Lake Wakatip Mail. QUEENSTOWN, FRIDAY, APRIL 15, 1887.
A sew feature uhit the Mines Act, ISGO, cropjn-d op at tlie VVard»*u s Court sittings on fV.»*sURy last. It .-.rose under the interpretation of section 270 of that Act, tlie w«rdiv.g of tvhirh • «-l-*t»-s to tlic Regulations made. a"d ha* to l>e i-oustrueii w.th tiie proceeding section 275. which Utter c< ntuins general provisions for the working tf rich rejtuiatioi s in respect to various privileges. The aide-note of tlie latter section reads that the "Governor may tnake ami ait«r I epilations." lie has also powers to revoke. There arc twenty-atveil sub-sections to this clause, ami four of them relate to various kinds of water-rights. A supplementary Gnzrttf, No. CO, 22nd lVceml»er Inst, contained a number of regulations affecting these 'r.terests as well as ctin rs, such as licensed hohiiugs, tic. These ha.e f<em acted upon hoiu tide as legal, and certificates of titles issued thereunder. The old mining rgnlati'ius were viitually cv.sp. i--ded by the Governor's proclamation of Niid 22.d Lleecudier. and the new ones declared to take «ffe«-t from the firs»t day of January of this year. Now section 270 of the Act is very explicit. "E'eiy reputation made under this Act, at spy time prior to the rijte ot the commencement of the next session of ll.e General As-setnHy, *,\>iU be published in the G'azrtte, and from and after that date, etc., shall have the force of law, as if the same had lieen enacted henin." The proclamation of 22nd December is prior to the uext meeting of the Assembly, but the words in the •ection, "fu.mand afrer sueh date of publication tlul! have force of law, as if the same had Uen enacted herein," arc repugnant to the context of another part of the clause, which states, briefly, that if the House lie in session, such Regulations mint be laid before it within 28 days from the issue thereof, "and if not, then within fourteen days after the commencement of the next session thereof: l'ro*i-led that no rule or regulation made under sub-sections one, two. four, twelve, thirteen, twentytwo, twenty-five of the last preceding section (No. 270) fthaii come into force until after the expiration of fourteen days from the time the same shal! have been so laid before both Houses of the General Assembly." Tlie <|ue«tion arose on Tuerday as to whether the Gairtte publication meets the meaning of the wcrds of the section, " shall have force as it the same hail been enacted theiein." There is a savii.-g clause keeping alive the old regulations in force ** until amended." This was done by the 22nd l)e etnlier proclamation. It seems evidently ckai that whether the House be sitting or not, the apl-roval of the Chambers has to be obtained for t- e new Herniations. This approval may lie one of amendment, or a total refusal to accept them. Mr Warden Hickso.v did not refuse to of title, bat it is evident applicants must take the risk* «• to the aorwdoess of the several titles
already granted, and ha wiwly decided to adjourn uiAty application* tine die, the applicant* claims to stand in the same position as lodged and objectors only to date. We nave given this matter prominence, because it may explain what is a delay in the administration of justice.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/LWM18870415.2.3
Bibliographic details
Lake Wakatip Mail, Issue 1585, 15 April 1887, Page 2
Word Count
554Lake Wakatip Mail. QUEENSTOWN, FRIDAY, APRIL 15, 1887. Lake Wakatip Mail, Issue 1585, 15 April 1887, Page 2
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.