DEPUTATION TO THE MINISTER OF LANDS.

Globe, Volume XXIII, Issue 2398, 9 December 1881, Page 4

DEPUTATION TO THE MINISTER OF LANDS.

A deputation from tho Sydenham Borough Council, consisting of the Mayor of Sydenham (Mr J. T. Brown), Cr. White and the town oxork, accompanied by Mr J. T. Fisher, late Postmaster-General, waited upon the Minister of Lands yesterday, at the old Provincial Buildings, in reference to the question of reserves. The Mayor explained that until very recently the Borough Council had been under the impression that reserves to the extent of 1200 acres had been granted to the municipality. In recent negotiations, however, with the Ashburton-Rakaia Forks Railway Company it hod transpired that in reality only 835 acres had been granted, and that the other 3-15 acres had never been gazetted, and although the Council had ail along been receiving rent for it from tho person in possession, it was not, as had been supposed, the property of the borough. They had looked into the matter, aud discovered where tho hitch had occurred. It appeared that a deputation to whom the business had been entrusted had not carried it through as they { ought to have done. The records in the public offices showed that the application was forwarded in duo farm, aud that the land was reserved from sale for the distinct purpose of being given to the Sydenham Borough as a reserve, but that the transaction had never been carried any fnrther. The Council were therefore anxious that if possible (immediate steps should be taken to hare the transfer completed. Mr jßolleston said he had looked into tho matter so far as ha was able without having the original records, and found the position to be very much as Mr Brown had stated—namely, that the gentlemen already referred to—Messrs Fisher, Stevens and Richardson—bad led Che Gounod

to expect that their claim would be recognised; but there was nothing in the official records of tho time to show that the Minister then in charge of tho department had consented to the granting of the 345 acres. The position of tho question at that time was this : a large number of boroughs were applying for endowments of land under the section of tho Municipal Corporations Act, which provided for endowments to boroughs to an extent, within their boundaries, of not exceeding 100 acres, and outside their boundaries not exceeding 2000 acres. The Government found that this inducement to obtain endowments was really acting as a premium for localities to become boroughs, which ought not to be so constituted. They also found that the arrangement worked very unevenly in practice, that some boroughs were getting good land and others bad, and that altogether tho difficulties of the position were very groat. They therefore, as he thought very properly, determined to put a stop to tho endowment of boroughs with land outside their own limits. The question of the Sydenham borough came on, together with a number of others, including tho Rangiora borough, which got 800 acres at tho same time, and it seemed that the department hud arranged that what was fair as between Sydenham and the other boroughs was the 855 acres. Then the matter appeared to have come before Mr Fisher, who, more as a member for the district than as a Minister, for it was not in his department, made a minute to the effect that he recommended that the selection should be allowed. As far as he (Mr Fisher) was concerned, ho did his best to promote the obtaining of the grant ; but Mr Stout was at the head of the department, and it did not see its way to depart from an arrangement that was arrived at as being fair to all the boroughs. The matter stood thus in tho month of September. During the session the Government brought down a Bill to carry out their policy of not giving more land grants, and it became law. The reserve given to Sydenham in terms of the Act was 855 acres, and not 1200 acres, and therefore the Government, in granting the 855 acres, did all they could legally do. Thera was no power in the hands of tho Government to grant more than had been reserved and gazetted previous to the passing of the Municipal Corporations Act of 1878.—Mr Fisher said the original application was for 2000 acres, but it was reduced to 1200 acres ; and the fact that the reserve was cut into two sections was the reason why tho 345 acres were left out. He always thought Sydenham was entitled to the 1200 acres, and when, with others, he waited upon Mr Stout, he understood that that area would be granted.—Mr "White would like to point out that Sydenham was not created a borough for the purpose of obtaining endowments, as it oamo into existence prior to the Act containing the provision alluded to by the Minister for Lauds.—Mr Eolleston quite recognised that the borough was free from that charge.—Mr White said there were two separate applications sent in to tho Land Office on the same day—one for 1655 acres and the other for 345 acres. The Waste Land Board forwarded the documents to Wellington, and an error had arisen through the application for the 345 acres being sent in separately.—Mr Eolleston remarked that the department seemed clearly to have had the question of the 345 aores before it from Mr Fisher’s minute.—Mr White would also like to mention that the borough being asked to select the 2000 acres, did so at a cost to itself of £l5O. More than that, it had paid both land tax and property tax on 1200 aores. The Government officers, at any rate, had regarded the 345 aores as the property of the borough.—Mr Relies ton would not like to be understood to give a final answer about the matter other than this— That as the law stood at present there was no power to include the 345 acres in the Crown grant. Other cases had come before him, and he had taken legal advice as to the power of the Government to make concessions in the direction of extending reserves after the passing of the Act, the opinion given being that there wae no power to go beyond what was reserved in terms of the Act. If it were decided to grant tho 345 aores to tho borough, further legislation therefore would be necessary to enable it to be done. There seemed to be some arrangement which Mr Stout had dictated, but which did not appear from the telegrams. He would assure the deputation that he would look very carefully into the matter, and let them know as eoon as possible the decision the Government arrived at. If it was found that there had been a departmental mistake he would have it rectified, but that, of course, was what he would have to satisfy himself about. Ho would like, while tho deputation were present, to mention another matter in connection with the Sydenham Council. It was in reference to the agreement between the Council and the Railway Company for the erection of a railway siding on the Ashburton reserve. He understood that the siding was to be in permanence and on a different footing from other sidings that had been granted by the Government. Now they must understand that the Government had a reversionary interest in the railway, and that when it was asked to grant the reserve it would have to take into consideration tho fact of whether or not it would be used in a manner that would increase the price which the Government would eventually have to pay for tho railway. The deputation then withdrew.