WASTE LANDS BOARD.

New Zealand Times, Volume XXXIII, Issue 5341, 10 May 1878, Page 2

WASTE LANDS BOARD.

An adjourned meeting of the Board was held yesterday, to consider whether volunteer scrip should be accepted in payment of land which formed a part of the endowments of the Patea Harbor Board. There were present—The Chief Commissioner (in the chair), and Commissioners Pearce, Bunny, Mason, and Johnston. ■ The Chairman read the following letter, which he had addressed to the Minister for Lands : ■ ~ , “ Crown Lands Office, “ Wellington, 2nd May, 1878. “Sir, —I have the honor to report that at a meeting of the Land Board, held this day, ,a schedule of Crown Lands, situate in the Okutuku District, including sections Nos. 353, 401, and 403, Patea Harbor Board Endowment, was submitted for approval and sale at an early date at public auction. The following notice has been added -‘Per sections NeS. 353, 401, and 403, Patea Harbor Board Endowments, cash must he pail; for the remaining sections cash or scrip will be received.' The Board being in doubt as to its power to exclude scrip from a Government land sale, respectfully solicit that an opinion of the Law Officer of the Crown maybe obtained for its guidance in this and similar oases which will be sure to arise. The Board meeting stands adjourned till the 1 9th instant. Awaiting a reply,—l have, &c.; “ (Signed) Jos. G, Holdsworth,

“ Commissioner of Crown Lands.” The reply was as follows : . “ General Crown Lands Office, 3rd May, 1878. “I have the honor, by direction of the Hon. the Minister of Lands, to acknowledge the receipt of your letter of the 2nd fast., requesting that the Land Board may bo informed of the opinion of the Crown Law Officer with respect to the receipt of scrip for certain sections in the Okutuku District, which are to bo dealt with under the Patea Harbor Board Act, 1876. In reply, lam to state that the acceptance or refusal of scrip is an administrative action on the part of the Commissioner of Crown Lands, and is one upon which the legal advisers of the Crown could not fairly be called upon to advise the Board. ... As, .however, the intention as to the disposal of the profits arising from the sale of the sections' in question is clearly expressed by the 34th section of the Patea Harbor Board Act, 1876, the Minister is of opinion that there can .be no difficulty in giving effect to the express instruction of the Legislature in the matter. Under these circumstances, it would hot appear to be necessary to advertise that scrip will not be received for the particular, sections in question, as it will be sufficient to direct the attention of the officer who conducts the sale to the provisions of (he Patea Harbor Board Act, 1876, which provides that the proceeds arising from the sale of the land, less survey charges, shall be paid over to ’ the Harbor Board by the receiver of land revenue.” - “ H. J. Elliott, ' 1 “ Under Secretary for Crown Lands,"

MiTBONKr : That ia no opinion at all. The, Chairman referred to section 3 of tho Land Act, 1877, and section 10 of the Crown Lands Sale Act. Under the provisions of these sections a volunteer holding land scrip could exercise it during twelve months from the passing of tho last-named Act. Mr. Johnston pointed out that during six months from last October any person holding scrip could exercise it, but only volunteers holding their own scrip could exercise it during six months longer. The Chairman said tho Crown had ceded tho three sections to the Patea Harbor Board as an endowment. They belonged to tho Board, who could 6itliec lease or sell them. Were the lands those.jwfft'r/which the Crown had any control ? Wnfild it, under all the circumstances, be clesijalflp to include the three sections in the iutendgffiShle ? Mr. Bunny that they should not be sold until after ttt(£* meeting of the Assembly, when tho dfebt would be cleared up. Mr, Pearce the whole of these lands were sold and paid for in scrip, how was the receiver of land revenue to have any money placed at his disposal ? The Chairman said that the scrip would be seat to the Colonial Treasurer, and it would be for him to provide tho cash for them. Mr. Pearce thought they should exclude these sections from tho sale. Mr, Bunny said there was no doubt of that. These* defects in Acts were only discovered when one came to administer them. The only safe course would be to exclude the sections from sale. If any one offered scrip, and it was refused, there would bo an action in the Supremo Court. Clearly the Government were afraid to give the Board an opinion, and tho Board should not take the responsibility of acting in the matter. Hr. Johnston asked why these sections should be sold? Mr. Bunny said the Harbor Board wanted the money. T Mr. Johnston was of opinion that when tne Crown issued scrip, either for immigration or volunteer purposes, it was not contemplated that it should be exercised in respect to land ceded bv the Crown. If, there was any doubt about the matter it would bo well to let it stand over. • Mr, Bunny thought the matter might he over for three months, and the land would increase in value. The Chairman considered the commissioners ought to be acquainted with information he possessed. There was prepared for issue a very largo amount of scrip under the Manawatu land claims, amounting to £IO,OOO or £20,000, he did not know how much, but it would be a very large sum. That scrip would be available forthepurcha-e of any Crown lamls in the provincial district. This question affected not only the Okutukulands, but the Wanganui Harbor Board, which had a valuable endowment of 25,000 acres in the neighborhood of Manawatu, and it would bo undesirable to exercise scrip over such lands. After some further discussion, Mr. Bunny moved, —That the Chairman communicate with the Patea Harbor Board for the purpose of ascertaining whether or not the three sections of land in the Okutuku District should for the present be withheld from sale.— Seconded by Mr. Mason, and carried. Some farther discussion ensued, during which Mr. Johnston commented on the extraordinary statement made by the Undersecretary for Lands in the first portion of his letter. There might bo good reason for not giving advice, hut that offered was absurd. The Board then adjourned.