ADMINISTRATION INQUIRY COMMITTEE.

H.—No. 1

7

Moved by Mr. J. C. Brown, That Mr. Sheehan and Mr. T. L. Shepherd be instructed to draw up a report embodying the resolutions. Carried. The Committee then adjourned sine die.

APPENDIX A. Case for the Opinion of the Attorney-General submitted by a Select Committee of the House of Eepresentatives. Counsel's attention is drawn to " The Otago Waste Lands Act, 1866," especially clause 123 of same. Also to " The Gold Pields Act, 1866," (clause 49), and the Agricultural Leasing Eegulations (Otago) made thereunder. Counsel is asked for his opinion on the following points :— Opinion. 1. Does " The Waste Lands Act, 1866," by the 1. There is no limit to the quantity of land pastoral lessees consenting to the suspension of that may be sold in one block in a hundred; and their leases, give power to tho Waste Lands consequently, as land over which a pastoral lease Board to sell blocks of land of unlimited dimen- exists may be sold, with consent of lessee, as if sions to them, included in the leases so suspended? included in a hundred, there is no limit to the quantity of land that may be sold outside a hundred, if lessee consents. (See section 83 of " Otago Waste Lands Act, 1866.") The land may be sold either to lessee or another person. 2. Admitting that the Waste Lands Board had 2. It would not be necessary to withdraw such such power, would it be necessary to withdraw land by Proclamation : See section 48 of " Gold lands intended to be sold, by Proclamation, from Eields Act, 1866," and section 123 of " Otago the gold fields before the same could be with- Waste Lands Act, 1866." By the first section drawn from the operation of the Gold Pields Act above referred to, it is provided that land within and the Eegulations made thereunder, and dealt a gold field cannot be dealt with under Waste with under the Waste Lands Act ? Lands law, except so far as the Waste Lands law specially authorizes such sale. The other section referred to—namely section 123 of Otago Waste Lands Law—does specially authorize it, if a pastoral lease does not exist, or has been cancelled or suspended. 3. Does the Gold Pields Act and the Eegula- 3. The answer to (2) answers also this. The tions made thereunder (attention is particularly land, though in a gold field, can be dealt with called to the 49th clause) prevent the Waste under the Waste Lands Act, without reference to Lands Board from disposing of land under the the provisions of the Gold Eields Acts or Eegulaprovisions of " The Otago Waste Lands Act, tions. 1866," and of dealing with such land, unless under the said " Gold Pields Act, 1866," and Eegulations ? 4. Counsel's attention is drawn to the fact that 4. As the 49th section of " The Gold Pields Act, the Gold Pields Act was passed after the Otago 1866," distinctly authorizes the dealing with lands Waste Lands Act, although both were passed on under the Waste Lands Acts, even without withthe same day ; and his opinion is asked as to drawal by Proclamation, the question raised is whether, in the event of a conflict taking place immaterial. Were this not so, I think that the land between them, the Gold Pields Act, being the could only have been sold under the Gold Pields most recent, will override the Waste Lands Act ? clauses, unless the land was withdrawn by Pro5. Counsel is asked whether he thinks the spirit clamation from the Gold Pields. and intention of the Bills have been violated by 5. I cannot say that there is anything expressed the Waste Lands Board, in selling to two persons in " The Otago Waste Lands Act, 1866," that blocks of land in excess of 200 acres—namely, shows an intention that the public should be in--50,000 acres and 20,000 acres ? formed of what land is open for sale, except in the case of surveyed land: See section 24. Nevertheless, it seems to me that the provisions of the Act, requiring that land shall be put up to auction if more than one person apply on the same day for the same land, suppose that the public at large shall have the opportunity of knowing whether land is open for sale. If by arrangement between the pastoral tenant and the Waste Lands Board the lease is suspended and no notice to the public given, this practice is equivalent to a right of pre-emption over the whole of the land leased, and the provision as to putting up land to auction if two applicants apply on the same day is illusory. But there is a safeguard provided by the Act, namely, that the Waste Lands Board are not obliged to sell the land applied for ; they have a power to refuse to grant the application if tho public good requires it. J. Prendergast. 3rd August, 1872.