Parliament of New Zealand.

Marlborough Express, Volume IV, Issue 188, 7 August 1869, Page 4

Parliament of New Zealand.

[ Prom the Hansard ]

Marlborough Reserves Sale Bill. In the Legislative Council, on July 27, on the order for committing this Bill, The Hon. Captain Baillie said that, when he moved for leave to introduce the Bill, he stated that he would get the correspondence between the Superintendent of Marlborough and the Colonial Secretary laid on the table. It had been on the table for some days, and since then some telegrams had passed between Mr. Domett and the Commissioner of Crown Lands in Marlborough, from which it appeared that £2,441 had been paid for the land referred to in the schedule attached to the Bill. One purchaser had bought four sections and built an accommodation house on the land, and laid out money in other ways. Another purchaser named Smith had built a woolshed and other buildings on the land, and had purchased about 2,000 acres for £1448 ; and another portion of a run for £SOO. Another person from Picton had bought two sections, and considerably improved them. He would refer to the Gazette dated February 27, 18G6, in which this land was notified for sale. People, seeing that notice, would conclude that the Superintendent was rightfully advertising the land for sale, and he thought they should not suffer.

The Hon. Mr. Menzies said that, on the second reading of this bill, some days ago, he was under the impression that the best course would have been to refer the matter to a Select Committee to enquire into it. A delay, however, had occurred since the second reading, which had enabled the hon. member in charge of the bill to lay on the table some papers connected with it, which he had no doubt hon. members had perused. It seemed to him extraordinary that such proceedings as the hon. member had mentioned had been taken by the Superintendent of Marlborough, and he desired to know what justification he could give. He had read the papers cai’efully, and if the matter still required solution, he would be glad to see it referred to a Select Committee, but he thought there could be no doubt that the Superintendent had acted in defiance of what he was informed was the construction the Attorney-General put on the law. Tinder these circumstances, he thought it was rather too much to ask this Legislature to give him an indemnity for this Act, and he concurred with the Hon. Mr. Fenton that such a bill as this should not pass this Legislature, and, having come to that conclusion, he believed he should express the view of the Council by moving that the bill be committed that day six months.

The Hon. Mr. Lee folfc it his duty to support the amendment. The papers laid on the table would, he thought, certainly strengthen the opposition any member might feel to passing such a bill as this. It did seem to him a most monstrous proposition that the Superintendent, in defiance of all warning, should effect the sale of lands which he knew to be illegally brought into the market, and then receive indemnity for his action. There might have been—he certainly thought there was—some want of care on the part of the Government, when they saw that the Superintendent persisted in selling the land, in not issuing a notice that such sale was illegal. But, though the Government neglected their duty, that in no way qualified the feeling one must have at the utter defiance of the law with which the Superintendent had acted. It might be an act of hardship on certain persons not to pass this bill, but nothing had been shown to justify the Council in indemnifying the Superintendent for the coui-se he had taken. The Hon. Dr. Buchanan said he had already given his opinion on this bill, and he need not recapitulate it. There were two parties in this matter—one being the Superintendent, who had, no doubt, acted in a most outrageous manner ; and he would be glad indeed to support his hon. friend in any measure for bringing condign punishment on the Superintendent; but on the other hand there were a number of innocent persons who would suffer if the bill was not agreed to. They believed the Superintendent, as the administrator of the waste land law, had power to advertise these lands for sale, and they went and bought them accordingly. The Hon. Mr. Mantell said he fully sympathised with those persons who were victimised into buying this land, but every wrong had its remedy, and he did not think it would be proper remedy to this wrong to set a precedent to other Superintendents to be guilty of the same wrong. It might be said that the Superintendent could not

give compensation for the wrong lie had done. That was quite possible ; but if a wrong had been done, recompense would have to be made for it. It appeared to him that the Government had shown a great want of decision in not stepping in and proclaiming that the Superintendent was acting illegally, and could give no real title to those lands. There was, no doubt, a remedy in this case, and it appeared to him far|better that those who had bought the land should suffer some temporary inconvenience than that the Legislature should pass an Act which would establish a precedent of a dangerous character. Many of the Provinces were hard up, and it would be a great temptation to them to go and do likewise, if this Act was passed. It would be far better for the Legislature to step in hei’e than to countenance an Act which was illegal. He had not been able to compare the papers, but he understood that the schedule included lands which had been leased and not sold, but'that did not affect the illegality of the transaction. He hoped the Council would support the amendment.

The Hon, Captain Baillie said he had no intention to defend the conduct of the Superintendent : it was the cause of the unfortunate people who had suffered by it that he was advocating. He did not see that they would be benefitted by going to the Supreme Court and getting the empty satisfaction of a verdict. Many of these unfortunate people could not sustain the loss which they would incur if they had no title to their land. He regretted the Hon. Mr. Seymour was not present, to explain the matter more fully than he could do. Amendment agreed to. Awatere Shearing Reserve Bill. The Hon. Captain Baillie, in moving the second reading, said he believed lion, menbers were already in possession of the facts relating to this case. The Bill, which he trusted the Council would pass, was to restrain the Superintendent from leasing this reserve of 12,000 acres, and to place it in its original position, it having been set aside for the benefit of certain runholders who had taken up land in an almost inaccessible portion of the Province. It had been proposed to sell the reserve with the view of making a road, but it was found the money obtained by that means would not nearly cover the cost, and the idea was consequently abandoned. The runholders took up the runs many years ago, and Mr. Stafford, who was then Superintendent, set aside this reserve for them. On July 29, the Bill was read a third time and passed. Provincial Ordinances Validation Act Continuance Bill. The House went into Committee on this Bill. Clause 3. —“ * The Provincial Acts Validation Act, 1867,’ as amended by ‘The Provincial Acts Validation Act Continuance Act, 1868,’ except so far as the same applies to the Act of the Superintendent and Provincial Council of Marlborough, set out in the first part of the fifth Schedule thereto [The Marlborough Drainage Act], and except so far as the same or any of the Acts mentioned in the Schedule thereto is or are or may be altered or affected by any of the Acts or Ordinances mentioned in the Schedule to this Act, shall continue in force until the end of the next Session of the General Assembly, and the Acts or Ordinances the validation whereof is continued hereby shall henceforth, and until the next Session of the General Assembly, have the same force and effect as if enacted by the General Assembly of Hew Zealand.” Mr. Eyes moved that the words “ far as the same” in the fourth line, and ‘‘same” in the seventh line, be struck out for the purpose of inserting the words “ so much of Section 3 of the last named Act as,” and “ said Act,” in lieu thereof. Question put, “ That the words proposed to be left out stand part of the question,” upon which a division was called for, with the following result:— Ayes, 2. —Messrs. Bell and Collins. Hoes, 25. —Messrs. Baigent, Barff, Bradshaw, Brown, Bunny, Burtis, Dignan, Fitzherbert, Gallagher, Howorth, W. H. Harrison, Kelly, Kerr, Ludlam, Mervyn, Richmond, Russell, Stafford, Stevens, Swan, Tancred, Vogel, Wells. Tellers.—Messrs. Eyes;and Parker. The words proposed to be inserted were inserted, and the clause as amended ordered to stand part of the Bill The Bill was reported with amendments, and the report ordered to be considered next sitting day. State of Westland. In the House of Representatives,'on July 30, Mr. Fox said he had pointed out that the County of Westland did not appear to be a successful example of that class of institutions which were intended as substitutes for Provincial Governments in Hew Ze alan d

He had also endeavored to impress upon honorable members, and through them upon their constituents, the earnest desire which the Government had to assist the County of "Westland in the great difficulties under which it appeared to be labouring at the present moment. lie had also informed the House that the Government had received a telegram from the Chairman of the County Council demanding, as had been said, “our money or our lives”—demanding that the sum of £40,000 should be sent down by return, and stating that a large population were in town demanding the money. If that was not a position of difficulty, he did not know what the honorable members from Westland considered a difficulty. It would certainly be considered a difficulty in a Province, whatever it might be in a County. At all events it was a state of things they were altogether unused to in any part of the Colony. They were reduced to such a state as to be obliged to send a telegram demanding £40,000, and that the people were flocking into the town asking for the money. Under such circumstances, and considering that the honorable member for Westland boroughs had proposed that they should take over the control and administration of the police force of Westland, he thought he was justified in regarding that County as being in a state of considerable difficulty. The Government was called upon to provide the money alluded to, and the County was under very considerable difficulty with regard to the police. When the honorable member told them of the amount of revenue which the County of Westland.had handed over to it at the close of the last financial year, lie seemed to have overlooked' the fact that the revenue had considerably fallen off during the year. It had fallen off to the extent of £31,000 during the year, and, considering that there was a demand made for payment of £41,000 when the accounts showed that the sum of £1,500 only had fallen due, the Government was bound to obtain more information as to the real financial state of the County of Westland. When ho had endeavored to make it clear that the County of Westland was not a successful example of those institutions which were intended to supplant Provincial Governments, he wound up his remarks in the kindest possible manner, and endeavored to impress upon those honorable gentlemen who appeared most interested in the subject that it was the earnest desire of the Government to relieve them, as far as possible, from the difficulties which thojthemselves were parading before the House and the Government. He was sorry that he had failed in making any impression upon those honorable members. The honorable member for Westland boroughs had protested against the Government speaking in a sneering manner of Westland. He could assure the honorable member that the Government were not treating the County of Westland with undue harshness, and ho was quite ready to repeat the sentiment to which he had given expression on a previous occasion, that it was the earnest desire of the Government to assist tho County of Westland in its difficulties, and to relieve it from the painful condition in which it was placed with regard to the matter of police, and also the matter of finance, which made it necessary for the Council to ask for an advance of £40,000. The Government must have time to ascertain a little more of the real facts of the case. The moment they heard of its financial difficulties they had sent one of the ablest officers of the Treasury to Westland to investigate tho subject, and the Government would require to have more knowledge than it possessed at present on that subject, as also with regard to the police difficulty and other matters. When they had taken that step, and expressed their kindly intentions with regard to Westland, were they to be called hard names when they asked for a little more time to grapple with the difficulties ? He would ask honorable members to lay aside the feeling which seemed to animate them, that the Government had any feeling of hostility towards them, or the district they represented, and he would ask them to give the Government the reasonable time asked for, in order that they might be able, in their official capacity outside the walls of the House, to grapple with the subject. If the matter was hurried on to a conclusion it would probably involve the Government and the County Board in very considerable complication and difficulty, which would be a bar to that harmonious action which the Government, under the circumstances, was desirous of taking. The Government might entirely disapprove of the character of the institutions of Westland, but it cei’tainly had no desire except that of benefiting the County as a part of the Colony. He trusted, therefore, that the honourable members for the County would look at the matter in a more amicable temper than they were at present doing, and that they would consent to the delay which the Government suggested.