WASTE LANDS BOARD.

Tuapeka Times, Volume VII, Issue 426, 16 January 1875, Page 3

WASTE LANDS BOARD.

(Fom the " Times.") *, THB SALE OP THE WAIKOIKOI HUNDRED. A special meeting of the Waste Lands Board was held on Monday morning, to consider an application lodged by James Logan for the purchase of lands in the Waikoikoi Hundred. At the opening of the proceedings the following members were present : — The Chief Commissioner, Messrs Bastings, Butterworth, Donald Reid, and Strode. The Chief Commissioner said the business for which the meeting was called was to consider an application by Mr Connell, on behalf of ivlr James Logan, for a decision by the Board on Mr Logan's application of date January 7th, for the purchase of lands in the Waikoikoi Hundred. — [The particular description of the land referred to is as follows : — Sections 1 to 22 inclusive, and 25 to 31 inclusive, block HI., Greenvale district j also sections 46, 47, 59, and 60, block 111., Glenkenich district, being an area, of 2,592 acres. Sections 20, 20a, 22, 24, 25, 27, 28, 30, to 34 inclusive, block 11,, Glenkenich district ; also sections 1, 2, 4. 6, 8, 9, 10, 12, 13, 14, block VIII., Greenvale district, being an area of 3541 acres. The Commissioner went on to say that as Mr Logan was a relative of his, he would prefer not to be present while the matter was being considered, unless his presence was absolutely necessary. The Commissioner then retired, and Mr. Strode took the chair.v The Chairman read the following memo, from His Honour the Superintendent : — "Superintendent's Office, " January 11th, 1875. " This is to certify that, with the advice and cousent of the Executive Council, on the 15th December, 1874, 1 agreed to the land in the Waikoikoi Hundred, with the exception of sections 21, 23, 26, and 29, block 11., and sections 3, 5, 7, and 11, block VIII., being land of special value, and sold by public auction in terms of the 85th section of the*stago Waste Lands Act, 1872, and to the land being withdrawn from sale at £1 per acre. ♦ 41 J. Macandbew, Superintendent." Mr. Ecid said he objected to this business being taken up, as he contended there was no application before the Board. The land applied for was not open for application, as would be seen by the minutes of the Board and the memo from His Honour, which was just read. This laud, as the members of the Board would remember, was declared to be of special value, and be directed to be sold at public auction under the 85th section of the Waste Lands Act. It appeared that Mr. Logan wished to steal a march on the public, and put in an application for the land at the usual price of £1 per acre. He (Mr. Reid),* as a member of the Board, refused altogether to entertain that application in any shape, or give it any footing at all, and he was very sorry indeed that a special meeting of the Board had beeu called to consider it. He thought it was giving the matter greater importance than it deserved. It should be treated in the same way as any other application that might have been made by any other person who did not happen to hold the country in question. He would move the following resolution :—": — " That inasmuch as the land in the Waikoikoi Hundred has been set apart as land of special value in terms of the 85th section of Waste Lands Act 1872, the land was not open for application when this application was lodged, and the Board therefore declines to entertain the application?** He hoped the 'Board would decide this point at once, because if it were decided there was no application before the Board within the meaning of the Act, Mr. Connell had no locus standi. Mr Bastings seconded Mr. Keid's resolution. He could not see what desire Mr Logan had to put in an application. Mr. Connell submitted that if he brought the application, and as he was prepared to do, showed clearly and distinctly that the land was lawfully open to application, the Board, unless they heard him, would be working in the dark and doing a great injustice to "Mr Logan. He had conformed with the provisions of the Land Act, and came forward the day the hundredjoeasproclaimed open, and put in an application. He submitted that if the Board refused to hear his argument in support of the application, it would be equivalent to an acknowledgement that his argument wonld shake them. If the Board had taken lawful and proper steps in opening the Hundred for application*hey need not be afraid of hearing what he had to say. But he took it that Mr. Reid's conscience Mr. Reid objected to Mr. Connell being heard at all, until the point he had submitted was settled. He could ajpure Mr. Connell that he (Mr. Reid's) conscience was quite at ease. The Chairman thought it was unnecessary to say anything, as the application could not be entertained. Mr. Connell thought that was a most extraordinary decision. The Board was a quasi judical body, and yet it was about to turn him away without hearing what he hadg to say. In the name of justice he protestecT such a preceeding. Mr. Logan had tendered, his deposit, and sent in a written application to the Board, and he (Mr. Connell) was now prepared to submit substantial grounds upon* which that application ought to be granted. He was prepared to impugn the legality of the action of the Board in offering the land for sale, and it appeared the Board was afraid to hear him. Mr. Bastings : A good deal might be said on the other side of the question. The Chairman pointed out that if Mr. Logan was wronged he had a remedy. Mr. Connell : The remedy is to come before their Board. *Dhe Chairman : If you are wronged by this Board there isAremedy elsewhere. Mr. Connell saiaTTihat before the Board came to a decision, he would ask them carefully to weigh the terms of, the Act under which they sat, which Act provided that all applications for land in the "Province should be heard and determined at meetings of the Board. If the Board were prepared to divest themselves of all their functions, and refuse to hear applications, it was not for him to point out their course. '•"The Board sat there for the purpose of considering an application which he contended was legal, and if the Board decided that it was not legal, he would go away quietly. But he contended that it would be a great injustice if the Board would not hear the grounds on which the application was made. Mr. Reid remarked that if they began to argue this matter the argument would take a very long time, and he did not think it wpuld alter the decision of the Board. The resolution was then unanimously agreed to. Mr. Connell said if he had been permitted he would have shown that this land had been sold illegally. He would give notice of appeal against the decision just arrived at.