THE LAND BILL.

Dominion, Volume 3, Issue 672, 24 November 1909, Page 8

THE LAND BILL.

A CURIOUS,MIXTURE. /WHAT THE FREEHOLD MEANS. The Land Bill, was circulated last night. It lengthy measure, of 51 clauses, but. its main^ provisions have'already appeared in the Financial Statement. Except as provided by the Bill, ordinary Crown land shall be disposed of on'• tho optional. system... •.. ■ '

The: first restriction upon the right of holders of leases in perpetuity or of renewable leases to acquire thq freehold appears in Clause 5, where it is • provided that the lessee of any encumbered lease shall not have the right of purchase "unless the person entitled to such encumbrance, lien or interest agrees in writing that the hereinafter-mentioned purchase-chargo and recurring-charges in favour of. the Crown shall havo priority over the same."- The lessee who desires,to purchase his holding must observe several formalities. '

So far-as tho lands hold under lease in' perpetuity or- renewable lease are concerned the purchase price shall be the original value. In thß'case of renewable leases, the lessee will be required to pay the value of any minerals in his holding ,in addition to the original value.- ,;..-.

; The purchase price shall be paid wholly. in cash, or one-fourth, in cash, or in half-yearly instalments,' for 33 years, of £2 Us. 10d.,per .£IOO of unpaid purchase money. The unpaid instalments shall, until paid, .be "a first and paramount charge on the land." pn completion of the. bargain a title will'be issued subject to ' the conditions and restrictions'.of the Land- Act relating to ■ oharges and nonaggregation. The lease shall then determine. The Increment Charges, i

. In Clause 11 appears, in a/parenthesis, the first sign of a queer argumentative and free : arid-easy tone in several parts of the: Bill. It reads: "In order that the Crown (which is at present entitled in reversion to the whole value) may receive a reasonable, proportion of the increase in the unimproved value of the land purchased," certain provisions shall ■apply. . . •'--..■■■ ; Briefly, the effect of these provisions 'is as follows:—.'_..-'-TV ■'-'■•. ;\ r ■■', ;

(1) In .'the'case of, lease-in-perpetuity land, Jhere will be made h\o successive valuations at intervals 'of thirty-three years. At each valuation, the Crown will claim 1 , one-tenth >oi any increase in value, over the preceding valuation. .This will bo payable in half-yearly instalments, and ■ will be a: charge on the land in favour of the Crown, and,shall have priority over al lother encumbrances, liens, and interests whatsoever affecting the land. .-' , : (2) In the case" of'renewable-lease, land, the periodical valuations.will continue for all time. The. proportion, of, increment to be taken by the Crown will bo 20 per cent, in the case of land that is not settlement land, and 40 per •cent, in the'ease of settlement: land. ■ Straight-out' Freeholds. '_ -Clause 12 provides that: any holder of an existing lease-in-perpetuity may 'acquire the freehold by paying a sum' midway between " the "original value" and the; "present value." But he must exercise his power of purchase ; within two years after, the,'passing of the Bill. ■'•,■• Where settlement, land may bo'disposed of by; way 'of renewable loaso, it inay; also be disposed of by sale.. The purchase price shall be the capita] value of the land (including ■ (buildings and improvements) /as fixed by the ■Minister.'..'"■'.■•.•:..■."' : .VV-" .'■■ '■•'

; , In • tho case of. lands within a mining • district,, the Minister' for Lands and the Minister for Mines be. the' final arbiters.". They: will have .unrestricted: power in refusing or allowing-applications for purchase, . and they will be abje/to impose 'any, conditions they ohoose. Anybody can object- to: any application,, ,andr the: applicant : must pay any costs allowed.by the ward ; to any objector.' '."'■.' ■ ■ Generally. :■;;the • . referred .to' above' shall bo ascertained'by arbitration.- -:.,,'•' • : A. singular, and not• very.. dear 'proviso'.'■ to Clause 48' roads: '"Provided that in respect'of tho v recnrring-ckarge the remedy shall be against; tho land, arid no personal liability shall attach ! to, the owner."'.. ,--An' important, clause; is ' Clause 21,,' which takes'away the.right given in 1907 to' holders of renewable leases or leases' in perpetuity to' payoff 90.per cent.of the capital value. ' ■ ..' ./".: Disposal of Revenue. ,: ; v / All moneys received ! :in respect of tho sale of settlement land <- is ', to ■go into: the' Lands for Settlement: .iccoun-t.--: Generally, •• all: other! moneys received,for the sale of Crown lands .under! the.F-.Act'.iwillogo.-into'' a 1 National DeJ' veldpment Account,'.to bo "applied 'in the.de'.' velopment of the country by ■ roads, - bridges,' telegraphs, telephones, and 'railways.;'■'- '■■■'■'.' :The'Act"pM9o7. provided-that ;no lessee:conld acquire (land','uhaor: tho Act if it "would make his-'total/'holding "more than 666 }."acres of first-lass, land.. The,new. Bill cuts that;figure down- to, 400' acres. * The permissible area of .thii&olass land is. cnt; down from 5000 to' 2500 dcree;'-''■ :: '-■::..'.:-'. ,:"■■:'.;, . ..v. v.■:•/'' A Crime!•'■:'.". u..'"-[\ \ Sub-section .3 of Clause 261 is ■, startling. '.'-. It provides.thati; ■ .'. '■ --,•■ •-..'.•:''■.■•'>■ • /.'■■■ i -.' If any person acquires any interest in any / land m.breach ofthe afoiisaid section Ml ' as amended by this section, then, irrespec- ' -. tive. of the; proceedings aridT.:, penalties to which, he.'is.liable under Sections.343 and - '344 of the.'Land A«tj he shall.be guilty of a .'■ crime, .punishable "nn indictment by a fine '. : not exceeding in.'-the-.case :bf a corporate , body one thousand pounds, . and in any other,,case five hundred pounds, or.impri-, spnment:for any/term : not' exceeding ■ two '■■ ,■ -years. -■ ''/..■:.■. •'■- ..-.-.. .■•■-,. ,-

i :.-- ■'.''■•'■.■■ Miscellaneous.. iV:.;;: ::. The (Minister is power to' purchase 2,000,000, acres, of Native, land,;.whother land vested in -incorporated owners, or in Maori Land 'Boards, :ori Native townships. Where no agreement as. to' purchase can be comeUo, the' lurid may be taken compnlsorily. The .annual expenditure' in .such: purchases: is limited. to v ;Ssoo,ooo,'ahd the land shall be deemed to bo ' settlement land..;. ' '•'. ■■■.■'.* :'■ ' ; Clause 33 reserves the '.national- endowment land, which will not-be sold. Of the-revenue from such• land, one-fifth' shall be used for ■ the ■ benefit' of. ; university. education. ..' ■'•.■ . No person under the age of twenty-one years shall be qualified to become" a selector or to acquire, land under the Land Acts. : -;...- .'■' In no case.Bhall any, rebate.of rent be granted to a Crown .tenant under the Land Act, or to a.lessee under the' Land for Settlements Act/ unless the, commissioner and the -receiver are 'satisfied that the" tenant' 1 or lessee, as the case may be, has atleast * four, children, under the age of sixteen years.. : ..'.,■. :V , ' : The above, are the most important provisions! of; the''BUl,':,which'..deals also- with; l grazing runs aid (pastoral leases. ■ .;! ■' '■-'.