HAWKE'S BAY LAND BOARD

Gisborne Times, Volume XXVI, Issue 2242, 14 July 1908, Page 1

HAWKE'S BAY LAND BOARD

Tho Hawke’s .Hay Land Board hold a mooting'at tho Gisborne Land s Ollico yesterday, Present-: the Comniissirmer of Crown Lands, Mr. Honry Trout, in tho chair; Messrs, Hyde, Groomo, Bartram, and Lane. Mr. J. AV. Bright, Manager for tho Now Zealand Loan and Mercantile Company Ltd., asked that Mr. T. B■ Lees bo taken in with his brother, Mr. D. A. Lees, in tho lease of a section at To Arai. The Commissioner said that air. T. It. Lees could not bo allowed to enter as a partner until tho leaso had been hold for two years.. COMPENSATION. Mr. Bright then asked that Mr. T. Kano receive compensation for damage dono by Hood on tho Willows Estate two years ago. Mr. Kano’s application had boon promised consideration. Ho had been asked to have his tenure of tho leaso altered from L.I.P. to -renewable leaso. Tho land was still being washed away and he would like a survey of the land. 'file Commissioner said that there was no provision in the Act for a rossurvoy. Mr. Bright: It is in my knowledge that other settlers have had compensation. Mr. Lane: I don’t think any special law is required. The ordinary law should provide for compensation, as between landlord and tenant. Tho Commissioner: Tile only way would be to reduce tile capital valuo. ■Mr. Lane: Or have the tenant to bring an- action, for damages. Mr. Bright: Suppose all the land had been washed away. The Commissioner: Mr. Kane was not compensated at- the time because his damage was more considerable than that of other cottiers. Mr. Lane: The Department admits responsibility in these cases and we have had similar instances where protective works and compensation have been provided. I ask that a special report on Mr. Kane’s loss be sent to the Department accompanied by a request- that- -compensation be paid for the damage to the land. Air. Hartram seconded tho motion which was carried. Mr. Bright said Air. Kane only wanted consideration for his ease. BREACH- OF TERMS OF LEASE Air. AlcNeii appeared to explain a breach of the residential clause of a leasehold at the Wigan settlement. He said lie had a house on the land and resided there except when lie had work away from home. The Commissioner said tho explanation was satisfactory. TE ABA I FOREST RESERVE. Air. Bright, on behalf of a number of Willows settlers, asked that permission be given to take firewood from the Te Arai Forest Reserve. Air. Lane said he did not think the Te Arai settlers would object. The Commissioner: It would only bo getting in the thin end of the wedge. Air. Lane: The timber is rotting, and will only go to waste. The Commissioner: I am not disputing the fairness of tile application. Air. Lane suggested that the ranger ascertain the feelings of the Te Arai settlers on the question. It' would only be a “dog in the manger” policy if they refused. It was not permanent bush of any kind. The Te Aral [settlers lailone oould consider themselves injured if tho application was granted. Tho Commissioner: AYo must look to the- future. I am dis-inclined to grant the application. The ranger said there -was timber enough on tho reserve to last for thirty years. s • The application was refused. EFFECTING lAIPItOVEMENTS. Air Nolan, , on behalf of Air AlcLoughlin, who had a notice to build on section 4 -and 5 Ngatapa, said his client had built twice on .the section ; but had been twice burnt out. There were two terms of lease, No. 4 section was L.I.P. and No. 5 O.R.P. Air AlcLoughlin wished to build on (Section No. 5, as the other section would shortly become freehold. The Ranger -said lie knew Mr AlcLoughlin had been twice burnt out. Air. Lane: Tho position is, he will have to build on both sections, which is unreasonable. Wc must take the misfortunes into consideration. Air Nolan : My client does not want to build on both sections. It is better for him to build on section No. 5. The Ranger said Air AlcLoughlin was a bona fide settler. The Commissioner: Ho was not entitled to section No. 5 -until ho had complied with the conditions of the lease. That has not yet been done. Air Lane: Well, which section will lie have to build upon ? Air Nolan: Air AlcLoughlin would •prefer exemption from building on the L.I.P. section. Air Lane moved that Air AlcLoughlin be allowed to build on either section. Air Bartram moved that tbe house bo erected on the section held on lease in perpetuity. Air Lane withdrew his motion and Air Bartram’s amendment was carried. Air Nolan next asked that- the question of residence on sections 2, 3 and 5 ALata. S.D., be again considered and exemption granted provided the lessee lived on the adjoining land. The application was granted. SUBDIVIDING GRAZING RUNS. The Land officer -reported on grazing run No. 44A Blocks 10 ami 15 Waingaromai, held by All- David Bruce, who asked that the lease be subdivided among his family. The report was considered satisfactory. Air. Lane asked that an application to grant Air J. A. Caesar a re-hear-ing in the matter of a. renewal of a lease of No. 45 section Waingaromai be allowed. The Commissioner said lie could not see how the application could be granted. Air Lane: Was not a similar application granted to Air Fitzgerald? Mr Bruce’s sons are grown up and" married. The Commissioner: I don’t think the law will allow it, Air Lane: The law allows a mail to subdivide a lease as he pleases. Air Sainsbury said tbe. law did allow a. man to subdivide among his family. Air Hyde: But Air Bruce’s lease is expiring. Air Sainsbury said Air -Bruce had been nil excellent settler, and deserved some encouragement. His family was also entitled to some consideration. «• The Commissioner- said tile lease could not bo renewed against the law. It would be as well -to have the advice of the Crown law officers. Air Lane: A renewal could be granted for 21 years. There is no recommendation that it be subdivided among the public. This precedent

you are establishing is in absoluto contravention of tho Act.The Commissioner: Pardon me. We are establishing no precedent. Please don’t take up tho time of the Board. Ai r Lane: I demand tho right to speak as a tenant’s representative. Air Lano thou proceeded to read the following speech; “Air. Chairman, —As this question and our decision appears to bo fraught with deep- significance not only t 0 Air. Caesar- and my other follow tenants, and as I do not attend this Board to practice oratory for my own advancement but to tell you clearly and in as fow words 1 as possible, what I deem just and right for the good administration of the hinds ol‘ the Dominion, I must again ask your permission to read, from this record in black on white exactly what I think. Involved in this matter ore not only the principles of law and justice to these individuals, but the advancement of settlement, tho progress of this d istrict, our duties and conduct as a Board, the. indirect effect of our decision throughout the whole Dominion, and the honor rod integrity of the Government ami ;>, the ranger appointed hero by tho Government. In tho first place we have to consider the legal aspect and the fact of the-' applicant having the right to appeal from our docision to the Supremo Court. The legal .aspect of those louses is under the 1885 Act by no 'means clear, though under the 1892 Act the renewal is most particularly provided lor, but even under the 1885 Act a right of renewal is referred t 0 and provided for. Now, I can find no -el 111150 whatever in this Act which lays down the precedent you Invo up to the present followed, viz., that any portion suitable for close settlement shall be .resumed, and earnestly desirous as I am of satisfying the land hunger exhibited by genuine farmers, I am just as absolutely determined to prevent injustice being done to present occupiers through the greed-and jealousy of those who in one breath declaim .against what they term unearned increment-, and yet pant to speculate in a little of it themselves. That being so I submit to you, sir, and my fellow members that there are other circumstances which wc have to consider besides those of the land’s suitability for cumstances' arc tho enterprise, industry, character, and family of tho present occupiers and the extent of tho area they hold, the fact that they can only hold it for one term .longer, and the fact that they arc the present occupiers and that a- scheme of land settlement could easily be devised which would satisfy all genuine applicants for farm lands without disturbing these men who aro already good State tenants. Where, I would ask you gentlemen, is the advantage of being a. State tenant, where is the beauty of the Socialistic ideal if these pioneers of our own color have no consideration ■ extended to them? And as to a scheme which would satisfy genuine land hunger 1 can tell you that I conkl devise one quick and lively, which would bo an injustice to no man, Alaori or Pakelia; but a benefit and security to all 1 Now, as to Air. Caesar’s application, he has already supported it in person. You know the gentleman with whom you have to deal, justly. I submit that personally he is all that we cm desire —the stamp of man who should bo encouraged to remain in our land, which he has helped forward as a pioneer. He has worked here -for years just as you, gentlemen, liavo done; he has put youth, time, and capital into rough bush land, lie has experienced long periods of depression, a short period of prosperity, and now again depression; he is willing to stay on here in New Zealand. He has .a young family, he spends his money freely amongst the community and is a benefit to the community. I submit that he is not tho sort of man wo should shut our doors to or drive away with his capital to • develop Queensland. I submit that we should be blind to the real interests ot tho country if ivqvdecide against allowing him to reap another teini of 21 years to benefit of his industry as an original pioneer for the benefit of this community of Gisborne. Because his children aro not grown up, is that any reason why another -man whose children aro grown up should have consideration not extended to Air. Caesar. And it cannot he said that our -action in not cutting up these small grazing runs where the owner desires to retain possession for another term .is affecting this district adversely, for all of you who are keenly interested and watching the progress of this county must have noticed tho splendid increase in the annual exports. No doubt there will bo iStato tenants holding these grazing runs who will be willing to admit that tho properties are larger than they can farm to advantage, and who will allow us voluntarily to -resume, and there may bo -instances where you gentlemen will decide that the run is so very largo that it ought to be cut up, or .where the tenant is so very evidently a man of such landed interests that he can well afford topart with his grazing run, hut again -I must say that the demand can be supplied even entirely from other sources, and that Air. Caesar’s run is not of such size that he should be deprived of any portion of it; for only as a whole does he valuo it, and is willing to pay a re-adjustment rent for it. Now, as to the ranger’s report on this land, I had riot it before me .at tile time of thinking out this matter, hut I had before me his report on Air. Fred. Hall’s, which adjoins it, and I know that it is public opinion that Air. Caesar’s laud is less suitable of subdivision than this one of Air. Hall’s, the report of which 1 have seen. Before dismissing this report I must draw your attention to the fact of which Mr. Caesar has informed me, that lie advised the ranger that he did not want any of the land back if he could not have the option of it in its entirety. I submit that explanation to you, gentlemen, as the most generous view (ami a truthful one) of Air. Ranger Him son’s differentiation between these two adjoining properties. Acting on the wise resolution of Air. Bartram, this Board lias decided that a committee of ourselves shall personally inspect any of these largo leases which tho ranger thinks should not be renewed as a whole, and it is only right that such a serious decision as tho eviction of a Crown tenant should not be come to until a most thorough inspection has been made by more than one person, who, however-practical and honest he may be, we cannot expect to be infallible. And so, although I would like this application of Air. Caesar’s to be settled forthwith oil the facts- and reports wo have before us, still I am willing to form one of a committee and to face any weather to lido out and inspect and reportto this Board again on Wednesday .next, when we shall still be in Gisborne. But dealing with the report of Air. Simeon, which we have, or rather dealing' with the report on

Mr Hall’s, which is tho only ono I liavo scort, tho following extracts Hociii to bo of most-importuned: \ou have to cross the Waipaoa river, which is bad to cross. Tuo road ni winter, is quite the worst in the district and unfit for wheel traffic, and any traffic can only bo carried on at a Very great risk. The approach is very bad, and tho access m winter almost impassable, owing to the peculiar nature of the subsoil, which is of pug clay. This depreciates the general value for cutting-up purposes. I hive no doubt that this class of land, at least the majority of it, would go back to manuka ii not continually crushed. The greater portion of it is of poor, pumicy-naturcd soil, and building sites almost impossible.’ Well, gentlemen, all this does not sound -as though the district was so exceedingly suitable for close settlement that Air; Caesar should lie evicted before his lease has run its course. Now, for a moment, I must ask you to give your minds to this run of Air. -Hall’s, not to re-open the question of his property of your decision in his case, or of the A 1 blister's decision, but I must tell you that the Hon. Alinister for Lands has through tho press done me a very considerable honor. ;You will remember that at our meeting in Napier a month ago last Friday you-gentlemen assured mo that you had in February , last-, before I became a member of this Board, received and considered a report of Air. Simson’s for cutting a portion out of. Air. Hall’s run, and that a resolution was come to by you to adopt the ranger’s suggestion, and recommend it to the Alinister. You -are aware that I am of the opinion that legally it is not necessary to consult the Minister’s' wishes, but that opinion of mine you have overruled. . You also wore all very much of the opinion that it was not the function of the Board to inquire into why tho Alinister took the action he did in returning Air. Hall’s grazing run to him in toto, I was not of that opinion. I thought an inquiry was necessary to explain the apparent difference between you gentlemen and the Alinister. The Hon. Alinister for Lands has kindly replied through the columns of tho “Poverty Bay Herald” that I, Eustace Lane, am the proper person to interpret his action, and I will endeavor to do so generously, as I feel now that I am -a member of tile Board, and have seen this report. To all intents .and purposes the report of the ranger on Air. Hall’s property must be the same as that of an adjoining property. It then left -an open question with the Board whether, it was suitable or not for cutting up. You gentlemen adopted an ambiguous report .and submitted it (without comment, I presume,' as 1 have not seen Air. Trent’s correspondence with Air. Kensington) for the Alinister’s decision. He deckled on a proper course of action, to return the grazing run in toto on account of circumstances which 1 submit exist even more extenuatingiy in the case of Air. Caesar. Gentlemen, be generous, be just, renew Air. Caesar’s lease, and you will vindicate the honor and -integrity of the New Zealand Government.” The Commissioner: The Board is not the place to air those views. Mr Lane: Every word bears on the case.

Air. Groome: It is a political address. Mr Lane: I don’t care what you think it is. Air. Groome. The Commissioner: I must ask you to bo more moderate in your language, Air Lane. I would rather you did not- refer to Air Fred, Hall’s lease, as I will have something to say later on. I hope the press will not report it-. _ - Air Lane still continued to .read on.

Aly Hyde: 1 think the Chairman’s wishes should bo -respected. In fact, I will move-to that effect.

Air Lane: You can’t move t 0 stop me from speaking. I will move that you go out of t-lio .room. Tho Commissioner: You should not refer to the matter at this stage Air Lane.

Air Lane: What do you mean Air Chairman ? You wish to stop me from speaking and from being reported in the press.' I appeal to the press to report me. I appeal to the Board to grant a renewable lease to Air Bruce for 21 years. Air Sainsbury: If Air Bruco cannot divide his* -land among ills family I ask that ho bo granted a renewal of Iris lease. Air-Bartram said if it was decided to cut up the land, preference should be given to the sons that were residing on the land-. The Crown Land’s Officer said he was quite willing to make that recommendation.

Air Hydo moved that tho Alinister be advised to subdivide the land into the sections under the terms of the Act, and failing that, to open it for public settlement. Air Lane: That takes Air Bruce’s land away from him then. Air Hyde thinks it is far better to get strangers in rather than have Air Bruce’s children there. Air Groome: The Board desires that Air Bruce and one son should each get a section.

Air Sainsbury then discovered that he was appearing for tho wrong client. His client was a Air David ■Bruce of Tokomaru Bay, whereas the applicant in question was Mr AY. Bruco.

The Commissioner: It is a pity you did not find that out'before.

Air Sainsbury said the mistake had been made by a firm of solicitors in Napier. He had been wrongly advised.

Air Bruco was then called in and tho resolution read over to him. The Chairman said the Board was not sure whether the Act allowed ban to subdivide among his family. If the law did so, the Board would recommend that- tho Alinister allow that to be done. In the alternative two sections would bo put up for competition. Air Lane: AYo can grant a renewal for 21 years. 1 would like that alternative added to the motion.

Mr. Hyde would not consent to this suggestion. Air L-.uio moved an amendment that if the Land Act of 1883 under which tho lease was granted, would not allow subdivision among the family, that a renewable lease lie granted to Air Bruce for 21 years. The amendment was not seconded and the motion was carried.

Air Lane asked criat a copy of his amendment be also forwarded to the Alinister.

Mr J. A. Caesar’s application for a renewal of his lease at AA’aingaromai was then considered. The Commissioner said it was proposed that the Board should inspect tile land before the Ranger’s report, recommending subdivision, was adopted.

Air Lane said Air Caesar was in a similar position to Air llall. who had been granted a renewal of his lease. The Commissioner said he took exception to the remark made bv Air Line. The original* recommendations made by tho Ranger hail been -forwarded "to the Alinister, .and in two cases tho .recommendations had been carried out.

Air Caesar said he could not recognise the Ranger in the question. He would only deal with the Board. The Commissioner: In Mr Hall’s case there was an alternative proposal. That made the case different. Air Caesar said he would like to see the Board pay a visit to the land before any subdivision was recommended. Air Hyde said ho would like. to have a report from Air. Brodriek, Crown Lands’ Officer. It was .decided that a representative of the Board should visit- the land and report to the Board at the next meeting.

Air, Bartram in referring to the renewal of Afr F. Hall's lease said thq

Board's 'recommendation had not been carried out, for the original proposal was tli.it the land should be cut 11]). The Commissioner said tho Alinister lin'd .adopted the Board's alternative proposal as recoin mended by the Jlanger and ~as forwarded to him. Air Bartram: Ah, yes! As forwarded to him, but an error lias crept in in filling out the recommendation ■so as to -read “not suitable for .subdivision” whereas the report read “suitable for subdivision.” APPLICATIONS. The Ranger recommended that permission be granted to Messrs Leggatt and Slierratt to deviate a fence lino on (Section 2 Block 15, Hang.iroa. Tbe Commissioner said -the proposed fence would encroach on the forest reserve. He did not favor such an application. The Ranger said Air Slierratt would not touch a true on the reserve. Permission was granted to Air Sliorratt .and Ain Leggatt’s application was refused. Ai r Marshall asked flic Board to allow the Ranger to report upon his grazing run at AVaimata. as ho wished i 0 know if there was any probability of it being subdivided. Air Bartram and the Ranger wore appointed to report upon the land. DEPUTATIONS. A number of settlers on the To Arai estate waited upon the Board to ask that tbe wool-shed and recreation ground bo held as public property for the settlers. Air Gibson slid the settlers now asked that the stock reserve opposite "the school be made a hall site, and a portion of the wool-shed he used for a stock filled/ The Crown Lauds Officer reported that the section 29 be granted. The Commissioner said the section opposite the school was very small, and hardly suitable for a recreation reserve. Mr Preston said there was a strong objection to have a stock reserve opposite the school. It was decided to recommend the Alinister to grant section 29 for a recreation ground and to lease section (j, and tbe section 21 on which the woolshed is standing. Air Lane said it would he as well for tbe Board to safeguard tho an--terests of the-settlers in the use of tho woolshed, otherwise they might oe charged exorbitant" rates" by the tenant. • REPORTS. The Ranger submitted a report on nine holdings 'in the Ngatapa district. The reports were considered satisfactory as the conditions of lease were all complied with. TRANSFERS. The following transfers were granted : • —Section 5 Block 2 Hangaroa, 1200 acres, from G. T. Kent to J. J. H. AYilliams; Section 3 Block 9 Uawa S.D., from Alabel Perry to J. H. Gillies. Air Lane drew attention to the fact th-.it Air Cooper had been refused a renewal of his leaso of a section at Waikai'einoaua through the neglect of the office. Air Black had been granted a- renewal, but a poor man was refused.

The Commissioner : The Board cannot grant .a renewal now, the matter has gone too far. Air. Lane': That is all I want to say. I want to make the matter public and I am satisfied as long as it goes to tile press. . _.. _* Alr.T. Smith asked permission to lease a reserve at Alotu so as to run stock through it. , Permission was granted at a rental of £1 per year.