THE POINT RESOLUTION CASE.

New Zealand Herald, Volume XXV, Issue 9112, 21 July 1888, Page 5

THE POINT RESOLUTION CASE.

REPORT OF THE COMMITTEE. THE TRUST TO BE REINSTATED. [BY TELEGRAPH.—SPECIAL CORRESPONDENT.] Wellington, Friday. The chairman of the Point Resolution Land Purchase Committee (Mr. W. P. Reeves) brought up the report to-day, and it was referred to the Government for their consideration. The report is as follows : "I am directed by the Point Resolution Land Purchase Committee, to which was referred the following questions : —(1) What were the terms upon which certain property at Point Resolution, Auckland, was purchased by the Government from G. S. Kissling and others ; (2) whether such terms were reasonable and were given effect to with fairness to each of the vendors ; and (3) whether if such terms were unreasonable or unfair, what steps if any can be taken to remedy thesame—toreportthattheevidence before the committee goes to show that certain land at Point Resolution was granted to the Bishop of New Zealand in 1850 for charitable purposes ; that the land was vested in a body called ' The General Trust Board ;' that on the 25th April, 1873, 4 acres 1 rood 17 perches of the land was leased to Mr. T. Healeby tho General Trust Board for a term of sixty years at a rental of £17 per annum ; that Mrs. G. S. Kissling purchased the lease of the 4 acres 1 rood 17 perches from Mr. T. Heale, in June, 1883, for the sum of £2000; that in ISSS steps were taken by the Government to erect a battery at Point Resolution; that 3 roods 13 perches of tho 4 acres 1 rood 17 perches leased by Mrs. Kissling was required for tho purpose ; that much difficulty was experienced by the Government in arranging with the lessee the terms upon which the land should be taken; that on the 20th of November, 18S5, the following terms were agreed upon between the lessee and Mr. H. W. Brewer, Go vernment Land Purchase Officer :—(1) the Government to take the whole of the land, paying £6000 for the freehold and leasehold interests ; (2) the lessee to receive £5365, and the trustees £632 ; (3) the Government to hand back to the lessee as a freehold for £4250 the 3 acres 2 roods not actually required for the battery ; and (4) the lessee to reimburse the Government in case more than £632 had to be paid to satisfy the trustees' claim ; that on the 20th November, 1885, the Government Land Purchase Officer wrote to the Secretary of the General Trust Board, stating that it was proposed by the Government to take the whole of the 4 acres 1 rood 17 perches, and that; the sum of £632 would be awarded to the trustees for their interest, and notifying that if tho award was not accepted " the case would have to go to the Supreme Court;" that on the 3rd December, 1885, the General Trust Board passed a resolution accepting the sum of £632 in satisfaction of their claims ; that on the 4th December, ISBS, the acceptance of the award by the General Trust Board was formally notified to the Government land purchase officer ; that the General Trust Board now state in reply to a telegraphic inquiry from this committee that they were not aware at the time they accepted the Government award of £632 for their interest, that any arrangement had been made between the Government and Mr.G. S. Kissling as to tho transfer of the fee simple, nor of any arrangement as to Mr. G. S. Kissling agreeing to reimburse the trustees in case the Government valuator's offers were not sufficient to satisfy them; that a proclamation, taking the 4 acres 1 rood 17 perches for the construction of a public work within the meaning of the Public Works Act, 18S2, Amendment; Act, 1885, was issued on the 28th May, 1886, and Gazetted on the 3rd June, 1886; that it was found necessary to obtain legislative authority to enable the Government to transfer the fee simple of the 3 acres 2 roods to the lessee as agreed upon; that a clause was inserted in the Special Powers and Contracts Act, 1886, to meet the case; that the amounts agreed upon were paid to Mrs. Kissling and the trustees respectively on the 19th November, 1886, the trustees being paid first, so as to make sure that they concurred in the arrangements, and all the trustees joining in the receipt; that 3 acres 2 roods of the land was thus handed over in feesimple to Mrs. Kissling without being first offered back to the trustees as original owners, or to an adjoining proprietor, as required by the Public Works Act. This committee is of opinion that the course adopted by the Government Land Purchase Officer, though apparently taken in good faith, and with the intention of making as good a bargain for the Government as possible, was not justifiable; that the trust ought not to have been deprived of the fee-simple of the land not actually required for defence purposes. Your committee therefore recommend that with respect to the 3 acres 2 roods not required for defence purposes, but conveyed to the lessee in fee simple, legislative action should at once be taken to replace the trust and the lessee in the positions they respectively occupied before any proceedings for the purchase were initiated ; and that a readjustment should be made between the parties of the amounts of the compensation which they respectively received." Sir G. Grey informs mo that he has felt it incumbent upon him to take the action which has resulted in the recommendation that this Native trust be reinstated, as a sacred duty he owed to his deceased friends Judge Martin and Bishop Selwyn, who co-operated with him in establishing the Trust, and in order that their last wishes might be respected.