The Land Act.

Taranaki Herald, Volume L, Issue 12195, 20 February 1903, Page 6

The Land Act.

ENFORCING THE SETTLEMENT

CONDITIONS.

The question of "Mr Courtney's sec- j lions came before the Land Board on > Tuesday. Mr Kerr, solicitor for Mr Courtney, who appeared on the latter's behalf. I submitted that although the Board's j decision in forfeiting the sections was | equitable and just, still there were t circumstances in connection with the case that he thought might lead the Board to remit the last payment made of £103 11/6, being the balance of arrears of rent. Mr Courtney had received no benefit whatever from his sections*; he had paid a large amount away in rent, and "financial troubles, chiefly in connection with the abattoir site, were the real^ cause of his not being able to improve the sections and pay his rent. As solicitor for Mr Courtney, he did not wish to question what the Board had done , in fact, they had been long-suffering, and reasonable, and the stand the Board had taken was unassailable in !aw or equity ; he thez*efore asked the Board's favoujpable consideration of his request. ; The Commissioner stated' that Mr Kerr and Mr Courtney had jjecentjy interviewed the Minister of Lands in his (Mr Mackenzie's) presence with a view to the mitigation of the Board's action. The Hon. T. Y. Duncan, having heard tTie facts, decided that it was not a case for his interference, and that the Board's action must be sustained. He (the Minister) was, however, prepared to consider favourably any remission of rent that' the Board might""" recommend , but the forfeiture must be upheld. The case was undoubtedly, a' bad one, as the mere arrears rent after all only constituted a minor part of the matter, and could have been largely overlooked. The persistent neglect either to reside or to carry, out ;the improvements was, the trouble that led to tho forfeiture, added to tho fact* admitted by Mr Courtney that he was a professional 1 speculator ii the broadest sense of the words, an-hough he (the Commissioner) must say Mr Courtney had. never atteWpted in this particular case either to pail; with his holding or speculate with it. It^ was more of an attempt to retainthe land and avoid residence and improvements. The law, however, had been fully vindicated. Mr Courtney's land had been forfeited by the Crown, and every penny of rent paid. This being so, the Board having been just might afford -to be merciful, and make a recommendation that one half of the last instalment of £103 31/6 should • be remitted. After - all the main desire was to prevent acts like this from being repeated", and that was why such extreme action was resorted to, rather than the penalising of the individual. Mr Eattenbury endorsed all that the Commissioner' had said and said he would be wanting in the discharge of his duty as a member of the Land' Board if cases like this could .be lightly treated. The conditions' of the Land Act must be strictly enforced as to residence and* improvements. The Board's- policyr. was, assistance and protection to genuine settlers; but treating \ in an exemplary man--?ier all evasions of. the spirit, of the Land . Act. The Board .having made an- example in this case, he, woufcl favour a remission,, of. rent. „ , Mr Heslop said that the surroundings of the case "were sucH that anything less than forfeiture was impossible, in justice to , others with, whom the Board had to deal, It was no.t Mr Courtney's; first offence. He recognised, however; that 'he. had been! a heavy loser, and on that account- j he would favour a remission of rent. ; • Mr Kerr thanked the Board for] \ their consideration, and said that his ] client would no doubt agree that his I ' .case had been liberally dealt with ; j Mr Courtney, it was needless to say*, had been a heavy loser, in the matter. He (Mr Kerr) recognised^ that Hhe Board had undertaken, a r veVy unpleasant task as a matter of sheer duty < and purely in the interests of •land settlement. The Board afterwards resolved that ,"as the law in this case has been fully vindicated, the Hon. Minister of Lands be recommended to refund * to Mr Ccurtney one half of the last payment of £103 11/6 < less the cost of collection."