RAILWAY EXTENSION RECLAMATION.

Auckland Star, Volume X, Issue 2834, 28 May 1879, Page 3

RAILWAY EXTENSION RECLAMATION.

MR WHITAKEP'S OPINION,

A srECIAi- meeting of the Harbour Board was convened for noon to-day for the purpose of considering matters in relation to the railway extension reclamation.

The following members were present : Messrs I. H. McKcnzie (Chairman), Firth, Colenia-, Boylan, Cosgrave, S'oue, Mas.' field, Comptou, Daldy, Goldie, Brown, aud Buchanan.

The Secretary read Mr Whitaker's opit.iou on the subject of the railway extension reclamation, which is appended.; The Auckland Harbour Board has by grant from the Crown io tho Superintendent, and a conveyance from the Superintendent, under the powers vested in that behalf, land conveyed to the Boa.d. In the early part of the year IS7S, and prior to November 187S, negotiations were entered into between the General Government and the Board for the occupation by aud cession to the Government for a railway station, pf laud comprised in the grant between Queenstreet wharf aud the present railway station. 'Hie Government do not now appear willing to carry out the arrangement contemplated by complying with the terms of the conditions, upon which the Board agreed tocede the land to the Government, but have entered upon the land, and are now carrying on the work, and the Board fear they may be injured. The Board now wishes to be advised if the Government have power to ignore the • rights of the Board under the grant and , conveyance. Can the Government take the land withoutreferencetothcßoard,and jfso, what remedy has the Board if the Government fail to comply with the conditions upon which the Board, in the first instance, agreed to convey the land to the Government. Opinion:-—lt appears to nic that both the Harbour Board and the Government have been actiug under a misapprehension of their liabilities aud powers. "The Auckland Harbour Act, 1874," makes the debentures issued under it a first charge on land, which includes the land proposed to be given up to the Government, and it is provided that it shall not be lawful for the Harbour Board to dispose of by way of sale or otherwise, any of the lands held in security, except by way of lease at a rent. (See sections 18 and 19.) I am referred to section 141 and live following sections of the " Harbour Act, 1878," as authorising the Government to resume any laud they require. Now, the Act of 1878 does not expressly repeal the Act of 1874, and I am of opinion that the clauses referred to in that Act are not repealed by implication, and that the sections referred to of the Act of 1878 do not empower the Government to take lartd held in security for payment of money borrowed under the Act of 1874.- FfiED. WHITAKEE. May 29th, 1879. '~.., ggMr Boylan said the time for this meeting was inopportune, jaud it should be adjourned to give them time to consider Mr "Whitaker's opinion. They did not really know yet what the document contained. He referred to various matters in connection with the railway extension, and said that now the Government had been induced to begin the work, they should not interfere. He thought they should, let the matter "slide" until after the work hadbeen completed. Mr Goldie expressed himself in favour of referring the opinion to the Works Committee, for their report. The Chairman said to let the matter rest until the work was done would be most unbusinesslike. Mr Cosgrave spoke in favonp. of an adjournment until Friday next. 'Z ... Mr Masefield thought the matter should not be adjourned further, and said they should not delay any longer the completion of the agieement made with Messrs Conyerß and Lawson. Mr Daldy moved, That a reply be sent to the' Minister of Public Works, drawing his attention to Mr Whitaker's opinion, presented to the Board, and request that steps be taken hf the Governiiifeht; if necessary, to legalize the arrangements entered into between the Board and''the Government; also request, that an agreement, in conformity with the arrangements entered into with Messrs Lawson and Conyers, be drawn «p, and sent to this Board for their consideration and approval, that they may do their duty iv protecting the interests of their debenture-holders, las ■expressed in their letter of OCtobe* 9th, 1878; 'at the same time assuring 'ihe Government that tho Harbour Board desire to co-operate with the Government in carrying out the proposed improvements. Y'V'f Mr Masefield seconded this resolution. j Mr Boylan said the meeting was not in order. The Act prov.d3d that special meetings should be • ca.j.-d-. for special purposes only, but the present japetlßg wits convened for the consideration.of eetternj. matters iv reference to the Reclamation, Besides this, he had not had sufficient notice of the various matters to be laid tbefore the meeting. - _yir Buchanan supported an adjournment. Mr .Boylan moved ; "That this matter be considered -it the ordinary meeting of ,the Board on Tuesday next, after the customary business." Mr Daldy assented to his resolution being j made a notice of motion for the next meetMr Firth said he would bje sorry to see any action taken by the Board whjfih Would imperil tho completion of the reclamation. If the Government could not do an illegal i action when commencing the work, they could not do it after the contract was completed. The work would not damage the property of debenture holders, as had ,been stated by Mr Daldy, but would considerably , enhance its value. They had succeeded after considerable trouble, in getting the Government to proceed with the extepaion, and they should not do anything Which would disturb the progress of the work. He trusted the Board would not otter any injudicious interference in the great work the Government had undertaken, ,„,_ The Chairman strongly objected to the Board "letting the matter slide," as had been suggested by members. ' The motion for adjournment was then put and carried, and the meeting terminated.