PROSPECTING FOR GOLD

New Zealand Herald, Volume LXXII, Issue 22131, 10 June 1935, Page 11

PROSPECTING FOR GOLD

LAND AT HUKERENUI CONTESTED APPLICATION [FROM OUR OWN CORRESPONDENT^ "WHANGAREI, Saturday The possibility of gold existing in the Whangarei district was indicated by an application for a gold prospecting licence which has come before the Warden's Court at Whangarei. The application was made by Edith Marj Bavlis and William Robert Baylis, in respect to an area of about 12 acres at Hukerenui. They were represented by Messrs. L. A. Johnson and P. Basley. It was stated that the applicants had been holding the land under a lease from the owners, Messrs. It. C. M. Harrington, J. E. Woolley and G. E. Woolley. On behalf of the owners, Mr. T. H. Steadman objected to the application. The main objection was that the land was not open for mining under the Mining Act. It was contended that the title to the land gave the owners the right to acquire the fee simple. The title was acquired before 1890 prior to the land being set aside for mining purposes, it was therefore claimed that the land was private, and not Crown property. Mr. Baslev submitted that a prospecting licence for gold was not a mining privilege within the meaning of the Act.

The warden, Mr. G. N. Morris, said that section 52 of the Mining Act covered the matter, and that the objection must fail. A further objection was made that the applicants had failed to post notices of their application in duplicate on the ground. The warden held that this was a technical objection and would not be upheld. Further objections as to notices to the owners in reference to pegging and the consent of the warden were reserved, as was also the question of compensation to the owners. Mr. Basley contended that there was tio necessity to compensate the owners of the land surface as the land was open for mining. The warden said that the owners of the surface would probably have the surface damaged through mining operations and he would reserve his decision on the question.