C—No. 1

21

PAPERS RELATIVE TO THE

Mr. Domett, before taking his seat, said: —Before commencing the inquiiw' into tho sale of the Wangapeka lands lately made by tho Commissioner of Crown Lands, I think it advisable to make a few remarks on the objects and limits of the inquiry, and the course I propose to pursue in making it. In the first place, it should bo distinctly understood that it is simply an inquiry; that I have no power whatever to declare what is the law, which is tho business of the Supremo Court; nor to enforce the law when authoritatively declared, which is the business of the Executive Government and the officers duly appointed for that purpose; still less to make or alter the law should it appear or be found to be defective, which is tho business of the Legislature alone. My business is simply to inquire into a certain sale or certain sales of land, and report my opinion upon them to tho Government. This being understood, what I propose to do is this: I propose to examine, on oath, every one whose evidence may appear essential or in any way conducive to the throwing light upon the subject; whether upon the circumstances attending .the application and sale of the land, the position of the land itself, or the provisions of tho law which affect it. I propose to examine any one whom, the Provincial Government, or its officers, or the purchasers, on the one hand —or, on tho other, those who object to the sale of tho land —may desire to have examined; and I am glad to understand that it has been arranged that professional gentlemen, one to watch the proceedings for tho Provincial Government, and oue on tho part of the miners or others who claim an interest in the lands, are to attend the investigation. I propose that these gentlemen shall be allowed to cross-examine any witnesses whose evidence they may consider opposed or having a tendency to oppose their views. 1 think that in this way it will bo made apparent that the only object of the Colonial Government, at whose request I have undertaken this inquiry, is to throw the utmost light possible on the whole transaction; to screen no one, whoever he may be, who has in tho slightest degree swerved from the strict line of his duty as prescribed by the law in the matter (should any one have done so, which I am far from asserting) ; and, lastly, to discover if possible what tho law on tho subject precisely is, by which all of us are bound to be guided, and which we arc all of us bound to obey. The first point of inquiry, as I have already hinted, will be —What were tho circumstances attending the actual application for, and sale of, these lands ? I propose to take the evidence on this point of the Commissioner of Crown Lands, and of any of the officials under his superintendence; and of some of tho purchasers, especially of those holding offices under Government, who may appear to be best acquainted with what actually took place. This will, I trust, elicit such information as will effectually determine one way or the other tho truth or falsehood of the allegations, or rumours, or imputations, or whatever they may be called, of any abuse by any of those gentlemen of the information, confidential or otherwise, their official position may have put them in jiosscssion of. I havo just as much to learn myself as to tho facts on these points as any person hero present. The facts of the withdrawal, or rather non-withdrawal, of these lands from sale, I propose to derive from the members of the Waste Lands Board themselves, or such of them as it may seem necessary to examine. I allude now only to the mere facts (not the law) of the case. The second point of tho inquiry will be still more important —namely, Whether the sale was legal or not ? In order to arrive at an opinion upon this point, I think it will be sufficient to consider two preliminary questions, the answer to either of which would determine the point. 1. Was the land sold within the boundaries of any proclaimed gold field ? In which case, as most of you are probably aware, the land, by the Gold Pields Acts in force in the Colony, is made exempt from the operation of the land laws, and consequently could not be sold. Now in this inquiry it will be necessary carefully to examine the various maps which lay down (and unfortunately lay down diversely) the topographical points on which the boundaries of the gold fields depend; to distinguish accurately between such as are authoritative maps and plans and such as have no pretension to that character; to take the testimony of some, at least, of the surveyors or officials acquainted with the circumstances under which these maps were severally constructed; as well as of those of the Executive officers of tho Province connected with or cognizant of the drawing up of the Proclamations declaring these boundaries, whoso evidence is procurable. This part of the inquiry I propose to go. into in the fullest manner possible; and though, from what I have already learnt of tho matter, I anticipate a rather peculiar state of circumstances will transpire, still I entertain a confident hope that some certainty of decision may be ultimately arrived at. 2. The alternative question, which I alluded to as necessary to be considered in forming an opinion as to the legality of the sales, is a more complex and difficult one —viz., If the land be not. within tho gold fields, was there any such obligation on the part of the Commissioner of Crown Lands or of tho Waste Lands Board to withdraw it from sale as would make the sale of it illegal ? And here I think we must ask, and as far as possible decide, firstly, Is the power of withdrawal discretionary on tho part of the Waste Lands Board ? and secondly, Has tho Commissioner of Crown Lands preliminary power of refusing to sell until the decision of the Waste Lands Board be formally made ? In this part of the inquiry, I hopo to hear the arguments pro and eon. fully stated and fairly weighed; in the course of which an opportunity will be given, and, I trust, will be accepted by tho members of the Waste Lands Board, His Honor the Superintendent, and the Commissioner of Ciwvn Lands at all events, to communicate their views of what the land laws require of them with the utmost candour and completeness, and to support those views, as they are well able, by arguments which, whether satisfactory and convincing or not, will I am sure be worthy of attentive consideration. Lastly: When all this is done (although lam not quite clear that it absolutely falls within the lino of my present duty to go into this part of the subject), I shall still bo willing, on the supposition that the result of the inquiry should seem to point to the probability that the sales have been, regularly made, to hear from any one desirous of making it, provided it be made temperately and reasonably and within moderate limits, a statement of his views both of the injury or wrong done to him by the existing state of the law, or by the administration of it in the present instance; and, always on the same conditions, of his views of the way in which it should be amended. But on the