THE M'KENZIE CLAUES.

Otago Daily Times, Issue 7263, 28 May 1885, Page 4

THE M'KENZIE CLAUES.

■ At yesterday's meeting of the Land Board the question of holding an inquiry into the conditions under which the lease of the Benmore run are held waa brought up. .

Mr M'Kenzie said: I wish to move—" That this board hold an inquiry, in accordance witb , the provision's of 'The Land Board Inquiry Act 18-53,' as to whether the requirements cf the Land Acta, in their true intent and spirit, are being evaded in tho case of the Bonmore run, 'an endowment of the Otago University,' and subject in all respects to the provisions of the Land Act of 1877 and amendments, and. the lease of which waa purchased at auotidn in 1883 by Mr A. C. Begg, of Dnnedin, as attorney for Mr W. Dooharty, of London." In moving this resolution I do not intend to take up the time of the Board. I will simply confine myself to the statements made to me as to the alleged evasion of the Land Aot, my reason" for moving the resolution, and the purpose the holding of Mich an inquiry would serve. The alleged evasion of tfie provisions and requirements of the Land Act was represented to me.thus i That previous to the purchase of the lease of Benmore run by Mr Begg, as attorney for Mr. Docharty, it was held under loose by R, Campbell and Co. j for which firm Mr Begg was agent; that owing to tho passing of the 67th clause of "The Land Act 1887 Amendment Act 1882," known aa the " M'Kenzie clause," R. Campbell and Co. were debarred from purchasing the aame aB being owners of 20,000 sheep or_ more; that the lands comprised in that portion of the Benmore run purchased by Mr Begg as attorney for Mr Docharty, have and are at present being worked as a station of R, Campbell and Co.'s, for whom Mr Begg still acts aB agent; and tbat the sheep running on the run are branded by the same brand as that used and registered by R. Campbell and Co. Consequently the inference.: or deduction that is drawn from the circumstances in the district is tbat Mr Begg was acting as attorney for Mr Docharty, who was, or is, R, Campbell and Co.'s " dammy," thereby enabling that firm to hold more land than the law permits for pastoral purposes. Now, Bir, the holding of an inquiry into the matter Would, I think, serve two good purposes. You will recollect—and other members of the Board will recollect—that some of the newspapers in Dunedin deplored the passing of clause 67 of the Land Act of 1882, and some time afterwards openly boasted in their columns that the ingenuity of some members of tbe legal profession in Dunedin was equal to the occasion—that a legal move had been discovered by which the intentions of the Legislature could be circumvented and the law in the matter evaded. In the event of there being any truth in the allegations regarding the Benmore run and a disclosure of the mode by which the law iB evaded, the Legislature, who will Bhortly be amending the land laws, would be made aware of the facts, and know how to act accordingly. The Chief Commissioner : It seems to me at the first glance at this matter that we are in a peculiar position. The Otago University Reserves Vesting Act, under which the University Council deal with thia land, is rather peculiarly worded with regard to the position of the land in queation. I am. not prepared to say exactly what that position ia, but it Beemß to me open to doubt how far the Land Board can interfere in the matter.

Mr M'Kenzie : I have looked up the Act and find that the run still remains waste lands of the Crown, and subject to the provisions of tbe Land Act.

The Chief Commissioner : Here is how Bcction 4 of the Otago University Reserves Vesting Aot reads:—"The Land Board of the Otago Land District shall not have, exercise, or perform any powerß, duties, or functiona over or in respect of tbje said land described in tbe said schedule; but the governing body of the said University shall nave, exercse, and perform the same over tho said land in all respects as though the eaid governing body had been in the said Act and schedules designated and named instead of the said Land Board,"

Mr M'Kenzie : It is true that section 4 of the Otago University Reserves Vesting Act sets.forth what you state, but section 3 of tbe same Act eeta forth that tbe land in question shall be dealt with as waste lands of the Crown, and be subject in all respects to the provisions of " Tho Land Act 1877"; and what lam prepared to contend ia that the Legislature haa constituted this Board a board of inquiry into all breaches of conditions of " The Land Aot 1877," and the amendments thereof. Tbe Legislature has not constituted the governing body of the Otago University a board of inquiry. Then sir, in my opinion, by subsection 4 of clause 2 of "The Land Boards Inquiry Act 1883," we have power to inquire into any breach of conditions of a lease of pastoral lands under "The Land Act 1877," and amendments thereof; and to make good your contention you must show tbat a lease of the Benmore run is not subject to the provisions; of " The Land Act 1877," and amendments theroof.

The Chiei- Commissioner : I would not like to give an opinion on this matter. It seems to me rather a doubtful question, and I think you had rather let it stand over for a week se tbat it may be inquired into. The license of this run has been issued by tbe University Council, and under the Land Act of 1877 I should think it quite clear that the Council would be the body to hold any inquiry. You remember our first inquiry was held under the Aot of 1877.

Mr M'Kenzie: The Land Board Inquiry Act has taken tbe matter out of the hands of tbe University Council,

Mr Gbeen : I think the matter is of bo much importance that consideration of it should stand over for a week, so that you can consult our solicitor as to our powers.

The Chief Commissioner : Very well. Mr M'Kenzie : I have no objection to the resolution standing over until the next meeting. I do not wish to rush tbe Board into anything. Consideration of the matter was accordingly postponed for a week.