WASTE LANDS BOARD.

Tuapeka Times, Volume VII, Issue 418, 19 December 1874, Page 3

WASTE LANDS BOARD.

The regular meeting of the Waate Lands Board took place on Wednesday. Present— The Chief Commissioner (Mr J. T. Thomson), in the chair; and Messrs Strode, Clark, and Reid. EXTENSION OF TIMI FOR SURVEY. Messrs Harding and Co. applied to be allowed an extension of time to survey the 2000 acres proposed to be leased to them on the West Coast. After discussion, An extension of time for survey from six months to twelve months was agreed to. A plan of the lease was submitted, and it was resolved that it be referred to the Survey department for verification and record. APPLICATIONS FOR LAND. The following applications to purchase land, under clause 36 of the Waste Lands Act 1872, Mr John Hamilton,, section 1, block 111., Tiger Hill; Mr Robert M'lnfcoah, section 1, block 1., Lauder ; Mr Robert M'lntosh, section 2, block ni., Tiger Hill ; Were, the necessary consent having been obtained from the runholder, approved of. BEAUMONT BRIDGE. The Government recommended that a lease be given to Messrs ISicholi and "Hayes, lessees of Beaumont bridge, of 40 acres adjoining the bridge. Approved. LAND OFFICER FOR TAPANUI. On the petition of residents of Tapanui, it was resolved, on the recommendation of the Government, that an officer should be sent from the District Office, Lawrence, to visit Tapanui once a month to receive, applications, &o. UNSURVBTED LAND. In reference to surveys of applications for unsurveyed land, which have hitherto been checked by the Board meetings, It was resolved, on the motion of Mr. Strode, that the Chief Commissioner in future should attend to this part of the work as " routine " within the meaning of the Act, and that a list only of the | applications be submitted to the Board. It was explained that this practice arose years ago. when the Chief Commissioner had opportunities ef showing favouritism to applicants for unsurveyed land, and had been continued since, but with changed circumstances ; there was no occasion for the Board to continue it now. OPINION OF THB PROVINCIAL SOLICITOR. The following opinion of the Provincial Solicitor, requested at a meeting on the 25th nit., was read : — 1 have perused the memoranda and occupation license thereunto attached. I regret that these objections had not been pointed out before. Two questions of importance are raised. First : Can the Chief Commissioner sign leases on behalf of the Board 1 lam of opinion that he can not. It is true that this is an objection which a licensee should take : but Ido not see how the license could be considered valid if the Chief Commissioner alone signed it. The Chief Commissioner has no power except what is expressly given him by statute. Section 7 of the Crown Lands Act, 1867, does not give him the power to sign, nor can it be said, I think, that the routine business t( mentioned in section 15 of the Otago Waste Lands Act, 1872." would include the executing of deeds or the signing of licenses. The Act says the Waste Lands Board " shall grant." The Chief Commissioner is not the Board, and v the Board is not a Corporation, having no common seal, I do not see how the Board can grant, except all the Commissioners sign the lease or license. I think it a pity that the Act did not give the Chief Commissioner the requisite authority, but I cannot say it does, nor can I see any power the Board possesses to delegate its functions to another. The other question relates to the omission of the word " assigns " in the jdraft license. It seems to me, from a purview of the clauses referring to the alienation of land on deferred payments, that the Legislature intended that the licensee, or, in the event of his death, his executor or administrator, should alone have the right of occupancy and purchase the Waste Lands Act confers. It would, I think, be attributing an adsurdity to the Legislature to say that, while subletting is prohibited, assigning is allowed. At the same time I admit that the word "assigns" is used in the snb-seetions pointed out, but I think that the Waste Lands Board would be carrying out the intentions of the Act if the draft submitted by me were adopted. If they are inserted, and wholesale alienation allowed, 1 am afraid the benefits intended to be conferred by the Act by the introduction of the deferred payments system would be doubtful, if not impossible. THE SIGNING OF LEASES. Hitherto all leases have been made out in the name of the Chief Commissoner. At this meeting a lease to Messrs. Hardincnind Co., prepared in accordance with t^pforegoing opinion, that is to say, in the names of the several members of the Board — was brought up for signature by the members. The Chief Commissioner declined_taiugnitrt»-it-wa»-thalfirßt.i»f the kind, until he had taken legal advice. The lease was notsigned, On the opinion being subsequently read, Mr. Reid : The point is whether the Chief Commissioner only, or all the other members, should sign. The Chief Commissioner : I concur in everything the Provincial Solicitor says in the opinion, except as to the powers of the Crown Commissioner. I think in that point it is beyoud his power to interfere. Mr. Strode : He only expresses his opinion of the case in its legal bearings. I Mr. Reid : The Solicitor says that the objection to the Chief Commissioner alone sighing is one that the licensee or lessee alone should take. " Well, that being so, I would be disposed to say, "He has put himself right by advising the Board the proper course to take, and we are not bound to follow it." I don't see what damage would accrue in that case. The Chairman : To go upon the opinion would be to overturn all precedent. You must have very strong grounds to overturn an immemorial practice. Mr. Reid ; I propose that we should pursue the usual practice. It ii for a lessee to object. The Chairman knew that the present practice had been followed for fifteen years. ■ Mr Strodeflßrted the 15th section of the Act to Show that the power of the Chief Commissioner was confined to " routine business," and he did not consider the signing of leases "routine bussiness." He also quoted the 7th section of the Crown Lands Act of 1862, and considered that the Attorney-General should be

asked whether leases be signed by the Chief Commissioner alone or by all the members.

The Chairman : If yon submit the question to the Attorney-General I will be satisfiedMr Strode ; It would be better to settle the matter in that way at once and for all. Mr Clark : Why not go on as before ? Mr Strode : We are told by our legal adviser that we are wrong, and we should not do so if we think we are Jwrong. The Chairman: The Waste Lands Board grants a lease. Immediately you leave the table I execute it, and I am held responsible. But Igo further and say that every act of the Board must be recorded in the minute-book. My view is this: The Chief Commissioner represents the Central Government. The Central Government gives up the de facto power to the Board, and the Board having agreed to a lease, it is legally executed by me. j Mr. Strode : The change would be inconvenient, and no member of the Board has a desire to sign leases, but it is a question whether the present practice is legal. If the proposed way is law, it should be obeyed until it is altered. The Chairman : I would be glad of the change, provided there is authority, but I don't think you will like it. It was resolved — "In the meantime the Chief Commissioner to formally sign all leases and licenses." Also, that an addendum to the forms by Mr. Reid be noted. An amendment, proposed by Mr. Strode, that the opinion of the AttorneyGeneral be obtained on the point as to the signing of the leases and licenses, was lost.