MR REID AND THE CHAIRMAN OF THE WASTE LANDS BOARD.

Otago Witness, Issue 1230, 17 July 1875, Page 6

MR REID AND THE CHAIRMAN OF THE WASTE LANDS BOARD.

The following is a copy of the letter from Mr Reid to Mr J. T. Thomson, Chief Commisßioner of the Waste Lands Board, sent on Monday last, the day previous to the special meeting of the Board, at which the Chief Commissioner's instructions to the District Officers were countermanded : —

Provincial Secretary's Office, t m m, sth July, 1875. J. T. Thomson, Esq., Chief Commissioner of

the Waste Lands Board. Sir— Having heard that instructions have been telegraphed to the various "District Officers " to refuse to receive applications for lands -within the Heriot Hundred, which have been set apart for occupation on deferred payments, in terms of the 47th section of the Ota°-o Waste Lands Act, 1872, I take the earliest opportunity to express a hope that the information I have received is not correct, and to recommend that, before any such action is taken the whole question should be submitted for the consideration of the Waste Lands Board. It appears to me that the sudden withdrawal of tb#ie lands from sale is a question of so much importance as to withdraw it from the ordinary routine business which the Chief Commissioner may transact, under the 15th section of the Act.

Knowing, as I do, that hundreds of people who are desirous of becoming honafide settlers have made their arrangements, and in many cases have travelled long distances, to apply personally to-morrow at the varioxis land offices throughout the Province for the lands in ques-

tion, and looking to the serious injury and inconvenience that will be inflicted on them if their applications are not received, as well as to the prejudicial effect it will have ou the settlement of the waste lands of the Province, I have most strongly to urge, if such instructions have been given, that they may be countermanded without delay, pendirg a meeting ot the Waste Lauds Board for the purpose of considering the whole question. I at>k this course to be adopted, for the following reasons :—: —

1. Beca\ise the injunctions are limited, to prevent the Board "from opening or disposing of, or attempting to open or dispose of, any of the lands comprised in the said Heriot Hundred Run, in so fur as the same affmts or includes any land forminy part of the plaintiff* run ;" but, inasmuch as the plaintiff's lease was determined by the Proclamation which constituted the Hundred, none of the lands to be opened to-morrow are now included in the plaintiff's run, and consequently the injunction cannot apply to the lands advertised to be open for application on deferred payments, in the Heriot Hundred, on the Gth inst. 2. That lands referred to, having been proclaimed and set apart by the Superintendent in terms of the 47th section of the Otago Waste Lands Act, 1872, I do not find that there is any power either in the Chief Commissioner or the Wahte Lands Board to interpose to prevent the receipt of applications by the District Officer. The first action that can be taken by the Board is that provided in section 52a, which empowers the Board to refuse to grant a license, and I cannot see how the injunction can operate to prevent the Waste Lands Board from opening or disposing of the land under the 47th section of the Act, inasmuch as all the powers under that section of the Act are vested not in the Board, but in the Superintendent and Provincial Council. The lands have already been proclaimed, and a day fixed for the receipt of applications, and there does not appear to be any authority conferred by the Act to prevent tbe receipt of the applications on the day named in the proclamation. Under these circumstauces, it appears to m<? that there is no power to prevent the receipt of applications by the " District Officer. " Should the Chief Commissioner hold a different opinion, I would respectfully requpst that a special meeting of the Board be convened to consider the question, as I fear that any refusal on the part of the District Officer to receive applications will be. certain to lead to litigation. — lam, &c,

D. Reid.