WASTE LAND BOARD.

Daily Southern Cross, Volume XII, Issue 834, 26 June 1855, Page 3

WASTE LAND BOARD.

Superintendent's Office, Auckland, 20th June, 1855. In complianee with the request contained in the following Resolution transmitted from the Waste Land Board, the subjoined correspondence ib published for general information. Wm. Browm-, Superintendent.

Waste Land Board Office, Auckland, 20th June, 1855. Resolution- No." 32. With reference to the letter of his Honor the Superintendent No. 23, and enclosures having regard to the Board's Resolutions Nos. 25 and 27, and inasmuch as a great deal of misconception prevails in respect to the Board being in possession of funds, and consequently to its being able to prosecute surveys, and in all other respects carry out the provisions of the Regulations, the Board submits that so much of the correspondence as his Honor may deem, necessary, ought to be published for the information of the Public. Kbadbr Wood, Secretary.

Waste Land Board Office, Auckland, 9th May, 1855. Resolution No. 25. That with reference to his Honor the Superintendent's letter No. 14, informing the Board " that no •urns were appropriated during the 3rd Session of the Provincial Council, for providing for the expense of the j staff that is required by the Waste Land Board. And although a Resolution was agreed to purporting to authorise the Superintendent to pay certain sums for that purpose, but as that Resolution cannot be treated as legal authority, and aa moreover the Provincial Council declined to furziish the means »f providing the funds required for that service, that it will bo impossible that warrants can be signed for the payment of salaries, until money shall have been appropriated to that Service." The Waste Land Board submits that the difficulty in its opinion may be overcome by the General Government being requested to adopt the estimates for the Waste Land Board, as part of the expenses incident to the management of the Waste Lands of the Crown, as provided for in Section 62, of the Constitution Act, and to direct the payment of the same out of the land fund, the question of adjustment being left for future consideration. (Signed) Readir Wood, Secretary.

Superintendent's Office, Auckland, 10th May, 1855. Sir,— I have the honour to lay before the General Government the enclosed resolution of the Waste Land Board, having reference to the difficulty in which they are placed in consequence of no sum having been appropriated by the Provincial Council to enable them to meet the expenses incidental to the carrying out of the duties of the Board. It appears to me that the means suggested for extricating the Board from the difficulty in which they have be"en left by the Provincial Council separating without making immediate provision for their necessary expenses, is worthy of consideration. I would observe, that there appears to be an imperfection in the Waste Land* Regulations, with regard to the appointment of officers subordinate to the Waste Land Board. By the 70th section it is provided that " the salaries of officers to be appointed bv the Governor shall be paid by the General Government, and the salaries of officers to be appointed by the Superintendent, or by the Waste Land Board," shall be paid by the Provincial Government; but it is nowhere stated by which of these several authorities the appointment of the officers in question (with the exception of the Coranussioncrs) ara respectively to be made. Acting upon whnt I conceived to be the spirit of the I Regulations, and desirous of removing every obstacle to their speedy operation, I placed upon the Supplementary Estimates, submitted to the Provincial Council, certain sums for the service of the Waste Land Board. The Council, however, having separated without raaki»g the provision required, I ara willing for the furtherance of that service, to waive all constructive claim to making the appointments in question, leaving them (so far as lies in me) to the General Government, which at least is not debarred by the Waste Lands Regulations from accepting the trust. I would express a hope that the General Government may be enabled to supply the necessary staff for carrying on the survey, and for enabling the Board to bring the land into the market, otherwise the land sales for a period must remain suspended, to the v«ry great inconvenience and injury of the Province. I have, &c, J (Signed) Wm. Brown, Superintendent. The Honourable the Colonial Secretary.

Colonial Secretary's Office, Auckland, 14th May, 1855. Sir,— I have the honour to acknowledge the receipt of your Honor's letter of the 10th inst., transmitting a copy of a resolution, (No. 25) fiom the Waste Land Board of the Province of Auckland, relative to the difficulty in which they are placed from the absence of all funds necessary to carry out their duties, and suggesting that the General Government might be requested to pay the necessary expenses out of the Land Fund. Injreply, I am directed by His Excellency the Officer administering the Government, to state, that the Waste Land Regulations, under which the Board act, contemplate that land will be dealt with, 1st. by the General Government in purchasing it, and then notifying the fact to the Provincial Government ; and 2ndly by the Provincial Government, after such notification, in such manner as may be required, before declaring the land open to settlement. Of course, the ! Officers employed for the performance of the respective duties, can only be properly appointed by the respective Governments,— indeed the power of the General Government does not extend beyond the time when the notification referred to is given, any more than the power of the Provincial Government can be exercised before that time. It appears, therefore, that the Governor is debarred from interfering in the manne suggested by your Honor in your remarks on the resolution of the Waste Land Board, without exceeding what he s authorised to do. At the same time His Excellency woiild not hesitate in taking upon himself responsibility if it were nidispensable, in order to avoid great inconvenience and injury to the Province of Auckland ; but His Excellency, looking upon the matter as one altogether within the sphere of the Provincial Government, believ«s that any responsibility which it may be necessary to incur for the public good of that Province would, in this instance, be more properly assumed by yourself. I have, &c, (Signed) Andottw Sinclair, Colonial Secretary. His Honor the Superintendent of Auckland.

Superintendent's Office, Auckland May 16th, 1855. Sir,— I have the honor to acknowledge the receipt of vour letter of the 14th inst., in reply to mine of the 10th inst., transmitting a copy of a resolution, (25) of the Waste Land Board, and to inform you that a copy of your letter has been duly transmitted to the Waste Land Board. . With reference to the following observation contained in the second paragraph of your letter, " it appears therefore that the Governor is debarred from interfering in the manner suggested by your Honor in your remarks on the resolution of the Waste Land Board, without exceeding what he is authorized to do." I have the honor to observe, that although only one appointment in connexion with the Waste Land Board be imperative on the Governor, the Governor's authority to appoint more than one officer is recognixed by the 70th section of the Waste Land Regulations. I have, &c, (Signed) Wm. Bbown, Superintendent. The Honorable the Colonial Secretary, Auckland.

Waste Land Board Office, Auckland, 18th May, 1855. Resolution, No 27. Referring to his Honor's letter, No. 17, enclosing copy of a letter from the Colonial Secretary, upon the subjeei «f the JJ«ari'» Rewlutieii, No. 28. Th« Bear*

not clearly understanding whether that letter i* to b* considered & refusal of the Board's suggestions or not, requests that it may be informed, if his Honor if unable to provide the nectssarv funds to enable the Board to cany out the regulations, whether the General Government declines to direct the payment of the sam« out of the Land Fund, as suggested by the Boaid in the before mentioned resolution. (Signed) Rxadix Wood, Secretary,

Superintendent's Office, Auckland, May 21, 1858. Sir,— I h»T© the honour to enclose herewith a copy of a resolution, (No. 27), adopted by the Waste Land Board, by which it appears that th» Board are in doubt as to the definite meaning of your letter, dated 14th inst., in reference to their suggestion that the necewarf expenses of the Board should be paid by the General GoTernment out of the I*nd Fund. I haro, Ac. (Signed), Wk. B«owk, Superintendent, The Honorable the Colonial Secretary.

Superintendent's Office, Auckland, June 11, 1855. Sir, — In reference to my letter of the 21st ult., transmitting a copy of a resolution, (No. 17), adopted by the Waste Land Board, by which it appears that the Board are in doubt as to the definite meaning of your letter, dated May 14, in reference to their suggestion that th* necessary expenses of the Board should be paid by the General Government out of the Land Fund, and ti> which no reply has been yet received : I hare the honor to represent the serious injury that is being entailed upon the Province through the withholding means for payment of the expenses requisite for the laying out ami sale or occupation of the Waste Lands which have been placed at the disposal of the Board, and through th? consequent stoppage, almost complete, of the Provincial Land Sales. I feel it my duty to point out what I believa to be a misapprehe«sion on the part of the General Government in supposing that the Provincial Government i* bound to provide the funds required for laying out Waste Lands of the Crown, or for defraying other expenses incident to the collection of zevenue derived from, the disposal of such land ; on referring to the Wast* Lands Act of the General Assembly, by which the Government is empowered to issue and put in force regulations for the sale and disposal of Waste Lands, if recommended by the Superintendent and Council of the Province, I find it nowhere stated that the necessary expenses shall be defrayed by the Provinee ; and it ii. cer» tainly not contemplated by that Aet that the land sdes r in default of expense* being defrayed by the Province' should be put a stop to. But on referring to the 62nd section of the Constitution Act, I find that the Government is not only authorised but required to pay out of the revenue arising " froia the disposal of the Waste Land* of the Crown, all th* costs, charges, and expenses Incident to the collection, management, and receipt thereof." And indeed, were it not for this enactment, thoSuperintendent amd the Provincial Council of Auckland, the former by refusing to recommend provisions for tho specific service in question, the latter by refusing supplies for such service, if recommeaded, would severally oe able to put a stop to the Auckland land sales, to ther injury of the other Provinces, from whose land fund larger contributions to the general expenditure would be then required ; and also to the risk of being accused by the New Zealand Company of attempting to evade payment of the debt, instead of endeavouring to obtain release from it by legitimate and open means. Although the resolution of the Waste Land Board transmitted with my letter of the 21st ult., be a Colonial as well as a Provincial question. I confine myself to the latter tiew of the subject, in making it my urgent request, for the sake of the advancement of the Province, that the expenses incident to the management of the Waste Lands of the Crown, as provided for by section 62 of the Constitutiom Act, may be provided for by the General Government, and.in making this request I would take occasion to observe that in my own. endeavours to revive the Provincial land sale9, 1 have gone even beyond what I was under obligation to do, by placing upon* the estimates submitted by me to the Provincial Council, the sum that would be required to defray expenses incident to the working of the Waste Land Board, which the Province is in no wise called upon to pay. Allow me, sir, to express my trust that the General Government will meet the question in a similar spirit. You are aware that no appropriation to the service of the Waste Land Board has been made by. the Provincial Council, and that my own power of operation exceedingly limited, under the regulations is rendered almost null ; you are aware that the present dependence of the Waste Land Board for effectiv. action is upon thecompliance of the General Government with their request for means to work with, while it is manifest to all that unless the land sales be speedily and actively revived, bitter disappointment to immigrants, and a period of general stagnation must supervene. I have the honour, &c W«. Bkoww, Superintendent. I The Honorable the Colonial Secretary.

Colonial Secretary's Office, Auckland,. June 12, 1855. Sir, — With reference to your Honor's letter of th* 21st alto., transmitting & «opy of a resolution of the Auckland Waste Land Board (No. 27) by which it apj pears the Board are in doubt as to the definite meaningj of my letter of the 14th ult., in reference to their suggestions that the necessary expenses of the Land Board should be paid by the General Government, I am directed by his Excellency the Officer administering the Government to state that the Board was informed in that letter, through your Honor, that his Excellency could not interfere without exceeding his authority, although, he would take upon himself the responsibility of doingso if it were indispensable. His Excellency, however,, believed it was not so, as your Honor had it in your power to take upon youi self a similar responsibility* which responsibility was more within your sphere than, within that of his Excellency. I have, &c. (Signed) Andrew Sinclair Colonial Secretary. His Honor the Superintendent of Auckland.

The steamer Zingari arrived yesterday from Lyttleton. In Canterbury the principle of "Ministerial Responsibility'* was undergoing a crucial experiment, and bids fair in that Province to become a eaput mortuum. Mr, Hall is "Prime Minister " one week, aud losing the " confidence of the House " makesway for Mr. Brittain, who in his turn make* way for Mr. Somebody-else ; the Superintendent, meanwhile being •-' graciously pleased"" to accept each preferred resignation. A correspondent of the 'Lyttleton Times' thus re> marks on the "Ministerial crisis": — "In my opinion we have the wrong machinery altogether ; or to apply the illustration something nautically, we are attempting to build an ocean steamer when our work would only employ a steam tug, and a very little one too. The office of Superintendent has been transformed into a petty kingship ; our Provincial Council into a legislative body, when, evidently, it* functions were intended to be municipal only. We want every one of those ordinances repealed which make tho Superintendent higher in authority than a chairman of a Town Council at home, and then if our Provincial Council would set about making roads instead of laws, the reproach of flighty legislation would be removed from us." Wellington ludependtnt.