RUNHOLUERS AND PRE-EMPTIVE RIGHTS.

Otago Witness, Issue 585, 14 February 1863, Page 5

RUNHOLUERS AND PRE-EMPTIVE RIGHTS.

MR IiEES'S CLAIM.

The Wa3te Land Board held a meeting on Wednesday, in xhe office of the Chief Commissioner, at which amongst other claims considered were three made by Mr Rees, for the pre-emptive right to purchase blocksof Und on his run, at Lake Wakatipu. The first claim was for 10 acres, bounded on the south b/ Lake Hayes, and said to be part of fctie Arrow River diggings ; the second was also for 10 acres, on Horn Crock ;' and the third was for SO acres, near where the Kawaran flows from the Wikatipu Lake. The hearing of the claims was, after some discussion, adjourned unti' after the return to town of his Honor the Superintendent.

The Board met again yesterday, there being present, the Chief Commissioner (Mr W. 11. Cutten) in the chair, the Provincial Secretary, and Messrs James Howorth and Charles Logic. Mr Rees said that hi? Honor would attend the Board in a few minutes • and meanwhile he might state the circumstances under which the claims were made. It was about four months ago that he got anidea that his out-of-the-way country would be liable to be interfered with for the purpose of gold diggiug. Ho was thus forced to apply for his pre-emptive risrht sooner than he would otherwise have done ; because, in working a run, one did not exactly know for a time which would be the best site for the head station, and thus they were ignorant of where to apply for tfie two ten acres and where for the eighty. Hearing that there was a possibility of some demur, he made through Dr. Hector, the claims now before the Board, with this exception -.—He had intended to build his head station at the Falls, as being the most central point for work ; but when Major Richardson cam 3up and saw the ground, he expressed a wish that that should be the site of the Government township. Cons.'quently, he at once waived his claim to that spot ; and he now desired to retain the head station where it now stood, and to have the 80 acres there.

Mr Howorth : But is not all this declared a gold field ?

The Provincial Secretary -. It has not been gazetted ; but it has been resolved upon as a gold field.

Mr Rees submitted that this did not affect his application, seeing that it was sent in long before there was anything like a declaration of the gold field. It the Board chose to delay for a certain time that ought not to be allowed to prejudice him.

Mr Howorth .- But you have stated that when you applied you had in contemplation that your run would become a gold field.

Mr Rees admitted it. But he repeated that it was also absolutely necessary to wait so as to learn which was the best site for a head station. On first going into a new country, no one would put up permanent buildings ; and unless such buildings existed, the Board demurred about granting any application. He had intended to put up buildings at {he Falls but ho removed what were there in order that there should be nothing m the way of Mr Wood in laying out the township. J °

The Provincial Secretary : That is at Queenstown ?

Mr Rees : No, Frankton; his head station was now at Queenstown. He had waived all claim as regarded Frankton, so soon as it was selected tor the Government township. Mr Howorth : You have no claim whatever to the place. It is not allowed by the Board. Mr Rees considered that he had; for runholders were guaranteed certain pre-emptive rights, r r

Mr Howorth : But you cannot exercise any such right without the consent of the Board.

* 'Mr Rees said he certainly could prevent any leaseholder, or any person, in iact, putting up a building without his consent. The Government could not proceed with the township without his consent.

The Chief Commissioner : Unless they suspend your license. It is quite what is the "intention and the position of the Government. Where the pie-emptive or any other rights of a runholder interfere with the sale of Crown Lands, the Government has the power to disallow those rights and to give compensation.

Mr Rees said that his present head station could interfere with the working ot the gold field.

Mr Howorth : The Government may compensate you for your buildings, without allow ing you pre-emptive rights.

Mr Roes: That is just a farce. It does not compensate us, nor anything of the kind. The damages we should call for would be very much greater than any such payment. The Chief Commissioner : The Government never will sell you the freehold of any land likely to prove auriferous. Mr Rees .—Quite true. But when hundreds of diggers arrived at his station, in want of food, he continued running hig schooner, and supplied them cheaper than they had been supplied since. The mere fact of its being "Rees's head station," was the attraction to the men ; and he could, undoubtedly, if he had pleased, ordered them off, and prevented anything like a lodgment. The result would have been the same, as to the attraction of the men. had his head station been anywhere else ; and that it was not the best place for a township was shown by the fact that Major Richardson had not chosen it for the Government township.

Mr Howorth : We have not allowed any one to exercise pre-emptive rights on a gold field.

Mr Rees : True ; but this is not declared a gold field.

Mr Howorth said that the lights were never allowed without the land being surveyed, to sec whether it was auriferous, or fit to be a township. According to Mr lisa's own showing, he would not have claimed pre-emption but thai he expected to be interfered with by the discovery of gold ; and but for that discovery, he might have run to the end of his lease, and then not have thought the rights worth exercising. Mr Rees said he had merely waited to settle which would be the best place for the head station. He had a right to fix that for himself.

Mr Howorth : But putting down your head station does not entitle you to the land.

Mr Rees: Do you think that the Government would have sent any person up there to have made a selection of the land, even it I had asked it ?

Mr Howorth: At your expense they would. Mr Rocs: Twelve months ago. I applied for a man to bo sent to oar station at Pomahaka, to survey it, but nothing has beer: done. The only question here is whether my head station is to be the township, or one four miles off. There cannot be two. Mr Howorth: There is another question — Whether you are to be allowed to exercise any pre-emptne visht on a gold field ? Mr Rees: Not on a gold field, on my licensed run. Such licenses are taken out with the idea that we are to have the right. Mr Howorth: Not on a gold field. Mr Rees : That is a secondary matter. The licenrc was taken up prior to the gold fields. Mr Ho worth: And subject to certain restrictions respecting them.

Mr Rees: I think there is nothing said in fie license about gold fields, but only as to the hundreds.

The Chief Commissioner: Y^e have the power, with the consent of the Superintendent, to refuse to sell any land, the sale of which would be injurious to the public interest. Suppose you put your station on the top of a mine of copper, cicarly we could refuse to sell you the land, although there is no special reference in the license.

Mr Rees: But you could not sell any of that land to anybody, without my consent. The Chief Commissioner:" We could lease it.

The Superintendent having entered the room, The Chief Commissioner said: It is our intention, Mr Rees, to refuse to allow you any preemptive right, on the ground that the spots selected, if not now, will immediately be, within a gold field— that they are auriferous. Can you get anything from the Superintendent that is likely to alter our intention ?

Mr Rees: No, perhaps not. But some people apply when they have not put up any buildings, and I want to show that ours is a bonafide occupation, where I claim to have the 80 acres.

In reply to Mr Rees,

His Honor said he thought it was highly desirable that there should be a township at both the places named. The preferable site was at the Falls; that he looked upon as absolutely essential for the township.

Mr Rees : In the meantime, do the Government believe that they can sell to any one else, without giving me the option of buying? I claim that no portion of this 80 acres shall be sold without my haying the pre-emptive right to purchase.

Mr Howorth said that because Major Richardson had been up and looked at the place, it did not follow that Mr Rees could proceed to quosii>n him.

Mr Rees: I have a right to put any question, as from one gentlemin to another, since the Major lias been kind enough to attend. We are not before a court of justice now. I will ask thf Major to say what buildings he saw at my head station.

His Honor said that he saw four or five buildings, going over rather more than one-half of the frontage he thought it desirable the township should occupy. Those buildings, irom their appearance, were evidently erecte l anterior to the discovery of the goM fit'liis. One was a dwelling house, with an enclosure all round; there was a woolshed, and there were also two other buildings of some little standing— perhaps a couple of yeais.

Mr Ttces said it would bo a remarkably hard case, if lie was nod to luvo the land, for he had no chance of building elsewhere.

The Chief Commissioner : You will he compensated to the full extent of your expenditure. Mr liccs : That is no compensation. Nothing I can get will compensate me for that run.

The Chief Commissioner : That is for the arbitrator to decide. It is (mite clear that the Board could never think of granting such applications. Mrßees wished to know whether that was to be a final decision. What protection was he to have? In the first place, he could have ordered every man off his run, and not allowed a store to be put up. Indeed, up to the present time he could do that.

The Chief Commissioner : I do not think you have any richt to interfere as to stores. Your legal lights are only rights of pasturage, and you. are fully entitled to them.

Mr Kees said that before an accommodation house could he put up, the permission of the rnnholder had to be obtained.

The Chief Commissioner doubted whether any such thing was requisiLe. It was usually done for the sake of convenience-

Mr Rees sail it was recognised by the Board. The Chief Commissioner believed that the runholder had no right to refuse, except for the protection oi his pastures.

Mr Ee.'S said that the power of aefusal was vitally necessary for such protection. Otherwise people might run up stores in any place, and bring horses and cattle upon the run, and make a regular turmoil s<y as to destroy the pastures almost.

The Chief Commissioner : You cannot d ) anything which would stop the natural traffic of the country.

Mr Hess was perfectly sure that if, in the first instance, he iiad called upon any magistrate far help in protecting hia head station, rhat help would have deen given. Mr Howorth : One would suppose that you were the absolute owner of the property, and had all the rights of the Crown ; but all rights are reserved.

Mr Kees said that tip to the present moment the licensed run wa3 his ; for it had no^ been proclaimed a gol.l field, What' was the final decision of the Board ?

The Chief Commissioner : We refuse the applications.

Mr Rees : I must protest against ' it. I claim that no portion of the 80 acres at my head station be disposed of by the Government, until I have had the pre-emptive right of purchase. It was afterwards arranged that a written protest might be sent to the Chief Commissioner; Mr Rees adding, " The question wiU hare to. be fought elsewhere."