CORRESPONDENCE ON THE SUBJECT OF THE WASTE LANDS BOARD.

Hawke's Bay Herald, Volume 5, Issue 256, 15 February 1862, Page 3

CORRESPONDENCE ON THE SUBJECT OF THE WASTE LANDS BOARD.

Superintendent's Office, Napier, May 10, 1861. Sib, — I have tbe honor to enclose copies of a cor- ' respondence with reference to the formation of the Waste Land Board and the appointments made by the late Superintendent of this Province for the future arrangements of the Waste Lands of the Grown, and to request you will have the goodness to obtain from the Attorney- G-eneral his opinion as to whether the appointments made by the late Superintendent were valid or not, as a question of illegality in the formation of the Board is entertained by the Provincial Solicitor, on the ground that the authority of the late Superintendent ceased on the 7th March, 1861, the date of acceptation by His Excellency the Governor of his resignation of the Superintendency. I beg to be informed that, if in the event of the appointment made for formation of the Land Board in question being held to be valid, and before regulations for the guidance of the Board are sanctioned" by the (3-overnor, as to whether I as Superintendent have in the absence of a delegated power from His Excellency the (3-overnor, under the 6th clause of the " Waste Lands Act," the power to sell the Waste Lands of the Crown by proclamation under his own signature in the Gazette. I also beg to request that the powers recently delegated by the Governor under 6th clause of " Waste Lands Act " to the late Superintendent may, if His Excellency should think fit, be alsoconferred on me. I have, &c, (Signed) J. C. Lambton Cabter, Superintendent. The Hon. the Colonial Secretary, Auckland. Colonial Secretary's Office, Auckland, 14th Sept., 1861. Sib, — Having reference to the correspondence which has taken place between Your Honor and - the General Government on the question of the- .' constitution of a Waste Lands Board in th,e Province of Hawke's Bay, I have the honor to inform you that it has been considered advisable to issue to Mr. Henry Stokes Tiffen a fresh commission under the Crown Landa Ordinances (Sess. x No. 1, and Sess. xi No. 10), with a view to the avoidance of any doubts that might be raised in respect of the authority under which that gentleman at present acts as Commissioner of Crown Lands within the Province of Hawke's Bay. If it should be the opinion of Your Honor and of the Provincial Council that the powers of that officer ought to be placed under regulations, the power of making such regulations is vested (by the above cited Ordinances) in the Governor : and His Excellency will be prepared, so far as it , -•■ lies in his power, to give effect to the wishes of ; yourself and of your Council, upon the receipt of , a recommendation to that effect. - '■■ If, however, Your Honor and the Provincial Council desire the constitution of a Waste Lands Board, I would observe that, in the opinion of this Government, such appointment can only be made under some law of the General Assembly. _\ , « ;j, \ I have, &c, ' , ", , ' . * ,f : (Signed) Wimiam 'Fox. , , ,/, j His Honor ' ! _".;.; . J; v, The Superintendent, «.- Hawke's Bay. ' .