THE WASTE LAND BOARD.

Southland Times, Issue 1732, 25 April 1873, Page 3

THE WASTE LAND BOARD.

(to the editob of the times.) Sib, — As there has been some discussion through the press on the granting of Messrs Webster and Gibbs's application for 2000 acres of land at the meeting of the Waste Landi Board on the Bth inst., it may be as well to place the public in possession of the facts of the case by publishing a verbatim copy of the Minute of the Waste Lands Board on the subject. Extract from Minute Book of Waste Lands Board ; meeting of Bth April : — " George Webster and Richard Gibbs ; application, No. for 2000 acres Hokanui District, Section No. , Run 148. This land was included in the twomile reserve. After reading the minutes, and telegrams from the Provincial Government on the subject of the reservation of the land by the Government, the Commissioner of Crown Lands having fully explained all the circumstances of the case, Messrs Dundas, Baker, and M'Culloch decided that the land in question had not been legally reserved, Mr M'Arthur dissenting. On the question being put by the Commissioner of Crown Lands as chairman — after calling the attention of the Board to clause 29 of the Southland Waste Lands Amendment Act, 1867, by which the Board has the power of refusing to grant the sale of land which would in the opinion of the Board render leis available for sale or other disposal, or injuriously affect in ralue any other portion of the Waste Lands in the Province — whether the application should be 'granted or refused, Messrs M'Culloch and I>Uljd»3 voted that it be granted. Mr Bator stated that he did not consider iti sale would in* jurioutly affect the sale of the adjoining land, Ac, as per clause 29 of the Amendment Act above alluded to, and had already decided that the reservation of it was not legally made, but that as the land has been considered withdrawn from sale by the action of the Board, it would be advisable to advertise the whole of the twomile reserve open for application on the 13th May next. Mr M'Arthur voted for its being refused, because he considered it had been legally reserved, and also that it came within the provisions of clause 29 of the Amendment Act. The Commissioner of Crown Lands pointed oat to Mr Baker that under the Southland Acts, 1865 and '67, the only power of refusing an application •n the part of the Board lay under the 29th clause of the Amendment Act of 1867, and as the majority of the Board, viz., Messrs M'Culloch, Dundas, and Baker had given it as their opinion that the provisions of that clause did not apply to the application in question, and that it had not been legally reserved, there was no other legal course open but to grant the application. The Commissioner of Crown Lands having no deliberative vote, application granted consequently." From the abov* it will be seen that there was no occasion for the Commissioner of Crown Lands to give a casting vote, inasmuch as the majority of the Board had decided without his TOt« being given that the land was not reserved and refused to reserve it. To advertise open for application on a certain day land which a second before you determined was open, would be simply useless ; and however much I would have desired to do so, I had no course left but to minute the decision arrived at by the majority of the Board, which I did. I have, as Commissioner of Crown Landa, simply to administer the law impartially as I find it, not to make the law to suit my wishes. When the Land Act was passed by the Southland Provincial Council in 1864 or '65, I wanted to get a clause inserted giving the Waste Lands Board the power of making reserves, but the majority of the Council re (used to grant such a power. If I had ray will, I would reserve from sale every acre of agricultural land in Southland for special settlements or sale on deferred pay- . nients, not allowing any one to hold more than at most three hundred acres. — I am, &c, Waltes H. Peabsok. Invercargill, 23rd April, 1873.