MINERAL-BEARING LANDS.

New Zealand Herald, Volume L, Issue 15252, 15 March 1913, Page 6

MINERAL-BEARING LANDS.

The decision of His Honor Sir Joshua Williams in the recent " Southland Land Case" places upon the Land Act of 1912 the interpretation! obviously intended by its authors, and removes all doubt as 'to the meaning of th'e Act subject only to the matter being carried to the Court of Appeal. It may not be generally appreciated that the decision, important as it is, appears to be confined to a very small class of cases, embracing only those where the original lease itself expressly and in so many words excludes or reserves the minerals. In the great majority of cases this, we believe, is not done. The lease in the Southland case was a special one granted under Section 121 of the Land Act of 1892, which deals with lands known or supposed to be mineral-bearing. In accordance with that section the lease itself contained an express stipulation excepting all minerals or metals from any claims or rights of the lessee, and reserving , to the Crown all necessary rights of ingress and egress for the pur- ■ pose of working such minerals or . metals. . Hence it was plain that the • lease was of the surface only. In the • great majority of cases, however, i where there is no reason to prei suppose.the existencs of minerals or ) the like, the land is alienated by the ' Crown without any such reservation; I the lease is then a lease of the whole E fee simple, and it appears to follow ; from,the judgment already referred I to that the right, of purchase under 3 the Act of last session extends,' in - consequence, to the land and all that - it contains. There cannot, however, f be any objection to this. In proper - cases the Crown Lands Office should, r and no doubt does, see that mineral 1 rights are reserved, and where this 3 is not done the lessee is fairly entitled . to acquire his lands without any bur- - den upon them. What would have y revolted commonsense would have y been the possibility of a man acquir- - ing both land and minerals at a price a ! based upon the capital value or i- which his rent was assessed for the •- purposes of a lease of the surface e only. .«.