THE PIAKO LAND TITLE COMMITTEE.

New Zealand Times, Volume XXX, Issue 4546, 15 October 1875, Page 2

THE PIAKO LAND TITLE COMMITTEE.

The committee appointed to examine into the circumstances under which a certificate of title was issued for certain lands at the Piako, now held by Mr. Thomas Kussell, have the honor to report that they have taken such evidence as was readily available regarding the matter referred to them, and have by telegraph obtained from Auckland such further information as would enable them to come to a decision thereon. The evidence, telegrams, and other documents are hereto appended.

It appears that the grant upon which the certificate of title was based was originally, in Captain Heale's words, " pi-ocured by deception, by making the land appear south instead of north of a certain river." The bulk of the land never was sold by the natives, and the remainder had been awarded to Sir S. Donaldson. Consequent upon these circumstances, Captain Heale repeatedly, " on every suitable occasion," urged upon Government that steps should be taken to anmd this grant. Although it is possible that for a period some person was in possession of the land awarded to Sir S. Donaldson on his behalf, yet such occupation, if existing at all, was not on behalf of the persons claiming the land under the grant, but of him to whom the land had been awarded. So far as the grantees were concerned, it was evidently an adverse occupancy. This nominal occupancy, however, ceased entirely in about 1860. Major Green says of this land, "It was never occupied, partly by reason of hostility of natives, and partly owing to Donaldson's death;" and Captain Heale says, " The natives have been in possession of the whole ever since Hay's removal in 1560." On 9th September, 1871, certain persons, viz., James Tannock Mackelvie and John Logan Campbell, made application to have the land brought under the Land Transfer _Act, and in so doing declared "that there is no person in possession or occupancy of the said land adversely to our estate or interest therein, and that the said land is now unoccupied." On the 30th November following, a certificate of title was issued to Mr. T. Kussell.

From the statements of Major Green and Captain Heale, it is clear that this declaration was essentially false, and altogether unwarranted by the facts. This declaration is the most important proceeding to be observed in connection with bringing land under the Act. Its importance is evident from the fact that by the 144th clause of the Act a person making a false declaration is guilty of perjury, and by the 145th clause is liable to imprisonment with hard labor for any term not exceeding four years. Its importance is further shown by the consequences attendant upon land being brought under the Act by means of such declaration. For six years after the issue of a certificate of title, the assurance fund is liable to remedy any wrong inflicted thereby, while after that period the rightful owner, except in cases of disability, &c, is practically debarred all remedy. If the truthfulness of all such declarations be not insisted upon, not only may the assurance fund—which constitutes the sole security for wrongs inflicted through the issue of an indefeasible title—be destroyed, but persons in actual possession of the land, as were the natives in this instance, may at the expiration of six years find themselves, through a legal operation of which they were ignorant, and indeed could know nothing, deprived of their land, and without any redress.

It is, however, fortunate that, as pointed out by Mr. Stafford, the Examiner of Titles, at Wellington, a certificate of title obtained through a false declaration is void so long as the property continues in the person to whom the certificate was issued. In this instance this continues to be the case, and, consequently, it is still in the power of the Government to prevent the rightful owners of the soil being wrongfully deprived of their property, or the assurance fund rendered liable for. penalities it would incur were this land transferred to other parties.

Under these circumstances, the committee recommend that the Government should, caveat, prevent this land being transferred fc> third parties, and that they should further take action towards annulling the certificate. Your committee are of opinion that it is the duty of the law officers of the Crown, rather than of themselves, to indicate what other steps should be taken as regards those who, by a false declaration, were instrumental to the issue of the certificate of title. Your committee are decidedly of opinion that, in the interests of the public, the matter cannot and ought not to remain in its present state.