was no crime to have a large family. Now, in the case of a man with a' largo family who endeavoured to settle in the country, there seemed to be the right to harass him. lie held that the Board could not go beyond the ranger’s reports in tho present ease.

The Commissioner said it was an error and the Board should not perpetuate an error. Mr. DeLautour held that it could not ho an error. Tho Commissioner rejoined that Mr. Hutchinson had not resided on contiguous land. Air. De .Lautour pointed out the Board could dispense with residence providing there was contiguous residence. Tho Board could not insert a new clause in the Act. The Commissioner asked: Did Air. Hutchinson own contiguous land ? Mr. DeLautour: He has an interest in it. The Commissioner: Only a prospective interest. As to contiguous land die Board did not consider 12 miles distant to he contiguous. Mr. DeLautour said the Board had auctioned it all this time. The Commissioner, in further reply, -aid he had nothing to do with what his predecessor did. He had the Act before him and if he chose to construe t. differently that was another matter He had refused the application ireviously. Air. DeLautour said he was not challenging the Commissioner’s right :o decide what was contiguous. He .vas pointing out that the Board, whether rightly or wrongly, had been -.atisfied in the past, as all the reports ipproved of it. It was not right for ;lie Board to act retrospectively and oenalise the settler for what the Board’s predecessors had done. The Commissioner said the conditions were entirely different now. At he time the Board gave that decision Mr. Hutchinson was a young man living with his people. Now lie came before the Board as a married man md the Board required him to carry >ut the conditions. Air. DeLautour mentioned that it was now beyond the ten years within which residence could be enforced. The rights had been waived by the Board.

The Commissioner said that in December last the ranger reported there •vas no residence on this land.

Air. DeLautour: Fourteen years almost had elapsed. He pointed out hat if the ranger’s reports adopted were not considered binding no settler n the district would be safe.

The Chairman invited an expression ->f opinion from members. Air. Bertram explained that when Mr. Hutchinson todk up the land they were very glad to let people out to open up the country. There was not the “land hunger” at that time. Air. Hutchinson had proved a good settler in every sense of the word, except as to residence. Air. Bertram added that similar applications had been granted since he was V n the Board. The Commissioner: Name one. Air. Bertram quoted a Alotu case. The only difference in the present case was that it was clone openly and given oublicity, whereas the Board had not -hallenged other transfers. Air. Groome agreed that at the time the land was taken up they were very glad to get settlers. Air. Bertram thought that after agreeing to the circumstances for 10 vears it was rather late in the day for the Board to object now. After further remarks, the transfer -vas approved, on tho motion of Air. Groome, seconded by Air. Bertram. A similar transfer was granted from Airs. E. Hutchinson to P. W. McLoughlin of section 4, block 3. Ngatapa. In this case ten years had expired and the reports had been adopted.