The Star. (PUBLISHED DAILY.) WEDNESDAY, NOVEMBER 30. 1892.

Hawera & Normanby Star, Volume XIX, Issue 3289, 30 November 1892, Page 2

The Star. (PUBLISHED DAILY.) WEDNESDAY, NOVEMBER 30. 1892.

WEST COAST SETTLEMENT RESEEVES ACT.

A bather interesting point has arisen as to the construction to be placed on the words " improvements " and " substantial improvements " in tbe West Coast Settlement Reserves Act. In tbe interpretation clause of that Ace it is set out that "improvements" and " subetnntial improvements " bas the same meaning as the term " substantial improvements of a permanent character " in tbe third section of tbo Land Act of 1885. Tbe passing of tbe Land Act of 1892, however, alters tbe meaning of the words " improvements " and " substantial improvements.'' The question is how this affects the West Coast Settlement Beserves Act. We are indebted to Mr. Major, agent for tbe Pnblio Trastee, for the information that tbe Foblic Trnstee referred the matter to bis legal adviser, Mr. Stafford. Tbe point is this : Tbe Land Act 1885 was repealed by tbe Land Act 1892, which was passed in substitution of it, and in which tbe definition of tbe term "substantial improve.

ments of a permanent character" wßs amended, as shown in the following comparison of the two definitions :—

Land Act of 1885—" Substantial improve ments of a permanent character mean and inolude reclamation from swamps, ol earing of bush or scrub, cultivation, planting with trees or live hedges, the laying out and cultivating of gardens, fencing, draining, making roads, sinking wells or water tanks, constructing water races, in any way improving the character or fertility of the soil or tbe erection of any building."

The Land Act 1892. " Substantial improvements of a permanent character " mean^ and inolude reclamation from Bwamps, clearing of bash, gorse broom, sweet briar, or 6orub. cultivation, planting with trees or live hedges, the laying out and cultivating of gardens, fencing, draining making roads, sinking wells, a water tank, constructing water races sheep dips, making embankments or protective works of any hind, in any way increasing tho character or fertility of the soil or tbe erection of any building.

The difference between the two definitions consists of the addition of tbe words italicised to the definition in tbe Act of 1885. The question is which of the two definitions is applicable to the West Coaßt Settlement Reserves Act, 1892. The last-mentioned Act came into operation on the Ist November, 1892. It is numbered 22 in the statute book. It received i;he Governor's assent on the 24th September, 1892. The Land Act, 1892, also came into operation on the lßt November, 1892. It is numbered 37 in the statute book, and was assented to by the Governor on the 11th of October, 1892 Vlt repealed the Land Act, 1885. On tbe facts the Publio Trustee is advised that by virtue of sections 12 and 14 of tbe Interpretation j Act, 1888, the definition given to the words •• substantial improvements of a permanent character " in tbe Land Act, 1892, is the construction which must be placed upon the term " improvements" or "substantial improvements" in the West Coast Settlement Reserves Act, 1892. We have not had time yet to look into the matter very carefully, but at first glance it appears that by the construction which has been placed on the law lessees of the reserves wbo have to purchase improvements will have to pay, under an Aot passed subsequently to the West Coast Settlement Reserves Act, lor improvements which they would not have had to pay for under the West Coast Settlements Act. That is if the specific words of the interpretation clause of the new Land Act include more than the general words of the interpretation clause of the Act of 1885. "In any way improving the character or fertility ot the 60il or tbe erection of any building " might include the clearing of gorse, broom or sweet briar, and it is possible that even sheep dips might have come equitably within the spirit of the clause. But if not it would seem that an ac passed after the West Coast Settlements Act has added to the improvements which tenants must pay for, and is so far retrospective legislation, which prejudically affects them or some of them. The matter will, no doubt, receive attention.