NEW LAND TENURES BILL.

Taranaki Daily News, Volume L, Issue 61, 12 October 1907, Page 2

NEW LAND TENURES BILL.

Per i'lubs Association, Wellington, Last Night. The House went into committee yesterday afternoon at 2.20 on tue Lata Luwo Amendment Bill. The wliole Mternouu was devoted to u.scussing tno machinery clauses. At sub-clause o of clause 20a, which provides that lessees shall pay costs and expenses incurred by the Cummissiuner in ascertaining and recording particu-lars-of improvementsMr JAMES ALLEN moved that the cost of ascertaining and recording improvements should not be borne by the | lessee, but should be defrayed by the 1 Crown.

The amendment was then negatived by 40 to 20. Mr JAMES ALLEN then moved that, "In estimating for the purposes of this Act the improvements the fact that they have not been recorded under this f ection shall not be taken as evidence that improvements have not been made on the land." The amendment was negatived by 37 to 22. Mr OKEY then moved that the provisions of the clause shall ajiply to West Coast Reserves. Negatived by 41 to 11. The House adjourned at 5.30 p.m. When the House resumed at 7.30,

Mr MASSEY moved a new subclause: "In every year in wlveli a census is taken each settler holding land under lease-in-perpetuity or renewable lease shall he required by the Lands Department to furnish a return of all permanent and substantial improvements placed upon the land occupied by him during the previous five years." He did this in order, he explained, that it tenant's improvements might be justly

and properly conserved. The sub-clause was negatived by 40 to 2i. -'-'Tira®! Mr HERMES moved a new clause that every such record shall be avail-

able for and may be used as evidence in any Assessment Court under the Government Valuation of Land, Act 1890. >?s!s Mr MASSEY said Mr Herries had placed his linger on a very weak spot. What was desired was that a record should be taken and kept of every im-

provement that was put on the land, and here was a chance of providing for this so far as lands under the Bill were concerned. Mr C. H. MILLS contended that Subclause 2 provided for all that Mr Herries' amendment proposed.

Mr HERRIES contended that though the record for which the lessee had paid would be kept by the Department, the samo Department might object to allow the lessee access to the record if he had to go before the courts on the ground that it was a Departmental record. Mr WILFORD pointed out that under clause 26a it was provided that a lessee on application to the Commissioner was entitled to have the particulars and nature of improvements recorded, and these, he argued, would be available for use as evidence.

The Hon. Mr McNAB stated the record would be available under the Bill for evidence. '"M.i'FfS^ Mr HERRIES said", with nil due reference to the law draftsman, that he doubted whether the lessee could produce a record. He pressed the amendment, which was negatived on the voices, and at the instance of tne Minister the sub-clause was extended to allow of the record being available to any person interested. The clause as amended was passed on the voices. At clause 27a, which provides that the lessee shall not he entitled to assign or otherwise dispose of his interest in the land unless ho has resided continuously thereon for not less than two years, -.iS'/isU Mr VVTIIY. moved to strike out tlie word "two," with a view to inserting "four." This, ho added, would tend to prevent dummyism.

Mr FLATMAN, in supporting the amendment, said it would tend to ensure that bona fide settlers would go on the land, and would prevent gambling and speculation.

Mr OIvEY, in opposing the amendment, said provisions were being made in connection with the ballot to ensure that preference woulu be given to tho right class" of settlers, and he considered that the additional restrictions proposed were unnecessary. Mr MASSEY contended that in the case of bush or swamp land a man would be on land eight years before he could transfer, and in the case of open lands five years. He argued that where the trouble arose was at the ballot m cases whore persons who were successful and did not want the sections wdre allowed to transfer to others. This was the primary cause of the gambling that had gone on, and it should ho stopped. _ Mr McNAB said that the conditions imposed of continuous rseidence before allowing a transfer would prevent contracts they were entered into at the ballot, and to a large extent would be a barrier to dummyism. Mr DILLON asked if anything could bo done to deal with "tenants in common."

Mr HOGG, in supporting the amendment,, said his experiecne on a Land Board had proved to him the necessity of some such provision as proposed in (n the amendment to prevent dummyism. He added that greater power should be given to Land Boards to discriminate as to who were bona fide settlers.

Mr Barber, in opposing the amendment, stated there were cases in which men who had gone on the land, found they were failures as settlers, and it was not desirable to make the residence conditions too long, as it was often in the best interests of these failures that they should get out of their lease as quickly as possible. j; >; The amendment was negatived ' by 47 to 18, and the clause passed unamended.

Clause 28a provides that town and suburban land may. be let for any time not exceeding 21 years at a rent of not less than 5 per centum on the upset price of the land or on such lesser price, as the Minister, on the recommendation of the Board, directs, with right to compensation for improvements at the expiration of the lease. After some discussion an amendment by Mr Hemes, making it obligatory on the Minister to offer town lands at auction, was rejected by 44 to 1!). The Hon. McNAR moved an amendment to entitle a lessee of town lands to renewal, which was agreed to on the voices, and the clause as amended was passed 49 to 17-

Clause 29—"A1l rural lands may be classified by the Board into first, second and third-class lands, and the capital value thereof shall be fixed at, for the first class at a capital value not less than one pound per acre, second-class not less than ten shillings per acre, third-class not less than two Bhililngs and sixpence per acre." This section is in substitution of section 112 of the principal Act, which section is repealid. ■■■ :■ ;■!,!'*] iq; Objection was raised to this clause by Mr Massey and other members, that it was misleading to classify lands in this way. Mr RUTHERFORD contended it would be better to divide into classes of agricultural and pastoral. Mr MILLS suggested it should be divided into five classes.

Tho Hon. McNAB stated the system had not been objected to to any extent, although it had been in operation for a long time. He recognised that objections were not so much to the Crown's classification, but to what occurred subsequently. He would, however, be prepared to consider amendments covering the objections in a subsequent clause.

Mr MABSEY suggested that the provisions of the Maori Land for Settlement Act, 1905, which provided for four classes, be adopted. He moved an amendment that land be divided into

four classes—First, agricultural; second I mixed agricultural and pastoral; third, pastoral land that cannot profitably be worked under 5000 acres, and fourth, pastoral lands that cannot profitably lie worked under 15,000 acres. On a division, vote were equal, ill, and t.ho chairman gave his vote in favor of the Bill and the amendment was rejected.

Replying to Mr TYaser Mr McNab said be could not agree to postpone consideration of the clause, but on reaching clause 55 would endeavor to improve its condition if possible. (Left Rifting).