WASTE LANDS' BILL.

Lyttelton Times, Volume IV, Issue 215, 22 November 1854, Page 2

WASTE LANDS' BILL.

The following was the first Waste Lands' Bill introduced by the Fitz Gerald Ministry as amended. This bill passed through Committee, and was ordered to be read a third time when the prorogation occurred. Be it enacted by the General Assembly of New Zealand ; 1. Subject to the provisions of the said recited Act, from and after the passing- of this Act, it shall be lawful for the Governor of New Zealand for (he time being, with the advice of his Executive Council from time to time, to make and issue within the Colony of New Zealand, and from time to time to alter, amend, and reissue terms of purchase and pasturage and regulations for the sale, letting, disposal, and occupation of such Waste Lands of the Crown within such colony, and in the name and on behalf of Her Majesty, according to such terms of purchase and pasturage and regulations to sell, let, or otherwise dispose thereof, and under the Public Seal of the Colony, to make, and execute grants, leases, and licenses thereof. Provided nevertheless that such terms of purchase and pasturage and regulations within each of the Provinces of the said Colony, and every alteration, amendment, and re-issue shall be from time to time approved of by the Superintendent of such Province, and shall be agreed to by a Resolution of the Provincial Council of such Province. 2. Provided also that it shall not be lawful for the said Governor to make or issue any terms ofpurchase and pasturage and regulations whereby any such land shall be made subject to be sold or disposed of gratuitously, or for any less consideration than the sum of ss. per acre, to be paid-in full on or previous to the completion of such sale or disposition, except in the case of leases or licenses, of land to be occupied for purposes of pasturage only, for terms not exceeding fourteen years, and except in the case of licenses to cut timber and bush for any terra not exceeding one year. Provided also that it shall not be lawful for any terms of purchase, pasturage, or regulation to be made or issued by which any such lands shall be sold or disposed of at any less price than 10s. an acre, except by way of public auction in blocks not exceeding 320 acres in any one block. 3. Provided also that it shall not be lawful in any such terms of purchase or pasturage,, or regulations, to include any stipulation or agreement to the effect that any part of the proceeds of the Waste Lands included therein shall be appropriated to any specific purpose whatsoever. 4. It shall be lawful for the Governor of the said colony, with the advice of his Executive Council, to grant and dispose of, by way of'free grant, absolute sale, or lease, any lands reclaimed or which may be reclaimed, from the sea, and the bed and soil of any harbour, arms, or creeks of the sea, or of navigable rivers below high water mark, within the said colony, in such manner and upon such terms as shall be-thought fit. Provided always that every such grant or disposition within any Province of the said colony shall be approved of by the Superintendent of such Province, and agreed to by a resolution of the Provincial Council of such Province to be signified as aforesaid. 5. It shall further be lawful for the said Governor, with the advice of his Executive Council to make regulations for the licensing of persons to dig, take, and carry away minerals upon, or from, any lands of the Crown, within the said colony, upon such terms as shall be thought n't, and to make and issue licenses accordingly. Provided that no such license shall be issued for any longer period than twenty-four years. Provided further, that all such regulations other than regulations ielating to Minerals of Gold, Silver, and Platinum within any Province shall be approved of by the Superintendent and agreed to by a resolution of the Provincial Council of such Province, to be signified as aforesaid. 6 Notwithstanding anything herein contained it shall be lawful for the Governor of the said colony, with the advice of his Executive Council, to reserve any lands within the said colony and to set apart or appropriate the same for purposes of public utility, or for the benefit of the Aboriginal Inhabitants of New Zealand 7. Notwithstanding anything herein contained Officers of Her Majesty's Military and Naval semces and of the Military services of the Honorable the East India Company, proposing to settle witbm any Province of the said colony, shall be entitled to the same privileges in res'

pcct to the acquisition of land,.as those to which they would be in titled to in any other oi Her Majesty's Colonies, under the regulations in that behalf, issued under the authority of the Coniinander-in-Chief, and dated the 27th July 1853. Provided that an actual residence of five years must be proved before any title to the last mentioned privileges shall be acquired, except in cases in which death may have occurred^ before the expiration of that period. Provided also, that no person shall be entitled, in respect of the last mentioned privileges, to receive a grant of more than one acre of land in respect of every pouud sterling of remission money to which such person may be entitled under the regulations aforesaid. ' Provided also that each and every portion of land so to be granted shall be country or rural land and in one block. 8. All terms of purchase and pasturage, and regulations 'issued under the authority of this Act shall come into force within any Province upon a day to be fixed by the Superintendent of such Frovince, not being less than twenty clear days after the publication of such Proclamation in the Gazette of such Province: and all such terms of purchase and pasturage, and regulations, shall be laid before the General Assembly as soon as conveniently can be after the same shall have been made and issued. 9. Nothing herein contained shall prejudice or affect the equitable rights of persons under valid contracts subsisting at the time of the passing of this Act. 10. All land orders issued under the authority of Her |Majesty's Colonial Land and Emigration Commissioners, or by the New Zealand Company, or the Canterbury -Association, for founding a settlement in New Zealand, remaining unsatisfied, and all Government scrip issued or which may hereafter be issued, under the authority of the New Zealand Company's Land Claimants' Ordinance, Session 11, No. 15, remaining unsatisfied, shall be deemed to be valid and subsisting contracts, and shall be satisfied according to the tenor of such laud orders and scrip respectively. 11. All regulations for the sale, letting, and disposal of the Waste Lands of the Crown in operation within any Province, or any part of any Province at the* time of the passing of this Act, shall continue in force and operation, and shall be deemed and taken to be valid and effectual in the law, arid to have been valid and effectual, from the respective dates (at which such regulations shall have been put in force, and shall not be altered until altered according to the provisions of this act. 12. It shall be lawful for the Governor of the said colony, with the advice of his Executive Council, from time to time, to constitute such offices for the management and administration of the Waste Lands of the Crown within the said colony and the respective Provinces thereof, (including the surveys of such lands) and from time to time to establish such regulations for the management thereof, and to appoint such officers, surveyors, clerks, and servants, for carrying on the business of such offices, with such fees, salaries, stipends, and emoluments as shall be thought fit, and from time to time to make such changes and variations therein, as shall be thought fit. 13. It shall be lawful for the Governor of the colony for the time being, with the advice of his Executive Council, by commission under the public seal of the colony at any time, and from time to time, to delegate to the respective Superintendents for the time being of the respective Provinces of the said colony, or any of them, the power by this Act vested in such Governor, in the name and on the behalf of Her Majesty, of making and executing grants, leases, and licenses of the Waste Lands of the Crown within their respective Provinces, to persons who may become purchasers, lessees, or licensees under the provisions of this Act,|or under any regulations hereby continued in force and operation ; and also to make and execute grants, leases, and licenses within their respective Provinces to all persons entitled to the same, under valid or subsisting-contracts, saved by the provisions of this Act. And also the power of constituting offices for the management and administration of such Waste Lands., and of establishing regulations,, and of appointing officers, surveyor?, clerks, and servauts, with such fees, salaries, stipends, and emoluments as aforesaid, and «> make such changes and variations as aforesaid--14. Every such commission shall be directed to the Superintendent for the time being of the Province to which the same shall relate, ami shall continue and be in force notwithstanding

any change in the person of the Governor, or of such Superintendent, and shall be revocable at any time by the Governor for the time being, with the advice of his Executive Council, by an Vnstrument under the Public Seal of the colony. 15. iMI the powers to be so delegated to tlie said Superintendent shall be exercised under and according to instructions which may from time to time be issued by the said Governor under his hand, with the advice of his Executive Council, which instructions the said Superintendents respectively shall be bound to obey. 16. All Commissions, Instruments of Revocation, and Instructions from time to time issued under the authority of this Act, shall be published in the Government Gazette of the colony, and also in the Gazettes of the respective Provinces to which the same shall respectively relate, and shall have no force or effect until after the publication thereof respectively. 17. Every Grant, Lease and License to be executed by the Superintendent of any Province under the provisions of this Act, shall be sealed with the Seal of such Province. 18. Every Grant, Lease and License executed according to the provisions of this act, shall be deemed and taken to be good, valid and effectual as against Her Majesty, Her Heirs, and Successors, and as if the same had been a valid Grant, Lease, or License by the Crown. 19. Every such Grant, Lease, or License shall, for the purpose of Registration, be deemed or taken to be a Grant, Lease or License from the Crown. 20. All the accounts of Receipts and Disbursements on account of the Land Revenue of the colony shall be audited by the Auditor-Ge-neral, and such accounts, so far as they may relate to each Province, shall be from time to time laid before the Provincial Council of such Province as soon as conveniently can be. 21. The term Governor in this Act shall include the Officer for the time being administering the Government of New Zealand. 22. This Act shall be entitled "The Public Lands' Act. 1854," and may be cited and referred to by such title.

The following'amendments on the above bill were proposed by Mr. E. G. Waken" eld, and were rejected by a majority of 22 to 10. In clause 1, after the word " thereof,1' at the end of the 11th line, insert the following words: 1. Provided always that a certain portion of all such Waste Lands shall be set apart as " working settlers' land," and such terms of purchase so to be made and issued as aforesaid, shall be subject- to the provisions hereinafter made in respect of " working settlers' land. 1' In the 20th line of clause 1, as printed, between the words "full" and "on," insert the words, " except as hereinafter provided," After the first clause, as printed in bill, to insert the following:— 1. The land so to be set apart as " working settlers' land" as aforesaid,shall be at least onethird part of the said Waste Lands in the Province, and shall he of average quality with regard both to natural fertility, and to position as respects the vicinity'of wood, water, roads, and other facilities-of coinmunicai ion with markets, and with other parts of the Province, and in blocks not exceeding 5,000 acres in extent ; and such land shall {be disposed of exclusively to persons of the class of bonafide working settlers on land in lots of any size not exceeding 200 acres,, to any one person, at the lowest price either upset or fixed which shall be required in the Province at the time. 2. The right of any applicant to purchase land as a bond fide working settler upon land, shall be determined by the Waste Land Board hereinafter mentioned, after hearing such evidence (including that of the applicant) as shall be produced in support thereof or opposition thereto ; and such evidence shall he reduced to writing, and preserved as part of the records of the proceedings of the said Board. 3. Every applicant who shall be determined by the said Board to be entitled to purchase land as such working settler, shall be permitted to delay paying, the purchase money for the same for any term not exceeding 5 years, provided that 'interest in the meantime shall be paid on the purchase money alter the rate of 5 per cent, per annum. The Crown grant shall be made and issued on payment of the purchase money, after a ban ft, fulo, occupation by tho applicant, or his family or representative in case pt death, of at least five years. 4. All other necessary and proper regulations

for carrying out the object of these provisions in r°speci of • working settlers' land,' and especially to secure the bon& fide occupation and cultivation of the land, shall be made by the Governor in the terms of purchase so to be made and issued by him, and approved by the Superintendent and Provincial Council as aforesaid. In the first line of clause 2, as printed, between the words ( pasturage ' aud 'shall' insert the words 'and regulations as aforesaid.1 After clause 5, as printed in Bill, to insert— J. There shall be established in every Province a Board, to he called the Waste Land Board to consist of a Chairman of the said Board and of at least two other persons to be nominated by the Governor. 2. All applications for the sale, letting, disposal, and occupation of waste lands of the Crown shall be preferred to the said board, who shall hear and determine the same, and all questions relating or incident thereto, and the decisions of the said Board on all such matters shall be final and conclusive. All meetings of the said Board shall be open to the public, and reasonable public notice shall be given of all business to be transacted thereat. The said Board shall keep a record of their proceedings, in which shall be entered in writing a full and particular account of all business transacted by them, together with a reference to every letter, report, or communication received, or written order given by the said Board, and also minutes of personal interviews, and a minute of the opinion of the members of the said Board, in case they should differ in opinion ; all which, shall be open to inspection by any person on payment of a fee of 2s. 6d. for each inspection. 3. All evidence given before any Waste Land Board may be given on oath, which oath it shall be lawful for the Chairman of the said Board to administer ; and any person wilfully and corruptly giving false evidence before any such Board shall be guilty of perjury, and shall be punished accordingly ; and any person wilfully refusing to attend any such Board, in obedience to any summons signed by the Chairman thereof, or to give evidence when in attendance, shall be guilty of a misdemeanour. In the 2nd line in clause 6 as printed, between the words ' such' and ' offices,' insert the. words 'other necessary.'