THE WAIHIRERE QUESTION,

Gisborne Times, Volume XXV, Issue 2066, 18 December 1907, Page 2

THE WAIHIRERE QUESTION,

SURVET TO BE PROCEEDED WITH.

“A PICNIC RESORT.”

At the Borough Council meeting last evening the AVuihirer© quarry question came up for discussion. Messrs. Clirisp anu Coleman wrote to tlio Chief Engineer of Roads, AVelluigton, in reference to certain proceedings taken under the Public Works Acts. An Order in Council was made declaring that the lands were deemed taken for tlio purpose of a. public work. Unfortunately, the map and schedule wrongly described the land, 'although the right land was shown on the plan, but it was erroneously named. One block of 071 acres 2 roods, which should havo been described as AVailnrere proper, was described as AVaihirere No. 4. This time' , W f?f, ascer .tained until some Land f ° e«tificate under the Land Transfer Act was issued to the Upborne 'Borough Council earworkGdThe « ]l ® pur {l oso <> f *•' wateradmit +i Gy department here tlm tx , * th ° orror arose through n l a, D f l a i r , m x" t - • Application was made to the Aativo Land Court unAct S lß9i n + 9 ° ° f tho Public Works net, ihjx, to assess compensation but owing to the error nothing was to lanJ he application was fIW ed to lapse. About six months after °1 th( i tltte the Council deciclcd to abandon Waihirere as a waterworks site, and fresh proceedings were taken for a site inS direction The Council made no use of the AVaihirere land, and recently overtures were made by the parties intei ested, and an inchoate agreement- arrived at that tho Council should re-vest the land in the natives, but difficulties bad arisen over the method of re-vesting. -It appeared, aliso,_ that some of the AA raihirere land might be of use to .the Council for the purpose of obtaining street metal. Another and serious error had now been found, inasmuch as the Order in Council' included 11 . 3 roods 19 perches, part of A\ ailnrere No. 1. Waihirere No. 1 is a block of 28 acres 2 roods 31 perches, issued under memorial of ownership dated 17th April, 1875, to certain Ala oris. By deed dated the same year, tlio natives sold the block to the Crown, and the .records of the Court show that it was purchased as a limestone depot. Now it is quite clear that the Council had no power to take this land as native land, i'iie Council might have had 1 power to take the land under different procedure, but certainly not under the provisions of section 88 of the Public \Vorks Act, 1894. The proclamation was therefore not properly registered, and the title should not have issued. The solicitors thought that section 22 of the Act of 1894, or the corresponding section 23 of the Act of 1905, would ill such a case apply, as it was evident that the words “before such proclamation has been registered” must necessarily mean- properly registered. Tbe District Laud Registrar agreed that such was tlie case. They therefore asked that a proclamation should be obtained through the Governor cancelling and annulling the first proulamation. Tlie District Land Registrar would also annul the registration of the title. They suggested that the title to the whole of AA'ailiircre No. 1 block {after the cancellation of the present title) be vested in the Council as a reserve for quarrying purposes. Tlie Chief Engineer -replied that if the land was wrongly described in the Order in Council, it was -possible that the order is An effect a nullity, and if so the District Land -Registrar could presumably delete tlie entry from liis register without further action, and the whole matter would then revert to the status in quo ante. If the District Land -Registrar could not cancel the entries, the matter would have to be adjusted by legislation. Tbe solicitors believed’ that Judge Jones, the District Land Registrar, would he induced .to call in and cancel the title. Air. Rees had tried to get the natives to incorporate and cake a transfer of tlie title, such- as it is, from the Couucil, but t-liey would . not move in the matter. -If the title is a nullity, the District Land Registrar should call in ■ and cancel it-, and they thought lie had power to do so. In that case, the Council would be free to start afresh. If tbe title is good, it can only be used for waterworks. They were prepared to advise the Council to send out a surveyor and cause a survey to be made and a plan pre pa red, showing the land required -for t-lie 'quarry. As soon as this was done they would proceed with the faking under the Aet.

Cr. AVhinwy • moved that, as suggested by the solicitor, the matter stand in abeyance until the present arrangements which were entered inby the Council are extinguished. AVith regard to the urgency of getting the metal, that did -not exist-, as it was not worth taking away. Therefore there was no urgency. ~He produced a saniide showing P-atutahi metal which li-ad been placed- on the -Gladstone .road. In wet weather it was simply crushed into. muck. - Cr. Ala nil: Then why no urgency if it crushes into muck?

Cr. AVhinray: The Council is incompetent, and is led astray. Cr. Mann: 1 allow lam incompetent to follow your .reasoning. Continuing, Cr. AVhinray stated that he grow vegetables out of the muck of .Wailiirere.

A Councillor: Did you try patutain ? •

Cj,v AVhinray: No. I know what will. do. The only value ot iH ailnrere is as a picnic resort. Hie metal for the breakwater or any other .purpose is not worth the labor. Wo might as well go to the Whataupoko hills, dose to town. It would be capital for holding the sand down. Or. Mann : It is of no value to us. Hie Mayor: -It is worth getting for stone. °

Cr. Sheridan : No. Cr. Sheridan moved that a survey he pioceeded -with at once, in compliance with a resolution previously passed by the Council.

The Mayor proposed that a- com■rnittee, consisting --of Crs. Pettie, Al-ann, AVilliams, and Aliller, bo set up to go into the matter. Cr. Mann said he would rather have the matter discussed while they were there.

. Cr. Whiuray: For metal purposes at is not- worth spending Gd on. I iwll call a public meeting to discuss the -matter.

Cr. AVilliams seconded Cr. Sheridan s motion.

Cr. Sheridan stated that ho would like to hear ‘Air. Itecs. who was -in •attendance, on the subject, Air. AY. L. llecs said that the whole question of the titlo was a. tangled one, and Judge Jones was approached, and he requested further tune, and when he returned to town he would come to n determination on the matter. If he was convinced of the nullity lie could call in the title or it could be obtained from the Supreme Court by consent, -but he did ■not. anticipate .any difficulty. AY’hat is the Crown’s will -go back- to the Crown, and' what is the natives’ will go back to them. He urged the construction of the tramway to Pattitall i as the only solution of the metal question. .It could he done by tlio two Councils, hut not hv a. private company. 'lf the work‘was started -at once it could be completed before the end of the .summer.

Cr. Pettie spoke in favor of tho motion. The Alayor said that .the survey was a small matter; the main question should he settled first. Nothing would be gained by sending out a surveyor.

Cr. Pettie: .AA e would gain time. Tile Alayor: AVe will not gain anything. I hope the Council will decline to go any further until the matter, is cleared up.

The motion was put and carried by 5 votes to 3.