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2

7. That the power of the Government to deal with the land in question appears to be derived from " The New Zealand Settlements Act, 1863," and the amendments to the said Act of 1864, 1865, and 1866. 8. That the 16th section of " The New Zealand Settlements Amendment and Continuance Act, 1865," provides, " That the order and manner in which land shall be laid out for sale and sold under the provisions of the said Act shall be in the discretion of the Governor, who shall have power to cause such land, or any part thereof, to be laid out for sale and sold from time to time in such manner, for such consideration, in such allotments, whether town, suburban, or rural, or otherwise, as he shall think fit, and subject to such regulations as he shall, with the advice of his Executive Council, from time to time prescribe in that behalf : Provided that no land shall be sold except for cash, nor at a less rate than 10s. per acre." The proviso of the above-quoted section is repealed by the 2nd clause of " The New Zealand Settlements Act Amendment Act, 1866," which goes on to enact that "It is hereby expressly declared and provided that the land in the said section referred to shall be sold for such consideration, or at such price, and whether for cash or otherwise, as the Governor shall from time to time prescribe." The last-named Act in the Bth section further provides that " All lands sold or otherwise disposed of, or all scrip issued under this Act, shall be sold or disposed of or issued under regulations to be made by the Governor in Council, which regulations shall be published in the New Zealand Gazette." 9. I am directed to report that, with respect to the Piako Swamp, such regulations have not yet been issued, or published in the New Zealand Gazette; and that, although an agreement to sell has been made by the Government, the land has not yet been actually sold or Crown-granted to Mr. Thomas Russell. That the land was practically withdrawn from sale by private contract by the regulations of 1871, which provide that all sales should be by auction after survey. And that the transaction was not in accordance with the provisions of the law in force at the time, which clearly required that the making and publication of regulations should precede sale. 10. That it is evident that the agreement made between the Government and Mr. Thomas Russell tacitly implied that regulations should be issued in terms of section 8 of " The New Zealand Settlements Act, 1866," which should enable the Government to sell the land in accordance with the conditions of the agreement so entered into. That the land was sold without sufficient inquiry as to its value, or the possibility of its being drained, although the General Government Agent and the Inspector of Surveys both recommended that such inquiry should be made. 11. Finally, while it appears that the price to be paid for the block was not inadequate, and that public benefit will accrue from the construction of the Piako Road, your Committee are of opinion that dealings by private contract with the public landed estate are inexpedient, and they are glad to observe that the Government have proposed to bring the confiscated lands under the operation of the ordinary waste lands laws of the colony. 12. With regard to the petition of John Crosby, referred to this Committee by the House, your Committee recommend that the -petition be remitted to the Executive Government, with a view to the case being inquired into, and such redress granted to the petitioner as the facts of the case may require. John Betce, 15th October, 1875. Chairman.