THE MOA FLAT BLOCK.

Tuapeka Times, Volume III, Issue 207, 18 January 1872, Page 5

THE MOA FLAT BLOCK.

(From the ''■Daily Times")

A special meeting of the Waste Lands Board was held on Monday, to consider an application made by Messrs. Connell and Moodie, on behalf of Mr. Joseph Clarke, to have plans of application No. 402 d, for 45,500 acres, part of runs 215 and 212 b, approved of, and Mr. Clarke declared the purchaser. There were present — The Chief Commissioner, Mr. J. T. Thomson, in the chair, and Messrs. Reid, Duncan, and Hughes, Mr. Bradshaw was present, but did not take bis seat as a member of the Board, as also was Mr. Larnach. Mr. Connell and Mr. James Smith appeared on behalf of Mr Clarke. Mr. Stout appeared on behalf of the objec-

tors, and Mr. Mackay as the deputy appointed by the public meeting that had been held at Roxburgh.

Mr. ConnelKippliedthatMr. Clarke be declared the purchaser. Surveys had been made, and the plans vterv now before the Board. Mr. Hi.slo; had thought that the school reserve should be made, and Mr Larnacb, on behalf of Mr. Clarke, was prepared t< agree to this. As to the alleged infringments of Mr. Schlotel's rights, he handed in a letter from Mr. Nichols, who, on behalf of the former withdrew his objection.

Mr. Stout, for Messrs. Fitzgerald, Bei^hton, Cormack, Ormond, Norton, Kirn stoan, and Woodhousi, residents in the Benger district, objected to the sale on the following grounds : — Ist. lhat the land had not been opened for sale. 2nd. That the consent of the runholder had not been obtained. 3rd. That the land beino; situate wit'iin the Groldfi -lds, the Board - could nofc|seli-it. *th. That the sale would be prejudicial to the public interns, Any one of tiese objections was,- he considered, sufficient for the Board to refuse the application. If the Board sanctioned it they would be acting contrary to the letter and spirit of the Waste Lands Act. He believed that it had never before been attempted to sell so large a block of land in tins Province, and that the Board would not have considered the question of selling the block, had not a resolution been passed by the Provincial Council ; and he believed the Council would not have passed that resolution, had it uot been tor a private arrangement made by Mr. Turnbull while in office. The resolution was very guarded, and required that every care be taken beforehand, that nothing prejudicial to public interests might be done. He would, from the application, take it for granted that it was brought under the 83rd section of the Act of 1866

The Commissioner said that if Mr. Stout took it for granted, he (the Commissioner did not quite concur in that view.

M«\ Stout said that, if not brought under the 83rd section, the Board had not a shadow of a right to deal with the block.

Mr. Connell might refer Mr. Stout to the 123 rd section.

Mr. Stout said that the attempted compliance with the 83rd section showed that it was under this section that the application was being brought, and the 123 rd section did not apply to the application. He said attempted compliance, as it was never contemplated by that former section that a runholder should make a private arrangement with a friend of his, and then ask the Board to ratify such an arrangement. It was, be contended, a private arrangement, and not such a consent to sell as the section provided; and there had been no publicity of it whatsoever. He would urge upon the Board not to sanction so terribly bad and dangerous a precedent, under which the " eyes " might be allowed to be picked out of a country, and which would form an excuse for any future action of the Board. It might be contended that it would be a breach of faith on the part of the Board not to complete arrangements ; and it might be said, " We have badtheland surveyed at our own expense, we have generously given ten acres, out of 45,500, for a school reserve, have paid the money down, and you have gone so far that you can't back out." But the act, contemplating such cases as this, had given the Board power to withdraw, and the Board could under the circumstances withdraw, without the slightest charge of repudiation against it. He rested bis case, that the proposed sale would be injurious to the Province, on the sworn testimony of his Honor the Superintendent, Messrs. Eeid and Bradshaw, and the report of the Committee of the Legislative Council. The report showed that the Executive had resolved not to allow the sale of a portion of the land, and he apprehended that the Waste Land Board would not sanction a sale that the Executive would not. The evidence, too, of Mr. Bradshaw was that the portion of land within a certain red line should not be sold, being suitable for agriculture t or mining, with the exception of a piece of pastoral land, on which there were valuable improvements by Mr. Clarke. Now, as to the peculiar position in which the district had been placed. Land was wanted so far back as 1865, when a block, called the Shingle Block, had ' been opened, and which the Board by opening acknowledged the necessity for land. The Shingle Block being found to be unfltted for settlement, the Executive opened the Island Block for sale, every section of which through threats used by Mr. Clarke's agent, Mr. Clarke wa& enabled to purchase. The people next applied to have wme land opened for sale, and- in pursuance of their application an area of 5000 acres was thrown open, and a survey of sections of 50 acres each waamado. It was now attempted by Mr. Clarke to purchase 4200 -acres of that block. The district had been most inhumanely treated. With regard to the policy of selling land in large blocks, lie need not tell the Board that every standard writer ' on political economy was opposed to it, and he mentioned the names of many great authorities in different countries, who, he said, were opposed to such a policy, or want yf policy, as being prejudicial

to the public interests. Mr. fc>tout then spoke at length on the technical objections which he hud raised. He concluded by sympathising with tho Board and the Executive upon the position iv which tiioy had been placed through the resolution of fie Provincial Council, and the fact that the' revenue was not suc-h as the wealth of the Province wdfikl lead one to believe it would be, ah^hoped the Board would not set itsefl^||^defiance of the law, and force thoae^jgp objected to the proposed sale to ff&ke other proceedings. .V* - Mr. Maekay said that the .selling of the land would be a breach of faith towards the residents, who had taken up the 2500 acre block at Moa Flat, and who took it up on the promise that they would be able to get some land now applied for by Mr. Clarke. If the settlers could not get it, they would be compelled to sell out. Nn was also understood to say that they would have no outbt.

Mr. Connell contradicted a statement in Mr. Sf-m.f'o ..-m— — , «'•««-* °- large portion of -the land iv the block i applied for wasfitfoi- agricultural settlement, and referred to a report by Mr. M Kerrow which he said stated that about 2500 acres only, or at the _ rate of less than five per cent., was so fitted. The settlers, too, notwithstanding what had been said by Mr. Mackay, would have ingress and egress through a road line left by Mr. Clarke at the request of the Government, and by the Tapanui road. They would also have some 1500 or 2000 acres of unfenced land to run their cattle on.

Mi*. Mackay said they would have only 500 acres.

Mr. Connell was understood to adhere to what he had said regarding acreage, and mentionsd that there was also laud a little "\vay off which was under lease, and which was yet a Grovernuient freehold. On the application being made, the applicants ha before their minds the 46th section, the substance of which was that the Board rai^hfc refuse an application, ter the survey had been made,, if it deemed the granting of the same prejudicial to the public interest. The question was then brought before the Board and settled.

Mr. Stout said that if so it bad been settled too soon. He objected to any private arrangement and would appeal to the minutes of the Board.

Mr. Connsll said not only had they ventilated the subject, but they had it minuted.

Mr. Stout: Tiieu Mr. Cutten by doing so acted illegally. He would contend that if Mr. Cutten had sold the land he had done so illegally. Mr Stout, on looking at the Minute Book of the Board, said that, on the Chairman's remarks opposite to Mr. Clarke's application, "granted" bad been struck out, and "approved" substituted.

Mr. Connell : Of course the Board understands that we, on our part, are ready to conclude the purchase, and to pay over the amount.

Mr. Bradshaw (who did not take liis seat as a member of the Board) mentioned that he had ridden over the land, and was of opinion that it was fit for settlement, and a large portion fit for agricultural settlement. Land at the Lakes, once thought unfit for settlement, was now under cultivation, and this land could also be cultivated. -*

Mr. Stout objected to Mr. Smith being heard by the Board on legal points, as Mr. Connell had requested. He considered Mr. Conneli's ease was closed, and if Mr. Smith should speak; at all, it would be subject to his (Mf. Stout's) having a right to reply.

Mr. Smith said he would content himself with a few general remarks. He would merely say that Mr. Clarke held the Board down to what it had commenced. The Board, having in view the 46th section, departed, no doubt, from the usual practice; but that was a question for the Board. The contract had been virtually made, JindMr. Clarke relied upon it. He would say, but not at all offensively, that if the Board did not keep to it, Mr. Clarke would call 'in, bis legal advisers. JV Mr. Stout said the case would then lflH fought in the Supreme Court. ._. - --J Mr. Keid said it appeared to him thatT the consent was a consent under the / 83rd section, and that consent suspended ' the runholder's license, and he considered that the Board had ample power to des]Jfe with the application. He held the opinion that it would be prejudiced to the public interest if the whole of the application were given effect to. He thought the public interest could be protected and Mr. Clarke fairly dealt with, by acting according to a proposition which he would bring before the Board and which was: "That the sale oflaiM be agreed to, excepting that part of about 1950 acres, that lies north-east of the road line that divides Block IV., - and the ten acres reserved as a school site."

Messrs. Duncanand Hughes supported Mr. Reid's motion.

The motion was agreed to. Mr. $n;& : With reference to the decision jusKjbmeto, T may inform the Board that Mr. Clarke will not accept one acre less than the area surveyed.

It was resolved that Mr. Clarke should havp the option of seleclting the remaining area in any part of the run contiguous to his pr<j3enf application, or have his deposit for it returae.l ' to him.