LANDS COMMITTEE (REPORT OF THE) ON THE LAND LAWS AMENDMENT BILL, TOGETHER WITH THE MINUTES OF PROCEEDINGS. (Hon. Mr. DUNCAN, Chairman.)

Appendix to the Journals of the House of Representatives, 1907 Session I, I-05a

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1907. NEW ZEALAND.

LANDS COMMITTEE (REPORT OF THE) ON THE LAND LAWS AMENDMENT BILL, TOGETHER WITH THE MINUTES OF PROCEEDINGS. (Hon. Mr. DUNCAN, Chairman.)

Beport brought up on the 23rd day of August, 1907, together with minutes of proceedings, and ordered to be printed.

ORDER OF REFERENCE.

Extract from the Journals of the House of Bepresentatives. Thuesday, the 11th Day. of July, 1907. Ordered, " That Standing Orders Nos. 219 and 339 be suspended, and that a Committee be appointed, consisting of fifteen members, to whom shall stand referred after their first reading all Bills affecting or in any way relating to the lands of the Crown or educational or other public reserves; and the Committee shall have power to make such amendments therein as they think proper, and to report generally when necessary upon the principles and provisions of the Bill; the Committee to have power to call for persons, papers, and records; three to be a quorum: the Committee to consist of Hon. Mr. Duncan, Mr. Ell, Mr. W. Eraser, Mr. Greenslade, Mr. Hall, Mr. Hogan, Mr. Lang, Mr. Lawry, Mr. Lewis, Mr. Maopherson, Hon. Mr. Mills, Mr. Remington, Mr. Symes, Mr. Witty, and the mover."— (Hon. Mr. McNab.)

Memorandum for the Chairman of the Lands Committee. House of Bepresentatives, 19th July, 1907. The Bill intituled the Land Laws Amendment Bill was read a first time in the House of Bepresentatives on the 19th day of July, and, by order of the House, stands referred to the Lands Committee for report. H. Otterson.

EEPOET.

The Lands Committee, to whom was referred the Land Laws Amendment Bill, has carefully considered the same, and recommend that it be allowed to proceed with the amendments shown on the copy of the Bill attached hereto. 23rd August, 1907. T - *• Duncan, Chairman.

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MINUTES OF PROCEEDINGS.

Friday, 26th July, 1907. The Committee met at 10 a.m., pursuant to notice. Present : Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell, W. Fraser, Greenslade, Hall, Hogan, Lang, Lewis, Macpherson, Eemington, and Symes. The Order of Eeference, referring the Land Laws Amendment Bill to the Committee, was Resolved, That clauses 1 and 2 as printed stand part of the Bill. The meeting then adjourned. Wednesday, 31st July, 1907. The Committee met at 10 a.m., pursuant to notice. Present: Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs W. Fraser, Greenslade, Hall, Hogan, Lang, Lawry, Lewis, Macpherson, Eemington, Symes, and Witty. The minutes of previous meeting were read and confirmed. Clause 3.—The question was proposed, That this clause as printed stand part of the Bill. The Committee divided, and the names were taken down as follow :— Ay eS) 9._ Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Hall, Hogan, Lawry, Macpherson, Eemington, Symes, and Witty. Noes, s.—Hon. Mr, Mills, Messrs. W. Fraser, Greenslade, Lang, and Lewis. Resolved, That the clause as printed stand part of the Bill. Besolved, That clauses 4 and 5 stand part of the Bill. Clause 6.—Mr. Witty proposed, and the question was put, That the clause be amended by striking out the words ""sixty-six," in line 37, and inserting the words "thirty-three" in lieu thereof. The motion was lost on the voices; and it was resolved, That the clause as printed stand part of the Bill. , „ . Clause 7.—The Hon. Mr. Mills moved, That the words "and unexhausted, in line 2ot subsection {a), be struck out, with a view of inserting the words " or the effects of them " in lieu thereof. . Mr. Witty moved, as an amendment, That the words " and unexhausted be struck out in line 2, subsection (a). Besolved, on the motion of Mr. Lang, That the clause be postponed until amendments proposed by the Hon. Mr. McNab are brought down. Besolved, That clauses 8, 9, 10, 11, 12, 13, and 14 as printed stand part of the Bill. Besolved, That clause 15 be struck out. Clause 16. Mr. Lawry proposed, and the question was put, That the words "orof a lease in perpetuity " in line 1, subclause (1), be struck out, and was lost on the voices. The "Hon. Mr. Mills proposed, and the question was put, That the clause be amended by striking out the word " ten " in line 3, and inserting the word " five " in lieu thereof. The Committee divided, and the names were taken down as follow :— Ayes, 6.—Hon. Mr. Mills, Messrs. Greenslade, Hogan, Lang, Lewis, and Symes. jy oeS( 7.—Hon. Mr. McNab, Messrs. W. Fraser, Hall, Lawry, Macpherson, Eemington, and Witty. And so it passed in the negative. Mr. Lang proposed, and the question was put, That the clause be amended by striking out the. words " not exceeding in the whole ninety per centum " in lines 3 and 4, subclause (1). The Committee divided, and the names were taken down as follow : — Ayes, s.—Messrs. W. Fraser, Greenslade, Lang, Lewis, and Symes. Noes, B.—Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Hall, Hogan, Lawry, Macpherson, Eemington, and Witty. And so it passed in the negative. Besolved, That the clause as printed stand part of the Bill. Besolved, That clauses 17 and 18 as printed stand part of the Bill. Clause 19.—Mr. Lawry moved that the clause be struck out. Mr. Hall proposed, and the question was put, That the clause be amended by adding the words "under any Act" after the word "perpetuity "in line 30. The Committee divided, and the names were taken down as follow : — Ayes, 8. —Messrs. W. Fraser, Greenslade, Hall, Lang, Lewis, Macpherson, Eemington, and Symes. N OeS: s.—Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Hogan, Lawry, and Witty. And so it was resolved in the affirmative, and the words added. Mr. Eemington proposed, That the clause be amended by inserting the words " an advance of fifty per centum on the original value named in the lease or license " after the words " lease at " in line 32. After some discussion, Mr. Eemington withdrew his motion. Mr. Lang proposed, and the question was put, That the clause be amended by striking out the words " time of the purchase thereof " in line 33.

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The Committee divided, and the names were taken down as follow: — Ayet, 6.—Messrs. W. Fraser, Greenslade, Lang, Lewis, Eemington, and Symes. Noes, 7.—Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Hall, Hogan, Lawry, Macpherson, and Witty. And so it passed in the negative. The Committee then adjourned.

Wednesday, 7th August, 1907. The Committee met at 10 a.m., pursuant to notice. Present: Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs Ell, W. Fraser, Greenslade, Hogan, Lang, Lawry, Lewis, Macpherson, Eemington, Symes, and Witty. The minutes of the previous meeting were read, amended, and confirmed. Clause 19, subclause (1). —The question was proposed, That subclause (1) as amended stand part of the Bill. The Committee divided, and the names were taken down as follow: — Ayes, 10. —Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. W. Fraser, Gieenslade, Lang, Lewis, Eemington, Symes, and Witty. Noes, 3.—Messrs. Ell, Hogan, and Lawry. And so it was resolved in the affirmative, That clause 19, subclause (1), as amended stand part of the Bill. Resolved, That subclauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) stand part of the Bill. The question was proposed, That clause 19 as amended stand part of the Bill. The Committee divided, and the names were taken down as follow : — Ayes, 10.—Hon. Mr. Duncan, Hon. Mr. Mills, Hon. Mr. McNab, Messrs. W. Fraser, Greenslade, Lang, Lewis, Eemington, Symes, and Witty. Noes, 3. —Messrs. Ell, Hogan, and Lawry. And so it was resolved in the affirmative, That clause 19 as amended stand part of the Bill. Resolved, That clause 20 as printed stand part of the Bill. Clause 21. — Resolved, on the motion of the Hon. Mr. McNab, That the words " (not being pastoral lands) " on line 48, be struck out. Resolved, on the motion of the Hon. Mr. McNab, That the words "on the renewable-lease system," on lines 50 and 51, be struck out —subsection (a). Resolved, on the motion of the Hon. Mr. McNab, That the words " shall be signed by the Minister, and " in line 12, subsection (c), be struck out. The question was proposed, That clause 21 as amended stand part of the Bill. The Committee divided, and the names were taken as follow : — Ayes, 7.—Hon. Mr. McNab, Hon. Mr. Mills, Messrs. W. Fraser, Greenslade, Hogan, Lawry, a.nd Eemington. Noes, 6. —Hon. Mr. Duncan, Messrs. Ell, Lang, Lewis, Symes, and Witty. And so it was resolved in the affirmative, That clause 21 as amended stand part of the Bill. Resolved, That clause 22 as printed stand part of the Bill. Clause 23.— Resolved, on the motion of the Hon. Mr. McNab, That the words " carried on for the purposes of this Act, or of any Act or Acts for the time being in force relating to," after the word " words " in line 26, be added. Resolved, on the motion of the Hon. Mr. McNab, That the words " and substituting therefor the words 'lands whether Crown lands or not,' " in lines 26 and 27, be struck out. Resolved, That clause 23 as amended stand part of the Bill. Resolved, That clause 24 be postponed for future consideration. Resolved, That clause 25 as printed stand part of the Bill. Clause 26.— Resolved, on the motion of Mr. Witty, That the word " three " in line 7 be struck ' Resolved, on the motion of Mr. Witty, That the word " five " be inserted in lieu thereof. Resolved, That the clause as amended stand pare of the Bill. Clause 27 .—Resolved, on the motion of Mr. Witty, That the word " two " in line 10 be struck Mr. Witty proposed, and the question was put, That the word " four " be inserted in lieu thereof. The Committee divided, and the names were taken down as follow : — Ayes, 7.—Hon. Mr. Duncan, Messrs. Ell, Hogan, Lewis, Macpherson, Symes, and Witty. Noes, 7.—Hon. Mr. McNab, Hon. Mr. Mills, Messrs. W. Fraser, Greenslade, Lang, Lawry, and Eemington. The voting being equal, the Chairman gave his castmg-vote with the Ayes. And so it was resolved in the affirmative, That the word " four " be inserted. Mr. Witty moved, That the clause be amended by striking out the word "mortgage" in line 12. The Hon. Mr. McNab asked the Committee to negative the whole clause, and he would have a fresh clause brought up. Mr. Witty, with the permission of the Committee, withdrew his amendment. Resolved, That clause 27 be struck out. Clause 28.—Mr. Ell moved, That the clause be amended by inserting the words " Paragraph (1) of section one hundred and eleven of the principal Act is hereby repealed." ■ Mr. Ell withdrew his motion, and moved, That the clause be amended by inserting the words

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"omitting the words, 'if not sold at such auction, and by' " after the words "amended by" in line 27. The question being put, it was resolved, That the words be inserted. Mr. Witty proposed, and the question was put, That the clause be amended by adding the words "and by omitting the words 'not have any,'" and by substituting the words "have a," after the word " directs " at the end of section, and it was resolved, That the words be added. Resolved, That clause 28 as amended stand part of the Bill. Clause 29.—Mr. Bemington proposed, and the question was put, That the clause be amended by striking out the word "may," with a view of inserting the word "shall" in lieu thereof. It was lost on the voices, so it passed in the negative, and the word was retained. The Hon. Mr. Mills proposed, and the question was put, That the clause be amended by striking out the word " and" between the words " second-class and third-class lands " on line 32, with a view of inserting " five classes of land," in the clause. The Committee divided, and the names were.taken down as follow :— Ayes, 2. —Hon. Mr. Mills and Mr. Lewis. Noes, 11.—Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Ell, W. Fraser, Greenslade, Lang, Lawry, Macpherson, Bemington, Symes, and Witty. And so it passed in the negative. Mr. Macpherson moved that the clause be amended by adding a new subclause (d) : " Provided, for the purpose of this section, the Board may be assisted by any local valuer appointed by the Minister." After some discussion, it was resolved that the clause as printed stand part of the Bill. The meeting then adjourned until 10.30 a.m. on Thursday, the Bth instant.

Thursday, Bth August, 1907. The Committee met at 10.30 a.m., pursuant to notice. Present: Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell, W. Fraser, Greenslade, Hall, Hogan, Lang, Lawry, Lewis, Macpherson, Bemington, Symes, and Witty. The minutes of the previous meeting were read and confirmed. Resolved, That clause 30 as printed stand part of the Bill. Resolved, That clause 31 as printed stand part of the Bill. Resolved, That clause 32 as printed stand part of the Bill. Resolved, That clause 33 as printed stand part of the Bill. Resolved, That clause 34 as printed stand part of the Bill. Clause 35. — Resolved on the motion of the Hon. Mr. McNab, That the clause be amended by striking out the first two lines in the clause (lines 16 and 17), and the figure " 5," and the word " herein," on line 18. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by inserting the words " in section one hundred and twenty-seven of the principal Act," after the v ord " Nothing " on line 18. Resolved, That the clause as amended stand part of the Bill. Resolved, That clause 36 as printed stand part of the Bill. Resolved, That clause 37 as printed stand part of the Bill. Resolved, That clause 38 as printed stand part of the Bill. Clause 39. — Resolved, on the motion of the Hon. Mr. Mills, That the clause be amended by inserting the words " or portions," after the word " portion " on line 45. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by inserting the words " or clear, burn, sow in grass, or surface-sow with grass," after the word " grass " in line 47. Mr. Witty then moved, That the words " of fair average quality," be added to the resolution. On the question being put, the Committee divided, and the names were taken down as follow: — Ayes, 4.—Hon. Mr. Duncan, Messrs. Hogan, Macpherson, and Witty. Noes, 10—Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell, W. Fraser, Greenslade, Hall, Lang, Lewis, Eemington, and Symes. And so it passed in the negative. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by striking out the words " and to " on line 5. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by inserting the words " (3) The powers conferred by this section on the lessee or licensee shall be exercisable only on," after the word " crops " in line 5, subclause (2). Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by striking out the word " aforesaid " in line 7. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by inserting the words " ploughed or cultivated " after the word " area " in line 7. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by striking out the word " cultivated " in line 7. Resolved, That clause 39 as amended stand part of the Bill. Resolved, That clause 40 as printed stand part of the Bill. Resolved, That clause 41 as printed stand part of the Bill. Resolved, That clause 42 as printed stand part of the Bill. Resolved, That clause 43 as printed stand part of the Bill. The meeting then adjourned.

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Friday, 9th August, 1907. The Committee met at 10.30 a.m., pursuant to notice. Present: Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell, Greenslade, Hall, Hogan, Lang, Lawry, Lewis, Macpherson, Remington, Symes, Witty. The minutes of the previous meeting were read and confirmed. Resolved, That clause 44 as printed stand part of the Bill. Besolved, That clause 45 as printed stand part of the Bill. Clause 46.—The Hon. Mr. Mills moved, That the clause be struck out. Besolved, on the motion of the Hon. Mr. McNab, That the clause be amended by inserting the words " under any Act" after the word " authority "oh line 36. The question was proposed, That the clause as amended stand part of the Bill. The Committee divided, and the names were taken down as follow : — Ayes, 8. —Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Ell, Hall, Hogan, Macpherson, Eemington, and Witty. Noes, 5. —Hon. Mr. Mills, Messrs. Greenslade, Lang, Lewis, and Symes. And so it was resolved in the affirmative. Clause 47. — Besolved, on the motion of Mr. Witty, That the clause be amended by inserting the words " fruit-preserving works," after the words " cheese-factory " on line 43, subclause (1). Mr. Hogan proposed, and the question was put, That the clause be amended by inserting the words " to any one person or company " after the word " disposed " on line 44, subclause (2) ; and inserting the words " and no number of allotments so disposed of to more than one person or company shall exceed fifteen acres in any one place " after the words " acres " on line 44, subclause (2). The Committee divided, and the names were taken down as follow :— Ayes, 2,—Mr. Ell and Mr. Hogan. Noes, 12. —Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Greenslade, Hall, Lang, Lawry, Lewis, Macpherson, Remington, Symes, and Witty. And so it passed in the negative. Besolved, That clause 47 as amended stand part of the Bill. Besolved, That clause 48 as printed stand part of the Bill. Clause 49.—Hon. Mr. McNab moved, That the clause be amended by striking out the words " preference shall be given, subject " on lines 8 and 9. After some discussion, it was resolved, That the clause as printed stand part of the Bill. Clause 50.— Besolved, on the motion of Mr. Witty, That the clause be amended by inserting the words "at least twice" before the word "unsuccessfully" on line 20. Besolved, That clause 50 as amended stand part of the Bill. The Hon. Mr. McNab said he would obtain the opinion of the Attorney-General on clauses 48, 49, and 50, and, if necessary, would ask the Committee's permission to recommit the clauses. Besolved, That clause 51 as printed stand part of the Bill. Besolved, That clause 52 as printed stand part of the Bill. Besolved, That clause 53 as printed stand part of the Bill. Clause 54.—Mr. Witty moved, That the clause be amended by striking out the word " five " in line 39, with a view of inserting the word " ten." On the question being put, That the word "five" stand part of the clause, the Committee divided, and the names were taken down as follow:— Ayes, 10.—Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Greenslade, Hall, Hogan, Lang, Macpherson, Remington, and Symes. Noes, 4.—Messrs. Ell, Lawry, Lewis, and Witty. And so it was resolved in the affirmative. Besolved, That clause 54 as printed stand part of the Bill.

Wednesday, 14th August, 1907. The Committee met at 10.30 a.m., pursuant to notice. Present: Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell, Greenslade, Hall, Hogan, Lang, Lawry, Lewis, Macpherson, Remington, Symes, and Witty. The minutes of the previous meeting were read and confirmed. Clause 55.— Besolved, That the clause be amended by striking out the word " three " in line 51. Besolved, That the word " five " be inserted in lieu thereof. Besolved, That subclause (1) as amended stand part of the clause. Besolved, That subclause (2) be struck out. Besolved, That subclauses (3), (4), (5), and (6) as printed stand part of the clause. Besolved, That subclause (7) be amended by striking out the word " four " in line 24. Besolved, That the word " seven " be inserted in lieu thereof. Besolved, That subclause (7) be amended by striking out the word " one " on line 25. Besolved, That the word " two " be inserted in'lieu thereof. Besolved, That subclause (7) as amended stand part of the clause. Besolved, That subclause (8) as printed stand part of the clause. Besolved, On the motion of Mr. Witty, That subclause (9) be amended by striking out the word " three " on line 33, with a view of inserting the word " six." Besolved, That the word " six " be inserted in lieu thereof. Besolved, That subclause (9) as amended stand part of the clause. Besolved, That subclause (10) as printed stand part of the clause. Besolved, That clause 55 as amended stand part of the Bill.

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Clause 56. —Moved by Mr. Eemington, That the clause be amended by adding the following ■words : " And for the purposes of this section the holder of a farm-homestead lease in perpetuity may acquire an additional area, whether contiguous or not, provided that the total area so held does not exceed six hundred and forty acres, and notwithstanding any restrictions of area contained in the special settlement regulations under which he first selected an allotment." After discussion, Mr. Eemington withdrew his motion, and it was resolved, That clause 56 as printed stand part of the Bill. Resolved, That clause 57 as printed stand part of the Bill. Clause 58.— Resolved, That subclause (1) as printed stand part of the clause. Resolved, That subclause (2) as printed stand part of the clause. Subclause 3.— Resolved, on the motion of Mr. Hall, That the subclause be amended by striking out the word " three " in line 10. Resolved, on the motion of Mr. Hall, That the word " six " be inserted in lieu thereof. Resolved, That the subclause as amended stand part of the clause. Resolved, That subclause 4 as printed stand part of the clause. Resolved, That clause 58 as amended stand part of the Bill. Resolved, That clause 59 as printed stand part of the Bill. Resolved, That clause 60 as printed stand part of the Bill. Resolved, That clause 61 as printed stand part of the Bill. Resolved, on the motion of the Hon. Mr. McNab, That clause 24 be amended by inserting the words " in such one of the forms " after the word " words " in line 32. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by inserting the words " to the effect that the applicant is legally qualified to acquire the land applied for. Such declaration shall be in such one of the forms " after the word " words " in line 33. Resolved, That clause 24 as amended stand part of the Bill. The meeting then adjourned.

Friday, 16th August, 1907. The Committee met at 10.30 a.m., pursuant to notice. Present: Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Ell, Hall, Lang, Lawry, Lewis, Macpherson, Eemington, Symes, and Witty. The minutes of the previous meeting were read and confirmed. Resolved, That clause 62 as printed stand part of the Bill. Clause 63.—Subclause (1), the question was proposed, That the subclause as printed stand part of the clause. The Committee divided, and the names were taken down as follow :— Ayes, 8. —Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Ell, Hall, Lawry, Macpherson, Symes, and Witty. Noes, 2.—Messrs. Lang and Lewis. So it was resolved in the affirmative, That the subclause as printed stand part of the clause. Subclause (2). —Mr. Hall proposed, and the question was put, That the words " thirty-three " in line 7 be struck out. The Committee divided, and the names were taken down as follow : — Ayes, s.—Messrs. Hall, Lang, Lawry, Lewis, and Macpherson. Noes, 5. —Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Ell, Symes, and Witty. The voting being equal, the Chairman gave his casting-vote with the Noes, and so it passed in the negative, and the words not struck out. Resolved, That subclauses (3) and (4) as printed stand part of the clause. Resolved, That clause 63 as printed stand part of the Bill. Resolved, That clause 64 as printed stand part of the Bill. Clause 65. —On the question being put, That the clause as printed stand part of the Bill, the Committee divided, and the names were taken as follow : — Ayes, 4. —Hon. Mr. McNab, Messrs. Ell, Lawry, and Lewis. Noes, 7.—Hon. Mr. Duncan, Messrs. Hall, Lang, Macpherson, Eemington, Symes, and Witty. So it passed in the negative, and the clause struck out. Clause 66. —On the question being put, That the clause as printed stand part of the Bill, the Committee divided, and the names were taken down as follow : — Ayes, 7. —Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Ell, Hall, Lawry, Eemington, and Witty. Noes, i.— Messrs. Lang, Lewis, Macpherson, and Symes. So it was resolved in the affirmative. Resolved, That clause 67 as printed stand part of the Bill. Resolved, That clause 68 be struck out. Clause-69. — Resolved, on the motion of the Hon. Mr. McNab, That the words "paragraph (2) of " in line 21 be struck out. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by striking out the words " such borough," and substituting therefor the words " any borough," on lines 22 and 23. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by inserting the words "having a population of not less than fifteen thousand inhabitants according to the latest census returns " after the word " words " on line 22. Resolved, That the clause as amended stand part of the Bill. Resolved, That clause 70 as printed stand part of the Bill. Resolved, That clause 71 as printed stand part of the Bill.

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Clause 72.- -Mr. Lewis proposed, That the clause be amended by striking out the words " or to one or more sections of a settlement." On the question being put, it was lost on the voices, and it was resolved, That the clause as printed stand part of the Bill. Resolved, That clause 73 as printed stand part of the Bill. Mr. Lang gave notice that he intended to move, That subclause (14), clause 19, be recommitted, with a view of striking out the subclause. Resolved, That the Bill as amended be reprinted and circulated to members of the Committee. The meeting then adjourned.

Wednesday, 21st August, 1907. The Committee met at 10.30 a.m., pursuant to notice. Present : Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell, W. Fraser, Hall, Hogan, Lang, Lawry, Lewis, Macpherson, Eemington, Symes, and Witty. The minutes of the previous meeting were read, and confirmed. Besolved, on the motion of the Hon. Mr. McNab, That clause 18 be recommitted. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by adding a new subclause: " (7.) The term of a renewable lease granted under the provisions of the last preceding subsection shall be calculated from the day on which the term of the surrendered lease commenced." Besolved, That the clause as amended stand part of the Bill. Clause 21.— Besolved, on the motion of Mr. Lewis, That the clause be recommitted. Mr. Lewis proposed, and the question was put, That the clause be amended by adding the following new subclause : " (/) Applicants under- this section shall be deferred to all other applicants, and shall as amongst themselves be dealt with in the manner prescribed by sections fortyeight, forty-nine, and fifty hereof in the case of other applicants." The Committee divided, and the names were taken down as follow :— Ayes, 10. —Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Ell, W. Fraser, Hall, Lang, Lewis, Macpherson, Symes, and Witty. Noes, 4. —Hon. Mr. Mills, Messrs. Hogan, Lawry, and Eemington. So it was resolved in the affirmative, and the new subclause added. Besolved, That the clause as amended stand part of the Bill. Clause 28.— Besolved, on the motion of the Hon. Mr. McNab, That the clause be recommitted. Besolved, That the clause be struck out. Besolved, on the motion of the Hon. Mr. McNab, That the following new clause be inserted: —■ " 28. Paragraph (2) of section one hundred and eleven of the principal Act is hereby repealed, and the following substituted therefor: ' (2.) May be let for any time not exceeding twenty-one years at a rent not less than five 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.' " Besolved, That the clause as amended stand pait of the Bill. Clause 39. — Besolved, That the clause be amended by striking out the word " with " on line 51. Besolved, That the clause be amended by inserting the word " in " in lieu thereof. Besolved, That the clause be amended by adding the following words to subclause (1) : "notwithstanding that the limit of compensation prescribed by that section may be thereby exceeded." Besolved, That the clause as amended stand part of the Bill. Clause 67.— Besolved, on the motion of the Hon. Mr. McNab, That the clause be amended by inserting the words " except the provisions of sections twenty and twenty-one hereof " after the words " renewable leases " on line 15. Besolved, That the clause as amended stand part of the Bill. Clause 47. — Besolved, on the motion of the Hon. Mr. McNab, That the clause be amended by striking out the word " works " after " fruit-preserving" on line 45. Besolved, That the clause be amended by inserting the words "factory" in lieu thereof. Besolved, That the clause as amended stand part of the Bill. Clause 19. —Mr. Lang proposed and the question was put, That the clause be recommitted. The Committee divided, and the names were taken down as follow :— Ayes, 8. —Messrs. W. Fraser, Hall, Lang, Lawry, Lewis, Macpherson, Eemington, and Symes. Noes, 6.—Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell, Hogan, and Witty. So it was resolved in the affirmative, and the clause recommitted. Mr. Witty proposed, and the question was put, That the clause be amended by striking out the words " under any Act " in line 30, subclause (1). The Committee divided, and the names were taken down as follow :— Ayes, B.—Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell, Hogan, Lawry, Eemington, and Witty. Noes, 6.—Messrs. Fraser, Hall, Lang, Lewis, Macpherson, and Symes. So it was resolved in the affirmative, and the words struck out. Mr. Eemington proposed, That subclause (1) be amended by inserting the words " an advance of fifty per centum on the original value named in the lease or license " after the words " lease at " on line 32. Mr. Lang proposed, That Mr, Eemington's amendment be amended by substituting the words " twenty-five per centum " for " fifty per centum."

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On the question being put, That the clause be amended by inserting the words " and advance of" after the words "lease at," the Committee divided, and the names were taken down as follows :— Ayes, 3.—Mr. Lang, Mr. Eemington, Mr. Symes. Noes, 11.—Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell,. W. Fraser, Hall, Hogan, La wry, Lewis, Macpherson, and Witty. So it passed in the negative, and the words were not inserted. Mr. Lang proposed, and the question being put, That subclause 14 be struck out, the Committee divided, and the names were taken down as follows :— Ayes, s. —Messrs. W. Fraser, Hall, Lang, Lewis, and Symes. Noes, 9.—Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. Ell, Hogan, Lawry, Macpherson, Remington, and Witty. So it passed in the negative, and the subclause not struck out. Resolved, That the clause as amended stand part of the Bill. Resolved, That the meeting stands adjourned until 10.30 a.m., Thursday, 22nd day of August, 1907.

Thursday, 22nd August, 1907. The Committee met at 10.30 a.m., pursuant to notice. Present: —Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Ell, W. Fraser, Hall, Hogan, Lang, Lawry, Lewis, Macpherson, Eemington, Symes, and Witty. The minutes of the previous meeting were read and confirmed. Resolved, On the motion of the Hon. Mr. McNab, That the following new clause 15a be inserted in the Bill :— " 15a. (1.) A renewable lease shall not confer upon the lessee any right to extract or remove any minerals from the land. "(2.) The term 'minerals' in this section includes all minerals, mineral oils, metals, clay, stone, or other valuable materials existing below the surface of the land. " (3.) The value of minerals shall not be taken into account in any determination of the value of the land for the purpose of fixing the rental thereof, either at the commencement of the lease or on any renewal thereof. " (4.) It shall be lawful for the Board, with the consent of the Minister, to grant to the owner of a renewable lease a license to extract or remove any minerals from the land in consideration of such royalties or other payments, and on such terms and conditions, as the Board and the Minister think fit: " Provided that nothing herein shall interfere with the operation of any enactment relating to mining in respect to the land subject to the lease. " (5.) Nothing herein shall be construed to prevent the owner of a renewable lease from using on the land subject to the lease any minerals for any agricultural, pastoral, household, or building 'purpose." Resolved, That clause 15a be amended by inserting the words " except gold, silver, and coal" after the word " minerals " in subclause (4). Resolved, That clause 15a as amended stand part of the Bill. Resolved, on the motion of the [Ton. Mr. McNab, That the following new clause be inserted in the Bill :— " 21a. A renewable lease shall be deemed to have been granted under Part 111 of the principal Act and to be subject to the provisions thereof as modified by this Act." The Hon. Mr. McNab proposed to insert the following new clause 21b in the Bill : — " 21b. Nothing in this Act shall affect the right of any person to obtain a lease in perpetuity in exchange for a license granted under section one hundred and fifty-two of the principal Act before the coming into operation of this Act." After discussion, it was resolved to postpone the clause for future consideration. Resolved, on the motion of the Hon. Mr. McNab, That that the following new clause 26a be inserted in the Bill: — " 26a. (1.) When, after the passing of this Act, the owner of a renewable lease or lease in perpetuity makes or proposes to make any improvements on the land subject to the lease, he shall be entitled on application to the Commissioner to have particulars of the nature of such improvements and of the state and condition of the land before the making of such improvements recorded by the Commissioner in such manner as is prescribed by regulations. " (2.) Every such record shall be permanently preserved by the Commissioner, and shall at all times be receivable as sufficient evidence of the facts therein recorded in all matters and proceedings touching the value of improvements made on the said land. " (3.) The Governor may from time to time, by Order in Council gazetted, make regulations for carrying into effect the provisions of this section, and providing for the payment by lessees of the costs and expenses incurred by the Commissioner in ascertaining the particulars so to be recorded by him." Resolved, That the clause be amended by striking out the words "or lease in perpetuity" on the second line of the clause. Resolved, That clause 26a as amended stand part of the Bill Resolved, on the motion of the Hon. Mr. McNab, That the following new clause 27a be inserted in the Bill: — " 27a. (1.) A lessee or licensee, or the sublessee of a lessee or licensee, shall not be entitled to assign or otherwise dispose of his interest in the land subject to the lease or license except by way of mortgage, or to sublet the land, unless in either case he has resided continuously thereon

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for a period not less than two years, and then only with the permission of the Board and the Minister: "Provided that where by reason of special and unforeseen circumstances an assignment, sublease, or other disposition becomes in the opinion of the Board and the Minister desirable, such disposition may be permitted although no such residence has taken place. " (2.) This section shall not apply so as to limit or affect the right of transfer or disposal vested in licensees of pastoral runs under Part VI of the principal Act. " (3.) This section is in substitution for paragraph (1) of section eighty-three of the principal Act, and that paragraph is hereby accordingly repealed." Resolved, on the motion of the Hon. Mr. McNab, That the following new clause 35a be inserted in the Bill. " 35a. Section one hundred and thirty-six of the principal Act is hereby amended by omitting the words ' Suveyor-General,' and substituting therefor the words ' Under-Secretary.' " Resolved, on the motion of the Hon. Mr. McNab, That the following new clause 40a be inserted in the Bill :— " 40a. (1.) The Board may, with the approval of the Minister, lease by auction, for growing, cutting, or removing flax, any area not exceeding two thousand acres, for a term nod exceeding fourteen years, at such upset yearly rental as may be determined by the Board. " (2.) On the expiration of the said lease a new lease may be granted to the former lessee, without auction, for a further term not exceeding fourteen years, at a rental to be determined by the Board not sooner than twelve months nor later than six months before the expiration of the first term. " (3.) This section shall apply both to land under the principal Act and to land under the Land for Settlements Consolidation Act, 1900. " (4.) The Governor may from time to time make such regulations as he deems necessary to give full effect to this section. " (5.) Section two hundred and twenty-eight of the principal Act and paragraph (8) of section three of the Land Act Amendment Act, 1893, are hereby repealed." Resolved, on the motion of the Hon. Mr. McNab, That the following new clause 43a be inserted in the Bill :— " 43a. Section one hundred and sixty-four of the principal Act is hereby amended by omitting all words after the word ' exceeding,' and substituting in lieu thereof the words ' five hundred acres in area.' " Resolved, That the clause be amended by striking out the figures " 43a." Resolved, That the clause be amended by inserting the figures " 37a" in lieu thereof. Resolved, That the clause as amended stand part of the Bill. Resolved, on the motion of the Hon. Mr. McNab, That the following new clause 61a be inserted in the Bill: — "61a. (1.) In order to aid in the establishment of the wood-pulp industry for paper-making, the Governor may from time to time set. apart land not suitable for close settlement or for leasing under the small-grazing-run system of a total area not exceeding fifty thousand acres. " (2.) The land so set apart may be disposed of by way of lease in such areas and on such terms and conditions as may be fixed by special regulations to be made under this section: " Provided that no person shall be granted a lease over a greater area than thirty thousand acres of such land, and no lease shall be for a longer term than twenty-one years or shall include any right of renewal. " (3.) The provisions of this Act relating to the limit of area that may be held by any applicant shall not apply to the granting of a lease hereunder. " (4.) The right to utilise the water-power of any stream on the land so disposed of, and the right to cut, fell, remove, or in any way utilise any timber growing thereon, may be provided for in the regulations to be issued under this section. "(5.) Any land set apart under this section, if situated within the boundaries of a mining district under the Mining Act, 1905, shall remain subject to the provisions of that Act." Resolved, On the motion of the Hon. Mr. McNab, That the following new clause 61b be inserted in the Bill :— " 61b. (1.) It shall be lawful for the Governor, whenever he deems it expedient in the public interest, to grant in fee-simple any area of Crown land which is subject to the provisions of the principal Act in exchange for the fee-simple of any other land which in his opinion is of approximately equal value, and on any such exchange to pay or receive by way of equality of exchange any sum not exceeding ten per centum of the estimated value of the Crown land so granted. " (2.) Any sum so payable by the Crown by way of equality of exchange shall be paid out of moneys to be appropriated by Parliament, and any sums so receivable by the Crown shall be paid to the Receiver of Land Revenue. " (3.) All land acquired by the Crown by any such exchange shall become Crown land and be subject to the provisions of the principal Act." Resolved, On the motion of the Hon. Mr. McNab, That the following new clause 64a be inserted in the Bill :— " 64a. (1.) It shall be lawful for the Governor on the recommendation of the Board, in acquiring land voluntarily under the provisions of the principal Act, to agree with the seller of the land that he shall-receive and accept as part of the consideration for the sale thereof a lease or license under Part 111, Part V, or Part VI of the Land Act, 1892, of or in respect of such area and for such term as the said Board thinks fit, not exceeding the maximum area or term prescribed by the said Act; and any such lease or license may be by way of extension of a lease or license which has not yet expired."

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" (2.) On any such agreement being entered into it shall be the duty of the Commissioner of Crown Lands, when so required by the Minister, to carry it into effect by executing a lease or license in accordance with the terms thereof." The Hon. Mr. McNab proposed, That the following new clause 65a be inserted in the Bill: — "65a. Before any land acquired under the principal Act is opened for public selection the Board may, with the approval of the Minister, grant a renewable lease of any allotment thereof without competition to any person who has been employed on such land by the late owner thereof for at least five years immediately preceding its acquisition at a rental to be determined by the Board, being not less than five pounds per centum per annum of the capital value of the land as fixed by the Minister in accordance with section fifty-one of the principal Act: "Provided that such person shall make the necessary declaration and otherwise comply with the conditions required to be performed by an applicant for Crown lands." It was proposed by Mr. Hall and the question was put, That the word " five " on the fifth line be struck out, with a. view of inserting the word " ten." The Committee divided, and the names were taken down as follow : — Ayes, I.—Mr. Hall. Noes, B.—Hon. Mr. Duncan, Hon. Mr. McNab, Messrs. Ell, W. Fraser, Hogan, Lewis, Macpherson, and Symes. So it passed in the negative, and the word not struck out. Resolved, That clause 65a stand part of the Bill. :..;■. Resolved, on the motion of the Hon. Mr. McNab, That the following new clause 74, Part 111, be inserted in the Bill: — "PART 111. "General. " 74. Paragraph (1) of section fourteen of the Cheviot Estate Disposition Act, 1893, is hereby repealed, and the following substituted in lieu thereof : — " ' (1.) Not sooner than two years and at least twelve months before the expiration of the lease by effluxion of time (unless the Governor decides that the whole or part of the land included therein is suitable for close settlement or subdivision), a new lease shall be offered to the existing lessee at a rental not less than five per centum on the total capital value of the land, less the value of improvements effected thereon, to be ascertained as provided in section one hundred and eighty-two of the Land Act, 1892. " ' (lα.) Such new lease shall be for the same term and. shall contain the same conditions as the expiring lease, but shall not be further renewed. " ' (Iβ.) If the land comprised in the lease shall be deemed suitable for close settlement or subdivision as aforesaid, or if the lessee does not elect to accept a renewal as above mentioned, or fails to execute a lease within thirty days after the same is tendered to him for that purpose, or in case of the expiry or determination of the lease by surrender ' . or forfeiture, the lessee shall not have any right of renewal, but shall be entitled to full valuation for improvements of a substantial character effected on the land as hereinafter provided, and the land shall revert to the Crown and be available for disposal as provided by this Act.' " Resolved, On the motion of the Hon. Mr. McNab that the following new clause 75 be inserted in the Bill :— - " 75. (1.) In the case of any lease of any education reserve or endowment or of any part thereof granted either before or after the passing of this Act by the School Commissioners in whom such reserve or endowment is vested by virtue of the Education Reserves Act, 1877, no transfer, sublease, or mortgage of any such lease shall be valid until and unless the written consent thereto of the said Commissioners has been obtained. "(2.) Nothing in this section shall apply to any transfer, sublease, or mortgage made or granted, or agreed to be made or granted, before the passing of this Act, or to any transfer executed by a mortgagee by virtue of a mortgage granted or agreed to be granted before the passing of this Act." The Hon. Mr. Duncan proposed, and the question was put, that the following new clause be inserted in the Bill: — " A. (1.) The Board may from time to time, subject to the approval of the Minister, set apart areas of rural land and declare the same available for selection and occupation without payment, but subject to the conditions as to cultivation and residence hereinafter set forth. " (2.) The Board shall give public notice of all areas of land so set apart. " (3.) With respect to all such areas of land the following conditions shall apply : — " (a.) The area allowed to be selected by each person of the age of eighteen years and upwards shall not exceed two hundred acres, and for persons under eighteen years of age fifty acres: Provided that the total quantity to be selected by any one family or number of persons forming one household shall not exceed five hundred acres. " (b.) Residence on the land selected shall be compulsory, and shall commence in the case of bush lands within one year and in the case of open lands within six months after the application has been approved by the Board, and thereafter such residence shall be continuous for a period of seven years. ■" (c.) Within eighteen months after such approval by the Board the selector shall erect on his selection a permanent dwellinghouse of wood or other materials in conformity with any regulations made under this Act. " (d.) In each year there shall be brought under cultivation one-fourteenth of the area of each selection if open land and one-twenty-eighth if bush land, so that at the end of the term of seven years one half of the selection if open land and one-fourth if bush land shall be under cultivation.

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" (4.) Non-performance of any of the foregoing conditions shall render the selection void, and the right of the selector therein and to all improvements thereon shall be forfeited, and the land may be again declared available for selection and occupation under this section. " (5.) Selectors under this section shall be required to deposit the necessary cost of survey : " Provided that on the recommendation of the Land Board the Minister may advance the cost of such survey, and in such case the selector shall pay the same, together with interest thereon at the rate of five per centum per annum, by ten equal half-yearly instalments commencing at the expiration of two years from the approval by the Board of his selection. " (6.) If the conditions mentioned in subsection three hereof and the provisions of the last preceding subsection are duly observed, a grant shall at the expiration of the said period of seven years be issued for the land selected. " (7.) All the provisions of the principal Act relating to applications and the manner of dealing with the same by the Land Board shall, mutatis mutandis, apply to applications under this section." The Committee divided, and the names were taken down as follow: — Ayes, 7. —Hon. Mr. Duncan, Messrs. W. Eraser, Lang, Lewis, Macpherson, Symes, and Witty. Noes, 4.—Hon. Mr. McNab, Messrs. Ell, Hall, Hogan. So it was resolved in the affirmative, and the clause inserted. The meeting then adjourned.

Friday, 23rd August, 1907. The Committee met at 10.30 a.m., pursuant to notice. Present: Hon. Mr. Duncan, Hon. Mr. McNab, Hon. Mr. Mills, Messrs. W. Fraser, Greenslade, Hall, Hogan, Lang, Lawry, Lewis, Macpherson, Symes, and Witty. The minutes of the previous meeting were read and confirmed. Clause 66.— Resolved, on the motion of the Hon. Mr. McNab, That the clause be recommitted. Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by striking out the words " two pounds ten shillings per centum of such value " in subsection {a). Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by inserting the following words in lieu thereof: " ten pounds per centum in respect of fifty thousand pounds, and of five pounds per centum in respect of the residue of the said value." Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by striking out subclause (b). Resolved, on the motion of the Hon. Mr. McNab, That the clause be amended by striking out the words " twenty-five," on line 48, subsection (c). Resolved, That the clause be amended by inserting the word " fifty " in lieu thereof. On the question being put, That the clause as amended stand part of the Bill, the Committee divided, and the names were taken down as follows :— Ayes, 9. —Hon. Mr. Duncan, Hon. Mr. NcNab, Hon. Mr. Mills, Messrs. Greenslade, Hall, Hogan, Lawry, Macpherson, Witty. Noes, 4.—Messrs. W. Fraser, Lang, Lewis, Symes. So it was, resolved in the affirmative. Resolved, on the motion of the Hon. Mr. McNab, That the Bill as amended be reported to the House. The Committee then adjourned.

Authority : John Mackay, Government Printer, Wellington.—l9o7.

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