New Zealand Times. WEDNESDAY, MARCH 10, 1875.

New Zealand Times, Volume XXX, Issue 4359, 10 March 1875, Page 2

New Zealand Times. WEDNESDAY, MARCH 10, 1875.

Tti is obligatory on the Governments of ,all- civilised. States to keep faith with the public. . A,Government Should.not take, advantage Of a mere technical informality, to irepudiate engagements entered into by a preceding Executive in good faith, and for the public interest. We are led to these ; observations ,on a; perusal; of the resolutions passed by the Senate r: of the Nhw Zealand University in reference to educational endowments; These resolutions, which were moved -by -Mr.. Gis- , borne, recite the facts pf the case ; aitd on their perusal we can hardly . think the Government will hesitate to do the correct thing in the circumstances, namely, to take such steps as may be necessary, to : complete these transactions, as requested: by the Senate. Indeed, it does seem strange that such a request should be necessary. We are almost inclined to think that • it is the result of an oversight by the Government, and that now, having had its attention called to the matter, all cause for doubt or anxiety will be removed. There can be no doubt whatever of the intention of the Government of the day, or : of the Legislature, in regard , to . the reserves set apart in Auckland and Taranaki, for the endowment of a Colonial University, any more than there is in regard to the Otago University endowments. That which, at first, was reserved in general terms as an endowment for a Colonial University, was subsequently, by the Now Zealand University Act, 1874, constituted an endowment “ for promot- “ ing higher education in the respective “ provinces in which such reserves are “ situated, in such manner ns the General “ Assembly shall from time to time de- “ termine.” Moreover, under this Statutethese lands cannot be sold. The law is explicit as to their management. The New Zealand University Act, 1874, expressly prescribes the course to’be pursued with respect to reserves jnade under the New Zealand University Endowments Act, 18G8, or any other Act, for a University. That'course is- to invest separately the proceeds “from” (not “of”) such lands, “and after deducting the ex- “ ponses of management of such lands,” to retain the balance for the purposes of high education within the province interested, as the Assembly may determine. Therefore, whatever may bo the exact legal position of some of these reserves, in consequence of the admitted informality of Mr. Hall’s notification, they are virtually locked up by the Act of last session as endowments for educational purposes. These blocks of land cannot equitably

bo sold or,‘otherwise dealt with by the’ Government,-until the law ia that behalf has been altered.

There is some ambiguity in the 30th section of Zealand 'University Act, .1874, but on a* close examination of its provisions, and bearing in mind the history of .that measure, the intention of the Legislature is quite clear. Otago had made liberal!provision in laud for the maintenance ~of . ..its . own University, and fearing that these .reserves would ultimately be absorbed by the New Zealand : University, a compromise was effected. The Otago University became affiliated with the New Zealand University, retaining it’s lands as a" special endowment. Section 30 of the New Zealand University Act, 1874, gives legal sanction to this compromise. The terms of fhe Act are explicit so far as Otago is concerned. The confusion, however, arises when the. specific endowments under the University Endowments Act, 1868, are dealt with. To understand the point it will be necessary to quote section 6of the latter Act. It is as follows

“The several parcels of land 1 described “in the schedule hereto, and all lands “ excepted and reserved from sale under “ the provisions of the Act hereinbefore “ contained, shall be reserves for the en- “ dowment of such university, institu- “ tion, or body corporate, or collegiate, “as shall by any Act of the General “ Assembly of New Zealand be declared “to be the Colonial University for the “ endowment whereof the lands described “ in the schedule, and other lands re- “ served under the provisions of this Act “ shall be deemed to have been made.” The lands described in the schedule arc: “10,000 acres of confiscated land “in the province of Taranaki; . 10,000 “acres of confiscated land in the “province of Auckland.” In the 30th section of’ the New Zealand University Act, 1874, the block of land in Taranaki is referred to expressly, while the Auckland block is only referred to .in general terms. But that both come within purview of the Act there cannot be , a doubt. ; After settling the Otago reserves, it is enacted that “the block of land in “ the province of Taranaki, ‘ containing ‘ ‘ 10,000' acres, taken under the New “ Zealand Settlements Act, and referred “to in the schedule to the University “Endowments Act, 1868, shall be de- “ fined, by proclamation .of the Governor “as soon as conveniently may be after “ the passing of this Act, and thereupon “ be deemed to have been reserved under “ the said last-mentioned Act.” This proclamation has not yet been made ; but the Assembly intended to heal any technical defect in the title.,. The Taranaki rer serve was to be administered in, the same way as similar reserves made in any other province except Otago.; The words of the section then become general. It is enacted that: “ all “ such of the said reserves as were lands “ taken under the New Zealand Sottle“ments Acts may, subject:to this Act, “ be administered under the University “ Endowments Act, 1868, : as if: the same “ had been ordinary waste lands Of the “Crown.” Now, these words; clearly cover, as they were intended to cover, the 10,000 acres of confiscated land ih'Auckland, referred to in the Schedule to the University Endowments, Acts, as well as the Taranaki block ; and they also include those other blocks of confiscated , land .reserved by the Hon.. Mr, ;;Hall-’ as' University endowments,- in the Waikato country, to which reference is made in, the Senate’s resolutions,. That proclamation wasinformal. It.has been rescinded by. the present; Government; butr-we sincerely: trust the Exooutivb will" carry - out:'in good faith the intentions of their Jpredecessors, and not cripple higher education in the province of Auckland, ’ Als'the blocks have not been defined’ thorp- can be no difficulty in selecting the areas!:. ,