PAPERS RELATIVE TO THE WASTE LANDS OF OTAGO; BEING EXTRACTS FROM THE PROCEEDINGS OF THE WASTE LANDS COMMITTEE.

Appendix to the Journals of the House of Representatives, 1869 Session I, F-10

P.—No. 10.

PAPERS RELATIVE TO THE WASTE LANDS OF OTAGO; BEING EXTRACTS FROM THE PROCEEDINGS OF THE WASTE LANDS COMMITTEE.

Extract from Journals of the Souse of Bepresentatives, of the 19th August, 1869. Ordered, That the following documents be printed : — " 1. All Petitions and Eesolutions affecting the Waste Lands of Otago and referred to the Waste Lands Committee this Session. " 2. All Evidence taken and Eesolutions come to by the said Committee in reference to such Waste Lands as affected by ' The Otago Hundreds Eegulation Act, 1869,' and ' The Otago Waste Lands Amendment Act, 1869,' respectively." (Mr. Howorth.)

WELLINGTON. 1869.

Note.—For the Petitions affecting the "Waste Lands of Otago, vide the Appendix to the Journals of the House of Bepresentatives, 1869, letter G. For the Eeports of the Waste Lands Committee on the said Petitions, vide Journals of the House of Eepresentatives, 18C9. (In Index, see Committees, Select-Waste Lands.)

F.—No. 10.

PROCEEDINGS OF THE WASTE LANDS COMMITTEE. PETITION OP Mr. JOHN McLEAN. Mr. Billon Bell laid before the Committee sundry affidavits, which he proposed should be printed and distributed to the members of the Committee. Agreed to. Affidavit. I, Edward Menlove, of Hyde House Station, Switzers, in the Province of Otago, do solemnly and sincerely declare as follows : — 1st. I know and am well acqainted with the country lying between the Beaumont Burn and the Tuapeka Eiver, and the surrounding country, forming Bun No. 137. 2nd. The greater part of the said run is rough and ridgy, and may be correctly and fairly described as purely pastoral country. 3rd. That the portion of the said run lying between the Beaumont Burn and the Tuapeka River, coloured red on the plan drawn at the end hereof, is rough pastoral land, with the exception of the flats along the roadside and around the homestead belonging to Mr. John McLean. 4th. That the aforesaid flats, taken together, would not include more than about five hundred (500) acres. 5th. That there is no other land within the portion of the said run coloured red as aforesaid fitted for the purposes of agriculture. 6th. That in the event of the said portion of the said run, so coloured red as aforesaid, being declared open for sale at one pound per acre, I believe it would be purchased, if purchased at all, principally for the purpose of acquiring pastoral rights in addition to the land so purchased, and that the remainder of the run would be rendered almost valueless to the present lessee. 7th. That there is already a large tract of country in the Tuapeka District at the disposal of the settlers as a commonage, which contains several thousands of acres of land unpurchased, which are in every respect as suitable for the purposes of agriculture as any portion of the said Run No. 137 socoloured red as aforesaid. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand, intituled " The Justices of the Peace Act, 1866." Edward Menlove. Declared at Dunedin, in the Province of Otago, the ninth day of June, 1869, before me, R. B. Martin, A Justice of the Peace for the Colony of New Zealand. Note. —Similar affidavits were laid before the Committee from Robert Stuart, J.P., James Kennedy, Charles Stright Harvey, Edmund John Schotel, J. Hyde Harris, David Corsan, George Matheson, John P. Herbert, William McBeath, Thos. Lees, William Sheath, James Rae, Ewen Cameron, Alexander Mollison, Duncan McAuslan, Robert Barr, Gerard Spooner. Mr. Beynolds, for the information of the Committee, laid on the table copies of the Report and Evidence of the Select Committee on Hundreds, taken during the sitting of the Provincial Council of Otago in Session XXV., 1869, and other documents connected therewith. His Honor Mr. J. Macandrew to the Hon. the Colonial Secretaet. Province of Otago, New Zealand, Sie,— Superintendent's Office, Dunedin, 18th June, 1869. I have the honor to forward herewith Resolutions of the Provincial Council, in favour of the proclamation of six additional Hundreds; also, a tracing of each Hundred, with description of boundaries. I also enclose the Report of the Select Committee, together with the Evidence upon which the Resolutions of the Council are founded, and a letter from Mr. James Smith protesting against the proclamation of the Beaumont Hundred. I have now to express my own concurrence in these Resolutions, and to request that His Excellency may be advised to proclaim the proposed Hundreds as early as possible. I have, &c, J. Macandrew, The Hon. the Colonial Secretary, Wellington. Superintendent. Mr. Smith to His Honor the Superintendent of Otago. Sie,— Dunedin, 3rd June, 1869. I observed by the Report of the Select Committee on Hundreds that it has recommended that 5,000 acres of my run, No. 123, should be proclaimed into a Hundred, to extend along the banks of

24th June, 1869.

PAPEES EELATIVE TO THE WASTE LANDS 0E OTAGO.

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PAPERS RELATIVE TO THE

the Tuapeka to its junction with the Clutha Eiver, and that this proposal, with the exception of that part referring to the boundary, has been confirmed by the Council. As it now rests with your Honor to give effect to the recommendation, I have the honor respectfully to request that when you transmit such proposal to His Excellency the Governor you will also transmit this protest against such action on the following grounds : — 1. I have only very recently consented to reserve 3,000 acres for the use of miners on my run. 2. That it has hitherto been an acknowledged rule that the evidence of the pastoral tenant of the Crown should be taken in all cases when Hundreds are proposed to be proclaimed. 3. That I have not been consulted on the matter, and my evidence has not been asked by the Select Committee of the Provincial Council. 4. That the Chairman of the said Committee stated in the Provincial Council, that no evidence was taken specially regarding this matter, but was brought forward by one member of the Committee when the report was all but closed for presentation to the Council. 5. That the adoption of boundaries as indicated would only give about one mile in depth from the Tuapeka Eiver, so that it could only be useful for mining purposes ; or, if occupied by stock, it would be a source of constant annoyance, trouble, and loss to me, as pastoral tenant of said run. 6. That the proclamation of an adjacent block of 10,000 acres, together with existing commonage in Tuapeka District, is amply sufficient for all the requirements of iona fide settlers and miners in the said district. 7. That I would further respectfully submit that if it is decided that 5,000 acres of my run should be proclaimed into a Hundred, it ought to include the 3,000 acres lately given up by me, and that the boundary should be simply an extension of said block. I have, &c, His Honor the Superintendent, Province of Otago. James Smith. Eesolutions oe Provincial Council, Otago. 1. That it is not desirable that the prayer of the Hawkesbury petitioners should be granted. 2. That there is no necessity at present for a Hundred at Mataura. 3. That the consideration of a Hundred at Switzers be referred back to the Government to deal with. 4. That there is a necessity for a new Hundred of about 20,000 acres at Tapanui, said Hundred to be on the east bank of the Pomahaka Eiver, and the boundaries to be, as nearly as possible, as delineated by a red line on the map. 5. That there is a necessity for a new Hundred of about 25,000 acres, adjoining the old Clutha Hundred ; the boundaries to be decided by the Government. 6. That there is a necessity for a new Hundred of about 20,000 acres, on Euns 78 and 31; the boundaries to be decided by the Government. 7. That there is a necessity for a new Hundred of 20,000 acres at Strath Taieri; boundaries to be as recommended by the Government. 8. That there is a necessity for a new Hundred of about 15,000 acres at the Beaumont, said Hundred to comprise the 10,000 acres recommended by the Government, and 5,000 acres on Eun 123. 9. That there is a necessity for a new Hundred at Shag Valley, said Hundred to comprise those portions of Euns 109 and 80 tinted green on the annexed tracing. It was then moved by Mr. Ludlam, and agreed to, That, in view of the importance of the public and private interests involved in the Petition now before the Committee, the Committee strongly recommend that no Hundred should be proclaimed by the Governor until all the questions raised as between the public and the runholders shall have been considered, with a view of settling the same on an equitable basis. It was further moved by Mr. Ludlam, and agreed to, That the preceding Eesolution be forwarded by the Chairman to the Government.

Moved by Mr. Beynolds, That the evidence taken by the " Commissioners on Administration of Crown Lands of Otago "be produced for the use of the Committee. Agreed to. The evidence was accordingly laid on the table. (Appendix C, No. 1.) Mr. Hall laid on the table a series of proposed Eesolutions relating to the Eeport of the Commissioners on Administration of Crown Lands of Otago : — After consideration of the various Petitions on the subject of Hundreds which have been referred to the Committee, and the Eeport of the Commissioners on the Administration of the Crown Lands of Otago, the Committee resolves : — 1. That it is desirable the Hundreds system in the Province of Otago as at present existing should not be interfered with. 2. That, having regard to the importance of the interests affected by the creation of Hundreds, and to the inexpediency of leaving those interests to the chances of Executive action, it is necessary to regulate by law, as far as practicable, the conditions on which new Hundreds shall be constituted. 3. That, in order to allow of the Hundreds system being carried out in good faith to those who have invested capital in reliance on past legislation of the General Assembly and on agreements with the Executive Government, it is essential that in every Hundred to be hereaiter proclaimed, there should be a proportion of not less than one half of the area of fair agricultural land, and that no Hundred therefore should be proclaimed which consists of purely pastoral land.

<7th July, 1869.

WASTE LANDS OF OTAGO.

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4. That no Hundred should exceed 15,000 acres in extent, and that no Hundred should be proclaimed unless there are applications for the purchase of one-eighth of the land included therein, and a deposit of 2s. 6d. per acre made with such applications. 5. That the character of the land to be included in any proposed Hundred, the extent of land in the vicinity already open for selection and settlement, and other circumstances affecting the desirability of the proclamation of the proposed Hundred, should be investigated and reported upon by an officer or officers to be appointed by the Colonial Government. That such officer or officers have power to examine witnesses on oath, and to report the result of his or their investigation to the Colonial Secretary. 6. That when a Hundred is proclaimed compensation should be given to the runholder for the land taken from his run. That until other provision is made in that behalf by the General Assembly, for the purpose of determining the amount of such compensation, the same course should be taken as is provided in sections 17, 18, and 19 of " The Gold Eields Act, 1866," and that the lease over the portion of the run so proclaimed should be cancelled. That such compensation should, at the option of the Provincial Government, be payable in three equal annual instalments, and should be a charge upon the rents, assessments, and proceeds of the land included in the Hundred. 7. That whereas the covenants made between the Provincial Government and certain runholders have been in operation for more than two years, and in many cases large expenditure has been incurred on the faith of their being maintained, any doubts which may have arisen as to their validity should be removed, and legal effect given to them. 8. That the Government be requested to bring in a Bill to give effect to the above Eesolutions. It was resolved that a copy of these Eesolutions should be furnished to each member of the Committee. The Son. Mr. Dillon Bell submitted to the Committee, copy of the final Eeport of the Otago Provincial Council Select Committee on Black's, Mount Benger, and Tuapeka Petitions, and read certain extracts from them. Moved by Mr. Sail, That the Chairman be requested to prepare a Bill transferring the appointment and remuneration of the Commissioner of Crown Lands in each Province to the Colonial Government, and removing defects in the existing constitutions of the Waste Lands Boards. Agreed to.

PETITION OE HAEEIE CAEE EOBISON. This Petition was laid before the Committee, and read by the Chairman.

9th July, 1869.

PETITION OE EIGHTY-ONE SETTLEES WITHIN HUNDEEDS. This Petition was laid before the Committee, and read by the Chairman.

Mr. Hall's Eesolutions as peinted. These Eesolutions, on motion of Mr. Sail, were read by the Chairman, and afterwards considered seriatim. Clause 1 read. Amendment proposed : That after the word " with " in line 2 the words " except in so far as may be provided in accordance with these Eesolutions " be added. Clause 1 as amended agreed to. Clause 2 as printed and read agreed to. Clause 3 as printed and read agreed to. Clause 4 read. Amendment proposed: That after the word " extent" in line 1 the remainder of the clause be struck out. Clause 4 as amended agreed to. Clause 5 as printed and read agreed to. Clause 6 read. Amendments proposed : That after the word " That" in line 2, the words " until other provision is made in that behalf by the General Assembly " be struck out; that after the words " Act, 1866," in line 5 the words " except that the Arbitrators shall in all cases be appointed by the Governor "be inserted; that after the words " upon the " in line 7 the words " land revenue of the Province and be paid by order of the Governor " be inserted, and the remainder of the clause be struck out. Clause 6 as amended agreed to. Clause 7 as printed and read agreed to. Clause 8 as printed and read agreed to. Moved by Mr. Beynolds, That the following words stand as a new Eesolution to follow clause 6 : " That, in consideration of the Provincial Eevenue being charged with the compensation to be paid for Hundreds to be hereafter proclaimed, the proceeds of assessments on stock within the same shall be Provincial Eevenue." On motion of Mr. Sail the further consideration of this Eesolution was postponed to next sitting. Mr. Bradshaw stated that he should move at next sitting, That the following words be adopted, and moved as a Eesolution in the House: " That it is desirable that the clause or clauses of the Waste Lands Act providing for the sale of waste land at 10s. per acre be repealed." The Committee then adjourned to Tuesday, 13th instant, at 11 o'clock.

The Chairman read a letter received from the Deputy Superintendent of the Province of Otago, covering another from James Smith withdrawing his protest respecting Eun No. 123 being declared into a Hundred.

13th July, 1869.

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PAPERS RELATIVE TO THE

Mr. J. Eeasee to the Hon. the Colonial Seceetart. Province of Otago, New Zealand, Sic, — Superintendent's Office, Dunedin, 2nd July, 1869. Eeferring to my letter No. ,of the ultimo, I have now the honor to forward the enclosed from Mr. James Smith withdrawing his protest against a portion of his run, No. 123, being declared into a Hundred. There can therefore, I presume, be no difficulty in the way of the Proclamation being issued. I have, &c, J. Eraser, The Hon. the Colonial Secretary Wellington. Deputy Superintendent. Mr. J. Smith to His Honor the Superintendent of Otago. Sir, — Tokomairiro, 30th June, 1869. I beg leave to withdraw my letter of 3rd June, protesting against five thousand (5,000) acres of my run, No. 123, being declared into a Hundred, as Mr. Gillies, Government Agent, has arranged with me for the sale of the same. I have, &c, His Honor the Superintendent, Province of Otago. James Smith. The Committee resolved that no action be taken with respect to this case until the whole question be reported upon.

Mr. Hall's Eesolutions. The Committee proceeded to further discuss these Eesolutions. On motion of Mr. Beynolds, the following was proposed as a new Eesolution to follow clause 6, and agreed to : " That in consideration of the Provincial Eevenue being charged with the compensation to be paid for Hundreds to be hereafter proclaimed, the proceeds of assessments on stock within the same shall be Provincial Eevenue." The, Son. Mr. Dillon Bell moved, That the following proviso be added to clause 6.- "Provided always that the amount of compensation to be paid shall not exceed the following rates— " Where not more than 5,000 acres are taken for the Hundred, 6s. por acre ; " Where not more than 15,000 acres are taken, 4s. per acre ; " Where the whole acreage of the run is taken over and above the amounts, 2s. 6d. per acre." On the motion being put, Mr. Beynolds moved the following as an amendment: " Provided always that it shall be optional to the runholder, when a Hundred is proclaimed including any portion of his run, to throw up his lease of such run, and he shall be entitled to receive compensation for the whole amount of land comprised in the said run at a rate not exceeding 2s. per acre : And provided further, that if such runholder prefers to continue in occupation of his run he shall be entitled to compensation at a rate not exceeding 3s. per acre over the portion of the run so proclaimed." On the amendment being put, it passed in the negative. On the original motion being put, it passed in the negative. Mr. Sail moved, That the following proviso be added to clause 6 : " That after the amount of compensation shall have been determined by arbitration it shall be optional with the Provincial Government, if it shall object to the amount of such compensation, to abandon the proposed proclamation of such Hundred." Agreed to. The whole of the Eesolutions as amended and read were agreed to.

OTAGO WASTE LANDS AMENDMENT ACT, 1869. Moved by the Son. Mr. Dillon Bell, That Mr. Macandrew be invited to attend the Committee to state the object of this Bill. Mr. Macandrew attended, and stated as follows : —The object of the Bill is simply this: L T nder the existing Act it is found positively, in most cases, the pasturage within Hundreds has been given away— nothing paid for it; whereas on the runs, 3s. 6d. per head is paid for large cattle, and yd. for small: the whole is paid into the Provincial Eevenue. The principal object of the Bill is to assimilate the two classes —to get a revenue from one as well as the other. At present the pasturage is in the hands of Wardens, and in some of the Hundreds they act, in others not. Half goes to the Eoad Boards, and half expended by the Wardens. The latter half was found to be misapplied, i.e., roads are said to have been made to the doors of the Wardens. It is considered the money would be far better applied if appropriated in the usual way —to the Eoad Boards. The only Hundreds where the Act has been in operation satisfactorily are the Hundreds in the neighbourhood of Oamaru. Had the Act been carried out throughout the Province in a similar spirit, there would have been no necessity for this Bill. The upshot is, that on the runs and within the Gold Pields 3s. 6d. and 7d. are paid to the Provincial Eevenue —in the Hundreds nothing at all is paid, in many instances. Mr. Macandrew then, withdrew. Moved by Mr. Graham, That, in the opinion of this Committee, the new Act, as regards administration by Wardens, shall only extend to Hundreds hereafter to be proclaimed. The motion on being put, passed in the negative. Clauses 1 to 4 read and agreed to. Clause 5 read. Amendments proposed : That the whole of the words in line 1 and to the word "Council" in line 2 inclusive be struck out, and the words "The Waste Land Board shall" be inserted in their place ; and that the word " to " in lines 3, 4, 6, 8 respectively be struck out, and that the following proviso be added to the clause : " Provided always that all such Eegulations shall be approved by the Superintendent." Amendments agreed to. Clause 6 read. Amendment proposed : That the whole of the words in line 1 and to the word "to" in line 2be struck out, and the words " The Waste Lands Board shall" be inserted in their place. Agreed to.

WASTE LANDS OF OTAGO.

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E.—No. 10.

Clause 7 read. Amendment proposed: That the words "by the Superintendent" in line Ibe -struck out. Agreed to. Clauses 8 and 9 read and agreed to. Clause 10 read. Amendment proposed : That the word " aforesaid " in line 2be struck out; and the words "of his Executive Council" be inserted in its place. Agreed to. Clauses 11, 12, and 13, read and agreed to. Clause 14 read. Amendment proposed: That the words "by the Superintendent" in line sbe struck out. Agreed to. On motion of Mr. Bradshaw, Mr. Macandrew was permitted by the Committee to make a further statement in support of this Bill. After which, it was moved by Mr. Bradshaw, That the following stand as a new clause to be added to the Bill: " The last proviso of the 35th clause of ' The Waste Lands Act, 1866,' which makes provision for the sale of land at 10s. per acre, is hereby repealed." On the motion being put, the Committee divided— Ayes, 2. Noes, 7. Mr. Bradshaw Hon. Captain Baillie Mr. Carleton. Hon. Dr. Buchanan Hon. Dr. Menzies Major Heaphy, V.C. Mr. Graham Mr. Jollie Mr. Beynolds. So it passed in the Negative. The Son. Dr. Menzies moved, That the Otago Waste Lands Bill be reconsidered by the Committee, with the view of amending some of the sections. Agreed to. Clause 5 read. The Son. Dr. Menzies proposed as an amendment, That in lieu of " the Waste Lands Board shall" " the Wardens shall," &c. On the motion being put, the Committee divided — Ates, 5. Noes, 5. Hon. Dr. Menzies Hon. Dr. Buchanan Hon. Mr. J. O'Neill Hon. Mr. Dillon Bell Mr. Bradshaw Mr. Beynolds Mr. Carleton Mr. Jollie Mr. Graham. Major Heaphy, V.C. The numbers being equal, the Chairman voted with the Noes. So it passed in the Negative. Clause 10 read. The Son. Dr. Menzies proposed as a Eesolution affecting the whole principle of the Bill, " That the Wardens shall continue to administer the assessments in Hundreds as the Act of 1866 provides." On the motion being put, the Committee divided — Axes, 4. Noes, 6. Hon. Dr. Menzies Hon. Mr. Dillon Bell Hon. Mr. J. O'Neill Hon. Dr. Buchanan Mr. Carleton Major Heaphy, V.C. Mr. Graham. Mr. Bradshaw Mr. Jollie Mr. Eeynolds. So it passed in the Negative. Clause 5 reconsidered. Amendment proposed by the Son. Dr. Menzies, That after the word " depastured "in line 8 the words " and "to " unfenced "in line 10 inclusive be struck out. Agreed to. Moved by the Son. Dr. Menzies, That the following stand as clause 15 to this Bill: " This Act shall not come into operation until the first day of January, 1870." Agreed to. On motion of the Son. Mr. Dillon Bell the Bill as amended was agreed to, and ordered to be recommended to the House for adoption.

16th July, 1869.

OTAGO HTJNDBEDS EEGTTLATION ACT, 1869. Clauses 1 to 12 read and agreed to. < Clause 13 read. Moved by Mr. Beynolds, That the following proviso be added to clause 13 : " Provided that nothing herein contained shall be construed to affect or interfere with any power of initiating proceedings under any such covenant given to the Superintendent by the same." Agreed to. Clause 14 read. Moved by the Son. Dr. Menzies, That this clause be struck out. On the motion being put the Committee divided— Ayes, 4. Noes, 9. Hon. Captain Baillie Hon. Mr. Dillon Bell Hon. Dr. Menzies Hon. Dr. Buchanan Hon. Mr. J. O'Neill Hon. Mr. C. J. Pharazyn Mr. Carleton. Major Heaphy, V.C. Mr. Bradshaw Mr. Graham Mr. Jollie Mr. Ludlam Mr. Eeynolds. So it passed in the Negative.

20tli July, 1869.

PAPERS RELATIVE TO THE WASTE LANDS OE OTAGO.

FJ—No. 10.

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Clause agreed to. Preamble read and agreed to. On motion of the Son. Mr. Dillon Bell the Bill as amended was agreed to, and ordered to berecommended to the House for adoption.

PETITIONS OE EGGEES AND OTHEES, JOHN McKELLAE, AND Wm. Hy. SHEEWOOD EOBEETS. These petitions were laid before the Committee. The Committee deliberated. Moved by Major Seaphy, " That with respect to certain petitions, mentioned in the Schedule attached and referred to the Committee, against the declaration of Hundreds in the Province of Otago, this Committee recommend that no Hundreds whatever be declared in that Province except m accordance with the provisions of the Bill on the subject now under the consideration of the Legislature or any such provisions as may be passed in that behalf by the Assembly." Agreed to. Ordered, That the Chairman do report the above resolution to both Houses of the Legislature for their adoption.

21et July, 1869.

PETITION OE EOETY-SEVEN TAPANTTI SETTLEES. This Petition was laid before the Committee. Moved by the Son. Dr. Menzies, That the Superintendent of Otago be requested to attend the Committee. . „ , The Superintendent of Otago accordingly attended and said: " Prior to the meeting ot the Provincial Council, Government had arranged to lay open a Hundred, as stated in the Petition and as indicated therein, for 20,000 acres on four runs under the covenants. The Provincial Council altered that arrangement, and recommended that the Hundred be declared on two runs only. I am not in a position to state the reasons of the Provincial Council for so doing. " My opinion is, that the first proposal was the fairest, as it divided the Hundred between tour instead of two runholders." , By the Son. Dr. Menzies: "Would the original proposal include more arable land than the Provincial Council's proposal ?"—" I cannot say." The Superintendent was thanked, and then withdrew. Moved by Mr. Beynolds, " That the Tapanui Petition be referred to Government, with a recommendation that the question involved be decided under the provisions of the Bill on Hundreds now passing through the Legislature." Agreed to.

27tli July, 1869