MR. BROOMHALL’S LAND PURCHASE.

New Zealand Times, Volume XXXIII, Issue 5318, 12 April 1878, Page 3

MR. BROOMHALL’S LAND PURCHASE.

, j .(Prom the N.'Z. Herald.') It is rumored iu certain circles that the' highest legal authority has declared that, the! sale of the Te Aroha Block to-Mr. John:. Broomhall by ; the Waste bands Board. of. Auckland is illegal,: and cannot be carried out,: because the contract is in excess of the.power placed in the Governor’s hands by the Waste! Lands Act of. 1876. It is well known that ; one or two members of the Ministry are opposed to Mr. Broomhall getting the land, that; feeling having been strengthened .by the news recently received from Kngland as to the.arrangements made by Mr.- Broomhall. It is probable, therefore, that Ministers will be; compelled to say “ non possumus —we cannot ’ disregard the law.” . What the precise nature of the legal opinion is we are not aware, but no doubt it will soon be made pub-'. lie. The clauses, which bear upon the ques-! tion in ; the Waste Lands Act of 1876 are as follows :—Clause 29 states :s “It shall be lawful for the Governor: to sell by private contract, to John Broomhall, Esq., now in the colony of New Zealand, any block of land which he may select in any part of. the colony, at such price, and upon such terms and conditions as. may be fixed by the; Waste Lands Board of the district in which i the land selected is situated, but subject to ap-j proval by the .Governor .of .the price, term?,, and conditions so fixed.; Provided always that' the price at which such land shall be soldi shall not be less than that at which waste lands of the Crown are sold in the land dis- 1 trict in which such lauds may be situated.” . But it appears that the Waste Lands Board were premature in making a sale of the land,; and forgot a special proviso which limited their, action. The first sub-section of clause 19 seems to place an insuperable obstacle in their, way. It says “1. The Governor, on behalf! of the Queen, may transfer the said lands to the Waste Lands Board of the land district! wherein they are situated, who may sub-let the same in' accordance with the provisions of any Waste Lands Act iu force in such district. Provided that no land ’shall be dealt, with until they have been brought under the. control of the Waste ■ Lands Board! of . the district in .which they are situated;” At the timetheland was dealt,with by the! Waste Lands Board it had not . been handed' over to that body, nor had the native title been extinguished. Indeed, the native title is not. extinguished yet,.and no one can-.say when itl wiffibe extinguished. The subject was referred to on the 10th of March, when a deputation from the Thames waited on the Native Min-' ister on the subject. Mr. Sheehan then said.:! —“ Upon the representations now made to me; it does appear that the Waste Lands Board had no" right to sell until the land was proclaimed waste lands of the Crown.” In such cases as those.of Mr.Wesey Stewart and Mr. 1 Broomhall there is always a strong disposition not to do anything which may look at home like a breach of faith on the part of the colony, but the Ministry will probably inrthis case take the position that they cannot acknowledge themselves to be committed by a nominated Board, who had done what it ia now alleged they were expressly prohibited from doing.