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1.—4

1882. NEW ZEALAND.

REPORTS OF THE WASTE LANDS COMMITTEE. (Mr. FULTON, CHAIRMAN.)

Presented to the House of Representatives, and ordered to be printed.

INDEX.

A. NO. PETITION. PAGKE 372 Arnold, Theodore ... ■•■ ••• 4 B. 267 Ban*, Robert, and Others ... ...- •■• 3 21 Bay of Islands County Council ... ... 1 77 Bowes, John ... ... ••• ••• " 248 Bronnan, Patrick ... ... ... ■•• 6 62 Brunton, Herbert ... ■■• ■■• 2 170 Bryers, John ... ... ... •■• 3 Business of the Committee, Resolution ... 3 c. 108 Campbell, James ... ■•• ••• ■•■ 1 334 Caversham, Corporation 0f... ... ••• 6 439 Chisholm, John, and Others ... ■■• 7 169 Cochrane, Robert ... ... ... ••• 3 432 Connelly, Charles... ... ... ••• 8 421 Cormaek, David, and Others ... ... 8 285 Courtney, William (Vide also 1.-48.) ... 4 35 Cunningham, R., and Others ... ... 1 290 Cunningham, R.,-and Others (No. 2) ... 3 D. 103 Deeble, William ... ... ... ■•■ 2 Deferred-Payment Settlers ( Vide also 1.-4A.)... 3 Deferred-Payment Settlers' Relief Bill (Vide also 1.-4A.) ... ... •■• ••■ 3 107 Dillon, Honora, and Margaret ... ... 1 Disposal of Pastoral Lands Bill (Vide also 1.-__.) 4 100 Durton, Thomas D., and Others ... ... 3 F. 475 Fagg, Peter Pope (Vide also 1.-4E.) ... ... 9 30 Faulkner, Elijah James ... ... ■■■ 2 468 Fergusson, Annie ... ... ... ••• 9 . 424 Flighty, A. and S. ... ... ••• 7 G. 402 Gibbons, John ... ... ■■■ •■• 6 391 Grace, David ... ... ... ••• 6 356 Graham, Robert (No. 6) ... ••• ••• 5 395 Greensmith, Joseph ... ... ... 6 H. 322 Hair, Thomas George ... ... ... 5 220 Harrison, William John ... ... ... 3 263 Hartstonge, James, and Others ... ... 3

NO. PETITION. TAffE 300 Heath, Thomas, and Others ... ... 5 348 Hodgson, William, and Others ... ... 5 33 Hokianga County Council ... ... 1 192 Howell, George, and Another ... ... 7 251 Hunt, John ... ... ... ... 2 K. 293 Eahutia, Ripcrata, and Another ... ... 5 481 liilcolly, John ... ... ... 9 476 Xing, George ... ... ... ... 9 465 King-ley, H. L.... ... ... ■•• 9 L. 132 Lake, Thomas ... ... ... ... 2 Land Act Amendment Bill ... ... 7 Land Boards Bill ... ... ... 4 303 Lennox, N. G., and Others ... ... 3 348 Lindsay, William, and Others ... ... 5 347 Linn, James ... ... ... ... 5 423 London, H. W. ... ... ... ... 7 M. 109 McDonald, John ... ... ... 1 459 McGregor, James, and Another ... ... 8 155 Mclntyre, James, and Others ... ... 2,8 147 McKinnon, A., and Others ... ... 3 113 Mongonui County Council ... ... 1 385 (1881) Mumford, William ... ... 1 404 Munro, Michael ... ... ... 6 N. 484 New Plymouth Harbour Board (Vide also 1.-4c.) ...9,10 0. 401 O'Hare, Edward ... ... ... 6 P. 462 Packman, Joseph, ar.d Others ... ... 8 463 Parsons, F. J., and Others ... ... 8 453 Phillips, Jane M. ... ... ... 7 E. 286 Eayner, George ... ... ... 3 411 Eeadding, Isaac ... ... ... 6 247 Redmond, J. J. and Others ... ... 2

1.—4.

NO. PETITION. PAGE Resolution relative to Business of the Committee ... ... ... ... 3 351 Eiley, Samuel, and[Others (Vide also 1.-4d.) ...9,10 293 Eiperata Kahutia and Another ... ... 5 324 Rudd, Joseph ... ... ... ... 7 s. 29 Simpson, Catherine ... ... ... 1 136 Sissons, Richard, and Others ... ... 2 341 Skeat, James, and Others ... ... ... 4 456 Skinner, W. H. ... ... ... ...8,10 124 Smith, H., and Others ... ... ... 3 434 South, Patrick ... ... ... ... 7

NO. PETITION. PAGE Special Powers and Contracts Bill ... ... 8 292 Speechy, Thomas ... ... ... 3 T. 431 Taylor, Thomas ... ... ... 7 262 Telford, George, and Others ... ... 3 278 Thwaites, Thomas ... ... ... 3 w. 207 Wade, Thomas and William ... ... 2 212 Waimate, Mayor of, and Others ... ... 2 287 Wallis, T. L. ... ... ... ... 3 328 Wason, J. C. ... ... ... ... 4 19 Whangarei and Other County Councils ... 1 412 Williams, William ... ... ... 6

II

1.—4.

1882, NEW ZEALAND.

Presented to the House of Representatives, and ordered to be printed.

Nos. 19, 21, 33.—Petitions from the Whangaeei County Council, the Bay of Islands County Council, and the Hokianga County Council. The Waste Lands Committee, to whom were referred the above petitions, praying for endowment from the land revenue, have directed me to report that, in so far as the prayer of the petitioners relates to a question of public policy, this Committee have no report to make. 6th June, 1882.

No. 29. —Petition of Catheeine Simpson. The Waste Lands Committee, to whom was referred the above petition, praying to be allowed to exercise land scrip which had lapsed, have directed me to report that petitioner having forfeited her claim, this Committee see no reason to interfere. 6th June, 1882.

No. 35. —Petition of E. Cunningham and Others (No. 1). The Waste Lands Committee, to whom was referred the above petition, praying for reductions in the" price of sections leased on deferred payments, have directed me to report that they are of opinion that the petitioners have no claim. 6th June, 1882.

No. 113.—Petition of Mongonui County Council. The Waste Lands Committee, to whom was referred the above petition, praying for an endowment of land, have directed me to report that, being a question of public policy, the petition be referred to the Government for consideration. 20th June, 1882.

No. 109.—Petition of John McDonald. The Waste Lands Committee, to whom was referred the above petition, praying for relief in consequence of the encroachment of the sand from the West Coast, have directed me to report that the petitioner has no claim on the Government. 20th June, 1882.

No. 385 of 1881.—Petition of William Mumeoed. The Waste Lands Committee, to whom was referred the above petition, praying for a grant of land as a Volunteer, have directed me to report that the petitioner has no claim. 20th June, 1882.

No. 107.—Petition of Honoea Dillon and Maegabet Dillon. The Waste Lands Committee, to whom was referred the above petition, praying for grants of land as the children of a military settler, have directed me to report that the petitioners have no claim. 20th June, 1882.

No. 108. —Petition of James Campbell. The Waste Lands Committee, to whom was referred the above petition, praying for a grant of land as a discharged soldier, have directed me to report that, the petition having been already dealt with, the Committee have no report to make. 20th June, 1882.

1—I. 4

REPORTS OF THE WASTE LANDS COMMITTEE. (MR. FULTON, CHAIRMAN.)

1.—4

2

No. 136.—Petition of Eichaed Sissons and Others. The Waste Lands Committee, to whom was referred the above petition, praying the Government to frame a Bill enabling it to deal with any individual or company prepared to purchase the Wairua Swamp and drain it, have directed me to report that the petition be referred to the Government for their favourable consideration. 27th June, 1880.

No. 132.—Petition of Thomas Lake. The Waste Lands Committee, to whom was referred the above petition, praying for a grant of land on account of a wound received in action against the Maoris, have directed me to report that they consider the petitioner has no claim. 27th June, 1882.

No. 30. —Petition of Elijah James Faulkneb. The Waste Lands Committee, to whom was referred the above petition, praying for land scrip for services rendered during the Waikato campaign, have directed me to report that the Naval and Military and Local Forces Land Claims Commission having rejected the petitioner's claim, the Committee see no reason to open the question. 11th July, 1882.

No. 62. —Petition of Heebeet Beunton. The Waste Lands Committee, to whom was referred the above petition, praying for grant of land, he having paid his own passage to New Zealand, have directed me to report that, after inquiry, the Committee consider that the petitioner has no claim on the Government. 11th July, 1882.

No. 77. —Petition of John Bowes. The Waste Lands Committee, to whom was referred the above petition, praying for a grant of land as a military settler, have directed me to report that the Naval and Military and Local Forces Land Claims Commission having rejected the petitioner's claim, the Committee see no reason to open the question. 11th July, 1882.

No. 155. —Petition of James Mclntyee and Others. The Waste Lands Committee, to whom was referred the above petition, praying for right-of-way between petitioners' lands and the railway at Onehunga, have to report that the prayer of the petitioners was granted in the proper manner. (See Gazettes No. 47, 16th June, 1881, and No. 61, 28th July, 1881.) 11th July, 1882.

No. 212. —Petition of the Mayoe of Waimate and Others. The Waste Lands Committee, to whom was referred the above petition, praying that Section 143, Waimate Survey District, containing seventy-five acres, gazetted for sale at Christchureh in one block; may be Cut up into sections of five to ten acres, and sold at Waimate instead^of at Christchureh, have directed me to report that this Committee recommend that the prayer of the petitioners be granted. 18th July, 1882.

No. 103.—Petition of Willian Deeble. The petitioner states that he applied for 300 acres under " The Land Act, 1877," Waikanau Block, Tapu District, which was granted, and occupied by him ; he was afterwards informed that the Land Board at Auckland had decided that the land had been given to a prior applicant, and that he was compelled to abandon his improvements, &c. He prays for redress. I am directed to report that, in the opinion of this Committee, the petitioner has no claim. 18th July, 1882.

No. 207. —John Thomas Wade and William Wade. The Waste Lands Committee, to whom was referred the above petition, praying for a grant of 3,000 acres of land alleged to have been granted thirty years ago by Paora Katipa to petitioners' father, have directed me to report that, in the opinion of the Committee, the petitioners have no claim. 19th July, 1882.

No. 247.—Petition of J. J. Eedmond and Others. The Waste Lands Committee, to whom was referred the above petition, praying for grants of land as military settlers, have directed me to report that the case of the petitioners having been dealt with by the Naval and Military and Local Forces Land Claims Commission, the Committee see no reason to reopen the case. 25th July, 1882.

No. 251.—Petition of John Hunt. The Waste Lands Committee, to whom was referred the above petition, praying for a grant of land as a military settler, have directed me to report that the case of the petitioner having been dealt with by the Naval and Military and Local Forces Land Claims Commission, the Committee see no reason to reopen the case. 25th July, 1882.

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No. 278. —Petition of Thomas Thwaites. The Waste Lands Committee, to whom was referred the above petition, praying for a grant of land as a Coast Guard Volunteer, have directed me to report that, the case of the petitioner having been dealt with by the Naval and Military and Local Forces Land Claims Commission, the Committee see no reason to reopen the case. 25th July, 1882.

Nos. 286 and 292. —Petitions of Geoege Raynee and Thomas Speechy. The Waste Lands Committee, to whom were referred the above petitions, praying for grants of land for services rendered as Volunteers, have directed me to report that, in their opinion, there is no evidence to show that the petitioners have any claim. 25th July, 1882.

No. 287.—Petition of T. L. Wallis. The Waste Lands Committee, to whom was referred the above petition, praying for a grant of land as compensation for losses sustained during the Waikato war of 1863 and 1864, have directed me to report that there is no evidence to show that the petitioner has any claim..' 25th July, 1882.

No. 220. —Petition of William John Haeeison. The Waste Lands Committee, to whom were referred the above petitions, praying that the Governor's consent may be withdrawn, and Crown grant not issued to W. W. Masters for Section 5, Nevis District, part of Run No. 354, held under lease by the petitioner, have directed me to report that the petition be referred to the Government for its favourable consideration. 25th July, 1882.

Nos. 169 and 170. —Petitions of Robeet Cocheane and John Beyees. The Waste Lands Committee, to whom were referred the above petitions, praying that Crown grants may be issued for land at Herd's Point, occupied by the petitioners, have directed me to report that, in their opinion, the petitioners have no claim. 31st July, 1882.

No. 303.—Petition of N. G. Lennox and Others. The Waste Lands Committee, to whom was referred the above petition, praying that the station-ground at New Lynn Railway-station be not leased for brick-making purposes, have directed me to report that, the land having been already leased by the Government, the Committee see no reason to disturb the action of the department. 31st July, 1882. .

Resolution Repoeted to the House. The Waste Lands Committee have directed me to report the following resolution to the House: " The Waste Lands Committee, in view of the material change in the Standing Orders effected by resolution in the House, and of the opinion as expressed thereon last night, Resolves, That the public Bills and private petitions inpinging on questions of policy ought not to be taken into further consideration until an opportunity has been afforded to the House of either appointing a new Committee, or of issuing specific instructions in regard to the several matters of business referred to it." Ist August, 1882.

Defeeeed-Payment Settlees' Relief Bill, 1882. The Waste Lands Committee, to whom was referred the above Bill, have directed me to report that the Committee have given careful consideration to the Bill for relieving deferred-payment settlers, and taken valuable evidence bearing on the subject. Interpreting, however, the desire of the House, as expressed by its resolution of the 31st July, that questions of public policy relating to the waste lands of the Crown should not stand referred to this Committee, and finding that this Bill is of that character, they beg to report the Bill to the House without recommendation. Ist August, 1882.

Defeeeed-Payment Settlees' Belief Bill (Report No. 2). The Waste Lands Committee, to whom was referred the Deferred-payment Settlers' Relief Bill, have the honor to report that, after taking evidence as to the working of the deferred-payment system, the Committee are of opinion that the provisions of this Bill do not meet the requirements of the case, — (1.) Because the proposed mode of securing relief would be found cumbersome in practice; (2.) Because the mode of obtaining relief would be costly, as involving heavy law expenses to applicants; (3.) Because it is specially objectionable, as establishing a comparatively inexperienced Court to review the decisions of a responsible department having both experience and practical training to guide it. 3rd August, 1882.

Defebeed-Payment Settlees. The Waste Lands Committee, to whom was referred the following petitions, viz.: Nos. 100, Thomas D. Durton and Others; 124, H. Smith and Others; 147, A. McKinnon and-Others; 262, George Telford and Others; 263, James Hartstonge and Others; 267, Eobert Barr and Others ; 290, R. Cunningham and Others (No. 2) have the honor to report that the case of a number of the petitioners is

_L t " "*"__i

4

deserving of consideration at the hands of the Legislature, so as to enable them to fulfil their engagements, and, with this view, the Committee hopes to submit suggestions when its report on the Government Land Bill is brought up. 3rd August, 1882.

Land Boabds Bill. The Waste Lands Committee, to whom was referred the above Bill, are of opinion that the proposed change, by which the Waste Lands Boards would become elective bodies, would in several cases involve reconstitution of districts and other changes in the existing land law which could not be effected hastily without creating confusion and causing considerable extra expense. They are of opinion that the question should be further considered by the Government in the recess, with the view of ascertaining whether any plan can be devised by which a representative character should be secured to these Boards, where they continue to exist, without diminishing the responsibility to Parliament of the Ministerial head of the department. 4th August, 1882.

Disposal of Pastobal Lands Bill. The Waste Lands Committee, to whom was referred the above Bill, having taken evidence upon the subject, have duly considered the Bill. lam directed to report: From the evidence before the Committee, it appears that, with the exception of the pastoral leases in Otago, which fall in in February, 1883, the provisions of this Bill would be practically inoperative for the next eight years ; (2) that, with the exception of the provision which limits the tenure of pastoral land to ten years, the runs falling in next year can be advantageously dealt with under the law at present in force ; (3) that the Committee will recommend an amendment in the Government Land Bill, having for its object an extension of tenure in respect of purely pastoral lands. 4th August, 1882.

No. 328.—Petition of J. C. Wason. The petitioner states that he is a farmer in the Ashburton County, and, having planted 125 acres with pines and deciduous trees, he applied to the Christchureh Waste Lands Board for a grant of land in respect thereof, in terms of " The Forest Trees Planting Encouragement Act, 1871," but the Board declined to receive his application. He then appealed to the Supreme Court, the Judge of which considered him entitled to receive 250 acres, and, having selected land to that extent, the Board duly forwarded his application to the Government, who, however, refused to grant it. He now prays for relief. lam directed to report: That, as the subject matter of Mr. Wason's petition is one of law, and as a Judge of the Supreme Court has given a judgment on the point, your Committee recommend that the Government should accept the Judge's interpretation of " The Forest Trees Planting Encouragement Act, 1871," and grant Mr. Wason's application. Bth August, 1882.

No. 372.—Petition of Theodoee Abnold and Others. The petitioners are village settlers of South Rakaia under the deferred-payment system, and state that no commonage reserve has been made, as was proposed, for such settlements. They therefore pray that fifty acres may be set apart for the use of bond fide village settlers, and vested in either the South Rakaia Road Board or the Ashburton County Council. lam directed to report: That the petition be referred to the Government. Bth August, 1882.

No. 341.—Petition of James Skeat and Others. The petitioners took up and occupied on the deferred-payment system sections in Block XL, Te Aroha (Waitoa), Provincial District of Auckland, under a promise that the land would be drained by the Government. The drains, however, when completed, were found quite inadequate to carry off the water, and the petitioners are consequently unable to fulfil the conditions of their tenure. They pray that the lands may be properly drained, so that they may beneficially occupy them. lam directed to report: That the petition be referred to the Government for their favourable consideration. Bth August, 1882.

No. 285. —Petition of William Couetney. The case of the petitioner is that, in 1876, he took up on the deferred-payment system three allotments in the Taranaki Land District, and expended thereon £220 ; but owing to the depression caused by the unsettled state of Native affairs he became unable to continue the payment of his instalments, and so forfeited his selection. Subsequently he became the transferee of a section at Opunake, taken up on deferred-payments by one Walton Pell, who, from ill-health, had failed to comply with the conditions of his license. The Commissioner of Crown Lands at Patea declined to transfer this section to the petitioner upon the grounds that petitioner, having already held and forfeited one section, was ineligible as the holder of another; and, further, that the transferror, Walton Pell, being himself a defaulter, was not in a position to transfer his interest. lam directed to report: That the Committee is unable to recommend compliance with the petition, inasmuch as it would thereby|be establishing a precedent which would virtually set aside the provisions laid down by the Legislature for the disposal of land on deferred payments. Bth August, 1882.

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No. 293. —Petition of Ripeeata Kahutia and Another. The petitioners state that in 1869 Block 11., Turanganui, containing 741 acres, was awarded to them, by whom it was afterwards sold to tho Government. When the land was subsequently cut into sections, sold, and fenced off by the purchasers, petitioners became aware that about 109 acres had been disposed of by the Government outside the Turanganui Block, No. 11., and, after satisfying themselves respecting this by means of new surveys, they applied for an investigation into the matter by the^Native Land Court; but although the case was twice gazetted and twice called on for hearing, the inquiry has never yet taken place. They state that the grant had, nearly ten years after the award, been altered without their knowledge, so as to include the 109 acres, and that the original grant, survey, award, and 'purchase, were of 741 acres, and not of 850 acres. They now pray that the Native Land Court may be directed to make a full inquiry into the matter, and ask for such relief as may appear just. lam directed to report: That the Committee find that the case is exceedingly involved and complicated, and resolves that under the circumstances the Government be recommended to take such action as shall fix the actual point of Taumata-a-Ruku, until which point bo determined the Committee is unable to arrive at any decision. Bth August, 1882.

No. 348. —Petition of William Hodgson and Others. The petitioners are deferred-payment selectors and agricultural settlers in the Otago Provincial District, and complain generally of the oppressive provisions of the Land Act and of " The Crown Lands Sale Act, 1877," and the unsatisfactory conditions under which their land is held or acquired. They direct the attention of the Legislature to an amending Land Act prepared by one John Aitken Connell, and pray for relief. lam directed to report: That the case of a number of the petitioners is deserving of consideration at the hands of the Legislature, so as to enable them to fulfil their engagements ; and with this view tho Committee hopes to submit suggestions when the report on the Government Laud Bill is brought up. Bth August, 1882.

No. 385.—Petition of Wm. Lindsay and Others. The petitioners applied for sections on deferred payments of Bun No. 106, County of Tuapeka, which was thrown open for selection, but they were outbidden at the sale and they believe that the successful competitors in some cases are owners of more than 640 acres, and in others were employed by the late lessee of the run. They consider that some of the purchasers are not bond fide selectors, and they pray for an inquiry into the matter. lam directed to report: That the attention of the Government be directed to the allegations in the petition, with a view to seeing that the regulations are enforced. Bth August, 1882.

No. 300.—Petition of Thomas Heath and Others. The petitioners state that the leases of a large area of land in the Waikaia Valley, set apart as an education endowment and suitable for settlement, will expire in 1883-84 ; and that the land has been leased by the Education Commissioners for twenty-one years, and has not yet been proclaimed open for settlement. They consider that the manner in which the land has been surveyed and leased is detrimental to the sale or lease of land adjoining and prejudicial to tho interests of the district, and they request an investigation into the manner in which such Linda have been dealt with. lam directed to report: That the matter is deserving consideration at the hands of the Legislature, and with this view the Committee hopes to submit suggestions when its report on the Government Land Bill is brought up. Bth August, 1882.

No. 322. —Petition of Thomas Geoege Hate. The petitioner states that in 1815 he was taken from remunerative employment at the Bay of Islands to join in military service in the capacity of bullock-driver, and that an application he had made for a grant of land had been refused. He is now sixty-seven years of age, in painfully distressed circumstances, and unable to work, and he prays for relief. lam directed to report: That the petitioner has no claim. Bth August, 1882. ___^___^

No. 347.—Petition of James Linn. The petitioner arrived in the colony in. 1861, belonging to the 4th Brigade Royal Artillery, and served seven years at Taranaki and in the Waikato. He then retired from the service and became a settler, and he now prays for a grant of sixty acres of land. lam directed to report: That the petitioner has no claim. - 11th August, 1882.

No. 356.—Petition of Eobeet Geaham (No. 6). The petitioner states that in 1815 he purchased certain land at Ellerslie, Auckland, from a European, in whose favour the right of pre-emption had been waived. The land was properly surveyed and adjudicated upon, and five shillings an acre paid by the petitioner to the Government, but when the Crown grant was issued it appeared that fifty acres of the land purchased had been omitted therefrom. Petitioner prays for relief. lam directed to report: That the petitioner has failed to establish any claim. 11th August, 1882.

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No. 334. —Petition of the Cobpoeation of Caveesham. The petitioners state that the main drain runs through Government land in which are erected Government workshops, barracks, and other public buildings, and that the water is carried off by a ditch which is unfenced and dangerous. Petitioners pray the Government to construct a covered-in and properlybuilt sewer through the Government land. I am directed to report: That the petition be referred to the Government for their favourable consideration. 16th August, 1882.

No. 248. —Petition of Pateick Beennan. The petitioner states he is a pensioner, and was awarded five acres of land at Howick, but there being no land available there he was granted 100 acres of other land in lieu thereof. He was on his way to Taranaki as a volunteer when the land was being given out, and subsequently, from sickness and other causes, he has been unable to make the necessary application for the land. He now prays for the land. _ lam directed to report: That there is no evidence before the Committee to show that the petitioner has any claim. 18th August, 1882.

No. 401.—Petition of Edwaed O'Haee. The petitioner states that he arrived in the colony, as a private soldier of the 65th Eegiment, in 1856, and was in several engagements. He has received no land grant, and prays for consideration and relief. lam directed to report: That, the case of the petitioner having been dealt with by the Naval and Military and Local Forces Land Claims Commission, this Committee see no reason to reopen the case. 18th August, 1882.

No. 391. —Petition of David Geace. The petitioner states that he arrived^n New Zealand, as a private soldier of the 40th Eegiment, in 1860, and was engaged in active service until 1865. He has not received any land grant, and now prays that his claim may be considered and relief granted him. lam directed to report: That, the case of the petitioner having been dealt with by the Naval and Military and Local Forces Land Claims Commission, this Committee see no reason to reopen the case. 18th August, 1882.

No. 402.—Petition of John Gibbons. The petitioner states he was engaged in military service in various capacities, and applied for a grant of land to the Volunteer Land Commission, which rejected his claim. He now prays for a grant of sixty acres of land, or a rehearing of the case. lam directed to report: That, the case of the petitioner having been dealt with by the Naval and Military and Local Forces Land Claims Commission, this Committee see no reason to reopen the case. 18th August, 1882.

No. 411. —Petition of Isaac Eeadding. The petitioner states that he served with the 65th Eegiment, and obtained a land order, which he lost He applied to the Volunteer Land Commission, but could get no satisfaction, and now prays for a grant of land. lam directed to report: That, the case of the petitioner having been dealt with by the Naval and Military and Local Forces Land Claims Commission, the Committee see no reason to reopen the case. 18th August, 1882.

No. 412.—Petition of William Williams. The petitioner states that he served with the 58th Regiment in New Zealand for nearly thirteen years, and for sixteen years with the Colonial Volunteers and Constabulary. He applied to the Volunteer Commission for a grant of land, but his claim was rejected because he did not apply prior to 1861. He now applies for land compensation for his services. lam directed to report: That, the case of the petitioner having been dealt with by the Naval and Military and Local Forces Land Claims Commission, this Committee see no reason to reopen the case. 18th August, 1882.

No. 404.—Petition of Michael Muneo. The petitioner states that he arrived in the colony with the 58th Regiment as a private soldier in 1845 and purchased his discharge in 1849. He was recommended for a grant of land by the Provincial Council of Auckland, but has never yet received it. He prays for consideration and relief. lam directed to report: That, the case of the petitioner having been dealt with by the Naval and Military and Local Forces Land Claims Commission, this Committee see no reason to reopen the case. 18th August, 1882.

No. 395.—Petition of Joseph Geeensmith. The petitioner states that he holds a certificate for sixty acres of rural land, dating from 1863, and that, being in the interior, he was unaware of the sitting of the Volunteer Land Commission. He now wishes to select his land, and prays for favourable consideration of his case. lam directed to report: That, the petitioner having failed to exercise his scrip for nineteen years, the Committee is of opinion that the claim cannot now be entertained. 18th August, 1882.

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The Land Act 1877 Amendment Bill. The Waste Lands Committe, to whom was referred the above Bill, have the honor to report that, after having carefully considered it, they recommend that it be allowed to proceed, with the amendments as shown upon the copy of the Bill hereto attached. 18th August, 1882.

No. 192.—-Petition of Geoege Howell and Another. The petitioners state that they are the sons of one John Howell, now deceased, and they claim thirty one acres of land in the Jacob's River Hundred, which was granted to their father by Mr. W. B. D. Manteli. The Land Claims Commissioner to whom they originally applied refused to issue a Crown grant because it was not applied for during their father's lifetime. They pray for the land or for compensation. lam directed to report: That the Committee is of opinion that the claim is just, and recommend that the Government should arrange the matter accordingly. 25th August, 1882.

No. 423.—Petition of H. W. London. The petitioner states that he served as a Volunteer in the Pahautanui Rifle Corps for over five years, and prays that his claim for a grant of land may receive consideration. lam directed to report: That the petitioner has no claim. 30th August, 1882.

No. 424. —Petition of A. and S. Flighty. The petitioners apparently have two distinct claims: one being for their own military services and the other in respect of the purchase of a land scrip from one Patrick Barney, who died before the transfer was made, and on account of which they had paid £9 15s. They submitted their claim to the Volunteer Land Commission, who rejected it, and they now pray for further consideration. lam directed to report: That, the case of the petitioners having already being dealt with by the Naval and Military and Local Forces Land Claims Commission, this Committee see no reason to reopen the case. 30th August, 1882.

No. 453. —Petition of Jane M. Phillips. The petitioner states that certain land belonging to her at Tarihai River, Bay of Islands, was absorbed by Government purchases, and that proposals were made to her by the Auckland Waste Lands Board to accept a substituted piece of land, but the Crown grant has never yet been issued to her. She prays that such Crown grant may now be issued to her in exchange for the land she has been deprived of. lam directed to report: That the Government be requested to act in accordance with Mr. Tole's recommendation as minuted on the departmental papers. 30th August, 1882.

No. 431. —Petition of Thomas Tayloe. The petitioner states that his wife, before his marriage, was entitled to a land order which she received and lost during the passage out to New Zealand, and he prays for the issue of a new order for forty acres of land to which his wife is entitled. lam directed to report: That this petition be referred to the Government for consideration. 30th August, 1882.

So. 324. —Petition of Joseph Rudd. The petitioner states that he is the owner of allotment No. 107, parish of Mangatawhiri, Auckland, and he had fenced his land to the boundary-pegs corresponding to the measurement set forth in his Crown grant. He received notice from the Paparata Road Board that his said fence encroached upon a public road, and upon investigating the matter in the Land Office, Auckland, it appeared that the plan there registered did not correspond with that upon his Crown grant. He moved his fence at the Board's request, and by doing so he has lost ten acres of the best of his land, and incurred an expense of £51 10s. for fencing and surveys. He prays for relief. lam directed to report: That the petition be referred to the Government for consideration. 30th August, 1882.

No. 439.—Petition of John Chisholm and Others. The petitioners are deferred-payment selectors and agricultural settlers in the Provincial District of Otago, and they complain generally of the harsh conditions of their tenure, and pray for relief. lam directed to report: That the case of the petitioners is deserving consideration at the hands of the Legislature, so as to enable them to meet their engagements. 30th August, 1882.

No. 434. —Petition of Pateick South. The petitioner states that he served with the 58th Regiment, and in other capacities, in defence of the colonies, and he has since become a settler. He considers he is entitled to a grant of land, and prays for relief. lam directed to report: That the petitioner has no claim. 30th August, 1882.

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No. 432.—Petition of Chables Connelly. The petitioner states that he served in the Opotiki Cavalry Corps from December, 1868, to June, 1874> and claims to be entitled to scrip or grant of land^after five years' service. He submitted his claim to the Volunteer Land Claims Commission, by whom it was rejected, and he now prays that the land may be granted. I am directed to report: That the case of the petitioner, having already been dealt with by the Naval and Military and Local Forces Land Claims Commission, this Committee see no reason to reopen the case. 30th August, 1882.

No. 155.—Petition of James Mclntyee and Others (Report No. 2). The petitioners state that they are owners of certain properties at Onehunga, and that the construction of the railway deprived them of their water-frontages. They pray that they may be granted a right-of-way through a piece of Government land at the rear of their premises. lam directed to report: That the Committee is unable to recommend that the prayer of the petition be granted. 30th August, 1882.

The Special Powees and Conteacts Bill. The Waste Lands Committee, to whom was referred the above Bill, have the honor to recommend that the Bill be allowed to proceed, with the amendments as shown upon the copy of the Bill hereto attached. 30th August, 1882.

No. 462.—Petition of Joseph Packman and Others. The petitioners are deferred-payment selectors and agricultural settlers in the Provincial District of Otago, and they complain of the harsh conditions upon which their land is held. They pray for relief. lam directed to report: That the case of the petitioners is deserving consideration at the hands of the Legislature, so as to enable them to fulfil their engagements. 31st August, 1882.

No. 459. —Petition of James McGeegoe and Another. The petitioners state that although they were both born in the colony, they have never received a grant of land and they pray for relief. lam directed to report: That petitioners have no claim. 31st August, 1882.

No. 421.—Petition of David Coemack and Others. The petitioners, who are residents of the Borough of Roxburgh and Teviot and James Ridings, state that the Mount Benger Commonage is within the control of the Tuapeka County Council, which has not acted impartially in regard to it; and that, owing to the County Council's mismanagement, stockowners have been compelled to dispose of their stock at a sacrifice. They therefore pray that the Mount Benger Common may be withdrawn from the control of the county and vested in local trustees, the management being directed by a committee to be elected annually from among the residents of the district. lam directed to report: That the petition be referred to the Government, with a recommendation that enquiry be made into the merits of the case, and such action taken as may be deemed necessary. 31st August, 1882.

No. 463.—Petition of P. J. Paesons and Others. The petitioners state they are the owners of properties adjoining Railway Reserve No. 376, near Sefton, and they complain that, owing to the reserve having become overgrown with gorse, the resort of rabbits and stray cattle, it has become a source of;'annoyance and expense to them. They pray that they may be allowed to purchase the reserve, which they are prepared to plant with trees. I am directed to report : That the petition be referred to the Government, with a recommendation that inquiry be made into the merits of the case, and such action taken as may be deemed necessary. 31st August, 1882.

No. 456. —Petition of W. H. Skinnee. The petitioner states that he joined the Taranaki Volunteers in 1859, and served throughout the Taranaki war, and that he lost his eyesight through exposure during service, for which he received a pension. He served over six years, and received the New Zealand War Medal. Owing to the loss of his sight he was unaware that scrip was granted instead of land. The Volunteer Land Commission rejected his claim on the ground that it was not sent in in time. He prays for relief. lam directed to report: That, the case of the petitioner having already been dealt with by the Naval and Military and Local Forces Land Claims Commission, this Committee see no reason to reopen the case. 31st August, 1882.

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No. 468.—Petition of Annie Feegusson. The petitioner states she was the wife of colour-sergeant of the 58th Eegiment, now deceased, who served during the war of 1845-6, and was wounded. He became a settler in Auckland until his death in 1877, leaving petitioner with a family. Her husband never received a grant of land, and she prays for eighty acres for the benefit of her children. lam directed to report: That, as there is not sufficient evidence before the Committee to substantiate petitioner's claim, her petition be referred to the Government to deal with. 31st August, 1882.

No. 465. —Petition of H. L. Kingsley. The petitioner states that he is a pensioned Sergeant-major of Horse Artillery ; and he was entitled to a land grant upon application within twelve months of his discharge. He was discharged on the 21st June, 1863, and made personal application for his grant in February, 1864 ; but his papers had not then arrived. He subsequently applied in writing and forwarded his papers, but received no reply. He prays for a favourable consideration of his case. I am directed to report : That, the claim of the petitioner having been recommended by the Naval and Military and Local Forces Land Claims Commission, the petition be referred to the Government. Ist September, 1882.

No. 481. —Petition of John Kilcolly. The petitioner states that he arrived in the colony in the year 1860 with his regiment, and was discharged in 1867, since which time he has acted in defence of the colony in various services. He submitted his claim to the Volunteer Land Commission, who rejected it; and now presents it in fuller detail, and prays for a further inquiry. lam directed to report: That the petitioner has no claim. 4th September, 1882.

No. 476. —Petition of Geoege King. The petitioner states that he arrived in the colony in 1856, with the 14th Eegiment, and obtained his discharge in 1865 in order to become a settler, fie was informed that he must apply for his land grant at Wellington, and that he could do so at any time. Subsequently he served as a Volunteer in various capacities in the defence of the colony, and upon making application for his land scrip he was informed that he was too late. He states that the Eoyal Commission rejected his claim because he had not remained in Auckland, and he urges that such objection was insufficient. He prays for a grant of land. lam directed to report: That the petitioner has no claim. 4th September, 1882.

No. 475. —Petition of Petee Pope Fagg. The petitioner states that in 1873 he purchased at a Government land sale, by auction, Section No. 4i3, Palmerston, for the sum of £195, of which he paid on account £30, and for that sum he produces the Provincial Treasurer's receipt. He has since cleared and laid down in grass about seventy acres of the land, and expended altogether about £400 in improvements; and, finally, fully relying upon his purchase, sold the property to one James Fowler, who has been in occupation some four years, and who has built a house upon the section, put up a hundred chains of fencing, and made further valuable improvements. Petitioner has tendered the balance of the purchase-money to the authorities, who however declined to accept it, or to grant him the land, on the ground that he had failed to comply with the conditions of purchase. He is unawrare of any special conditions connected with the purchase, and he is still prepared to pay the balance of purchase-money. He therefore prays for consideration and relief. I am directed to report: That the Committee is of opinion the prayer of the petitioner ought to be complied with, and it recommends accordingly, provided the original terms of agreement as toprice.be fulfilled. 6th September, 1882.

No. 351. —Petition of Samuel Riley and Others. The petitioners state that they are Crown tenants of the Colliery Reserve, Westport, and that irt 1874 the Provincial Government of Nelson awarded them the lands they now hold as compensation for their former holdings having been swept away. In 1877 the General Government imposed conditions of tenure of a harsh character, but which they were compelled to accept, as they had already built upon their sections. They pray that they may be relieved from the covenants they have entered into, and be allowed to purchase their holdings, or that they may be granted a permanent tenure at reduced rents, equal to the value of the lands when they settled upon them. lam directed to report: That there are no sufficient grounds for reversing the decision in this case which was arrived at by the Waste Lands Committee of last session. 6th September, 1882.

No. 484.—Petition of the New Plymouth Habboue Boaed. The petitioners state that certain lands on the foreshore at New Plymouth and the Mouut Eliot Reserve were granted in trust as an endowment for harbour purposes, and a loan was obtained for harbour construction for which these endowments formed formed part security. They complain that the Government, requiring the land for ranVay purposes, arbitrarily resumed possession of it, ignoring the public creditor whose security it had become ; and that this action not only frustrated the plans of the Board in respect to'its dealings with its endowments, but was, in principle, subversive of the

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constitutional rights of British subjects. They therefore pray that the Legislature will not lend its sanction to a principle so dangerous, and they ask for inquiry and relief. lam directed to report: That the Committee finds that the issue of the grant has been deferred pending the Public Works Department fixing the limits of the land required by it, and recommends that the attention of the Government be directed to the matter, with a view to that part of the reserve which is not required for railway purposes being conveyed to the Board. The Committee are of opinion that the Board has no claim for compensation against the Government, nor does it see how, under the provisions of " The Harbours Act, 1878," such claim could arise. 6th September, 1882.

No. 484. —Petition of the New Plymouth Haeboue Boaed (referred back to the Committee). The petitioners state that certain land on the foreshore at New Plymouth and the Mount Eliot Eeserve, were granted in trust as an endowment for harbour purposes, and a loan was obtained for harbour construction for which these endowments form part security. They complain that the Government, requiring the land for railway purposes, arbitrarily resumed possession of it, ignoring the public creditor whose security it had become ; and that this action not only frustrated the plans of the Board in respect to its dealings with its endowments, but was, in principle, subversive of the constitutional rights of British subjects. They therefore pray that the Legislature will not lend its sanction to a principle so dangerous, and they ask for inquiry and relief. lam directed to report: The previous report having been referred back to the Committee, the evidence of Mr. Kelly, M.H.E., has been taken and that of Mr. Eliott repeated. This evidence, which will be laid on the table, fully confirms the Committee in the conclusions previously arrived at. The Committee find that the issue of the grant has been postponed pending the Public Works Department fixing the limits of the land required by it; and recommends that the attention of the Government be directed to the matter, with a view to that part of the reserve which is not required for railway purposes being conveyed to the Board. The Committee are of opinion that the Board has no claim for compensation against the Government, nor do they see how, under the provisions of "The Harbours Act, 1878," such claim could arise. Bth September, 1882.

No. 351.—Petition of Samuel Eiley and Others (referred back to the Committee). The petitioners state that they are Crown tenants of the Colliery Eeserve, Westport, and that in 1874 the Provincial Government of Nelson awarded them the lands they now hold as compensation for their former holdings having been sw rept away. In 1877 the General Government imposed conditions of tenure of a harsh character, but which they were compelled to accept, as they had already built upon their sections. They pray that they may be relieved from the covenants they have entered into, and be allowed to purchase their holdings, or that they may be granted a permanent tenure at reduced rents, equal to the value of their sections when they settled upon them. I am directed to report: That the Committee, having taken additional evidence, is further strengthened in its opinion that the petitioners have been liberally and fairly dealt with in the past, and have no claim whatever against the Government. The Committee are also of opinion that, in view of the future requirements of the Government in respect of the use of the reserve in question for public purposes, it would be highly impolitic to allow the petitioners to acquire the freehold now sought by them. Bth September, 1882.

No. 456. —Petition of W. H. Skinner (referred back to the Committee). The petitioner states that he joined the Taranaki Volunteers in 1859, and served throughout the Taranaki war, and that he lost his eyesight through exposure during service, for which he received a pension. He served over six years, and received the New Zealand war medal. Owing to the loss of eyesight he was unaware that scrip was granted instead of land. The Volunteer Land Commission rejected his claim on the ground that it was not sent in in time. He prays for relief. I am directed to report : That the case of the petitioner having already been dealt with by the Naval and Military and Local Forces Land Claims Commission, this Committee see no reason to reopen the case. Bth September, 1882.

Authority : Geobge Didsbuey, Government Printer, Wellington.—lBB2.

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Permanent link to this item

https://paperspast.natlib.govt.nz/parliamentary/AJHR1882-I.2.2.5.9

Bibliographic details

REPORTS OF THE WASTE LANDS COMMITTEE. (Mr. FULTON, CHAIRMAN.), Appendix to the Journals of the House of Representatives, 1882 Session I, I-04

Word Count
8,077

REPORTS OF THE WASTE LANDS COMMITTEE. (Mr. FULTON, CHAIRMAN.) Appendix to the Journals of the House of Representatives, 1882 Session I, I-04

REPORTS OF THE WASTE LANDS COMMITTEE. (Mr. FULTON, CHAIRMAN.) Appendix to the Journals of the House of Representatives, 1882 Session I, I-04