MR. BROOMHALL’S LAND PURCHASE.

New Zealand Times, Volume XXXIII, Issue 5329, 26 April 1878, Page 7

MR. BROOMHALL’S LAND PURCHASE.

It is rumored in certain circles that the highest legal authority has declared that the sale of the To Aroha Block to Mr. John Broomhall -by the Waste Lands Board of Auckland is illegal, and cannot be earned 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 England 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 public. The clauses which bear upon the question in the . Waste Lands Act of 1876 are as follows Clause 29 states: “ 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 laud 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 theland selected is situated, but subject to approval by the Governor of the price, terms, and conditions so fixed. ; Provided always that the price at which such land shall be sold shall not be less than that at which waste lands of the Crown are sold in the land district in which such lands 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 lauds 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 in force in such district. Provided that no land shall bo dealt with until they have been brought under the control of- the Waste Lands Board of the district in which they aro situated.” At the time the land was dealt with by the Waste Lauds 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 it will be extinguished. The subject was referred to on the 16th of March, when a deputation from the Thames waited on the Native Minister 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 pro-; claimed waste lands of the Crown.!’, In such oases as those of Mr.' Yesoy Stewart and Mr. Broomhall there is always a strong disposition not to do anything which may look at home like a broach of faith on the part of the colony, but the Ministry will probably in this case take the position that they cannot acknowledge themselves to bo committed. by a nominated Board, who had done what it is now alleged they were expressly prohibited from doing.— N. Z, Herald.