UNIMPROVED LAND BILL.

Otago Daily Times, Issue 378, 7 March 1863, Page 5

UNIMPROVED LAND BILL.

The following correspondence has been placed at our disposal:— Letter to the Honorable the Colonial Secretary, from the Honorable the Superi ntehdent. Superintendent's Office, Duneciin, 21st November, 1863. Sir, —I have the honor to transmit the accompanying Bill, which I! propose to bring before the Provincial Council at its next session, which commences on the 26th instant; and I am desirous to be informed whether, if it be passed, it is likely to be favorably dealt with by His Excellency's Government, the Provincial Government considering it to be a matter of vital importance. The object of the tax is to give effect to certain conditions of purchase in the Land Eegulations, which are in a great measure nugatory from the defect of the Regulations themselves, but which cannot be amended until the next General Assembly. It will be observed that the provisions of the Bill do not affect Crown Lands until they have ceased to be so and become private property. I have the honor to be, &c., J. Richardson. Superintendent. The Honorable the Colonial Secretary, Auckland. Colonial Secretary's Office, Auckland, 6th Decem'ier, 18G2. Sib, —I have to acknowledge the receipt of your Honor's letter No. 1,293, of the 21st ultimo, transmitting a Bill, "'The Otago Unimproved Land Ordinance, 1862," which you propose to introduce to the Provincial Council, and requesting to be informed whether, if it is passed, it is likely to be allowed by his Excellency's Government. In : reply, I have to inform, your Honor that there does not appear to be any legal objection to the Bill in its present shape, and that the Government will give to it their favorable consideration. The provisions of the Bill seem to be of a very useful character ; but I would draw your attention to the following remarks by Mr Crawford (acting for the Law Officer) on the operation of the Act. . "Kb Crown grant having been issued, the land will be imperfectly, if at all, entered on the Register. " "When the rate is unpaid a Memorial will be entered against the reputed owner under the 'Sale for non-payment of Rates Act, 1862.' The Supreme Court will sell the land. The Registrar will grant a conveyance to the purchaser, and all the while no Crown grant lias issued to any one for the land in question. "This difficulty can only be got over by the General Assembly." I have the honor to be, Sir, Your Honor's most obedient humble servant, ALFRED DOMETT. His Honor the Superintendent of Otago. Superintendent's Office, Dunedin, 12th January, 1863. Sik,—ln forwarding, for Hi 3 Exceilency the Governor's pleasure thereon, the " Unimproved Land's Bill, 1862." I have the honor to urge upon the Government the expediency of advising His Excellency to assent to the same, as from the great neglect of purchasers to fulfil the condition of improvement which they voluntarily entered into, the Land Regulations of the Province do not protect the Provincial Revenue from loss; and, in the meantime, the Government, to preserve its estate, is obliged to withhold the land from the market, and thus cripple its means. I am aware that the Government have already intimated their approval ot the Bill, and I need not assure you that any irregularity will be rectified in an Amendment Bill, if necessary. I have the honor to be, Sir, Your most obedient servant, J. RICHAKDSOJT, Superintendent. The Hon.'the Colonial Secretary, Auckland. Colonial Secretary's Office, : Auckland, 23rd Feb., 1863. Sir, —I have to acknowledge the receipt of your; Honor's letter, No. 1506, of the 12tl» ult., transmitting a Bill, entitled " The Unimproved Lands Bill, 1862," which had been passed by the Provincial Council of Otago, and reserved by your Honor for the signification of the Gof ernor's pleasure thereon.

The magnitude of the interests affected.'1 by. this Bill have caused his Excellency V Ministers to give to its principles arid provisions their most' serious consideration. Fiom the debates upon it in the Provincial Council (to which Ministers, not having gathered from your Honor's previous letter a distinct impression of your Honor's object in introducing it, referred)' it- appears that the intention was to pass a measure which should put a check upon the acquisition of largo tracts of lands by. mere speculators, or, at all events, by persons who would not make the most beneficial use of them. Any measure likely to effect this most desirable object would have | had ' the most favorable consideration of Ministers. But after giving their best uttenI tion to the present Bill, they are compelled to conic to th'a conclusiou that the proposed imposition of it heavy tax upon unimproved lands so vast in extent and in the hands ot so many occupants; would fail to effect either the recovery oi tho lands by the Province, or the fulfilment of the conditions of improvement under which the lands were boughtMoreover, in the opinion of the AttorneyGeneral (a copy of which is enclosed) the lauds to which the Bill exclusively refers—those on which the improvements have not been effected—are Crown lands, which, us such, the Provincial Council have no power to legislate upon. For the other lands, with lespect to which'the condition cf improvement has been fulfilled, are excepted by the terms ot the Bill. The Bill, therefore, in this viaw of the case, would be nugatory. This would be a sufficient reason, were there no other, for advising his Excellency to withhold his assent from it. It appears to the Government that this question can only be effectually dealt with by the General Assembly. Fully recognising, then, its great importance to the Province of Otago, the Government propose to take the following course. Being aware that a different opinion from that just quoted as to the rights of the land purchasers in question is held by some professional gentlemen of considerable reputation in the colony, and considering it a necessary preliminary to any arrangement with the land purchasers, that their precise legal position in the matter, as well as that of the Crown, should be definitely ascertained, Government propose in tho first instance to submit the decision of this legal question to the Supreme Court; and when the rights of the respective parties shall have been thus satisfactorily determined, to prepare such a measure for submission to the General Assembly at its next meeting as may appear best calculated to meet the exigencies of the case. I have the honor to be, Sir, your most obedient servant, Alfred Domett. His Honor the Superintendent of Otago. [copy.] It can hardly be said that it was not lawful for the Provincial Council to pass this Ordinance, as the 6th section expressly provides that it shall not "affect in any respect whatsoever the Waste Lands of the Crown." But it is at least doubtful whether this provision docs not render the Ordinance nugatory, and leave it nothing to operate upon. lam of opinion that such is the case. The lands which the Ordinance professes to tax were sold subject ta a certain condition. That condition has not .been performed, and therefore the lands, it appears to me are Crown lands. As j such the Provincial Council, could not pass any law affecting them, and moreover they are ex- | pressly excluded from the ox^eration of the Ordinance. (Signed) Fbisdk. Whitaker. 9th Feb. 1863.