HAWKE'S BAY LAND BOARD.

Gisborne Times, Volume XXVI, Issue 2294, 12 September 1908, Page 3

HAWKE'S BAY LAND BOARD.

A LIVELY MEETING

MU. LANE LEAVES THE ROOM

[Special to “Times.”]

NAPIER, Sept. 11. The proceedings were again somewhat. lively at the opening of to-da.v s usual monthly meeting of the Hawke's Bay Land Board, and resulted in Mr. Eustace Lane, tho elected representative of the Crown, tenants, voluntarily withdrawing as a protest against what lie considered to be illegal action on it-ho part of the Board. The other members nrcsent were the Commissioner (Air. H. Trent), Messrs T. Hyde, and R. Groom. Tho Commissioner said that botoro the business was proceeded with ho wished t 0 refer to the regrettable incident that had occurred at hi6t meeting. Ho hail reported tho matter to the head .office, and it had been considered of so unusual a nature. that it was resolved to obtain the opinion of the Solicitor-Genon.il with regard to it. As members know, his (tho Commissioner’s) conduct had been unfavorably criticised in the press, and ho would therefore read the SolicitorGeiicrai’s opinion in order that tho position might bo placed beforo the public. It was as follows: “Opinion given bv Solicitor-General upon the action taken bv tho chairman of tho Hawke’s Bay Land Board in connection with Mr. Lauo’s refusal to withdraw remarks objected to by another member of tho Board at the meeting of August 14th, 1908—(1)_ In tho case of a public meeting it is the duty and the function of the chairman to preserve order, and to take care that tilt; proceedings are conducted in a proper mannd > . It is impossible to define, a priori, tho precise oxtont of his duty and powor, as they must, in great measure, arise out of aird depend on tho emergencies that occur. If ho acts reasonably and in good faith the Courts will support him. It is disorderly for a memjber of the meeting to disobey the chairman’s ruling, and if tho disobedienco is persisted in, the chairman, to restore order, may cause him to be removed. Of course, tho chairman is supposed to use tact and discretion and in no case to adopt more violent means than are reasonably necessary. (2) In tliecaso of a statutory or other meeting attended by -a person who has a right or interest entitling him to be present, the position is practically the same. . (3) Applying these general principles to the facts as submitted, I am of opinion that the chairman was justified in having Mr. Lane removed.. The incident, however, closed with his removal, as order was then restored, and tho chairman would not be justified :in re-op-ening tho matter at the next mooting.” ... Mr. Lane: That is the opinion of the Solicitor-General, is it? AVho is he ? The Commissioner replied that he did not quite know. Ho had understood that it was Dr. Findlay, but had been informed that ho was At-torney-General. (Dr. Fitchett is Soli-citor-General.) Mr Lane maintained that he could only be removed by an order of the Govcnior-in-Council. The meetings of the Board were not ordinary public meetings. They were quite different, and the Act constituting the Board distinctly sot out that members could only be removed by Order-in-Council. 'He therefore argued he had been illegally removed, and that the business done in his absence was illegal. The Commissioner said that was a legal point. In his opinion it would he better to let the matter drop. Mr. Lane said that personally he was willing to let the matter drop. 1-Ie required no apology, but in tho interests of tho Crown tenants whom ho represented ho would dispute the legality of the business done by the Board after his removal. He again claimed that under the_ Act he could only bo removed by Ord.er-in-Council. The Commissioner said the clause referred to by Air. Lane read as follows: “Of the members- of every Land Board (other than the Commissioner of Crown Lands) there shall be appointed and removable by warrant under the hand of the Governor and one shall be elected by the persons and in the manner hereinafter mentioned.” Tlie provision with regard to, the removal referred to tho appointment of the three Government members.

Air. Lane claimed that in that respect an elected member was in the same posiiionl Air. Groom said that even if it were so the clause referred to removals from membership of Boards, not to the removal of members from a meeting. Mr. Line: Go far as my remark is concerned, the ono to which objection was taken, I was simply repeating what you, Air. Chairman, had previously said —that the members were incompetent to deal with, the business before them.

The Commissioner: When did I say that? Mr. Lane: You have said that the Board was not competent to deal with certain matters and advised referring them to solicitors. That is all I said. Then up jumped a member ol the Board and protested. The Commissioner: That was diffofent altogether. You said tho Board was not competent to deal with tho business brought before it. When I suggested references to solicitors, legal points were involved. Mr. Lane; In. the case I referred to there was a legal point —the validity of the doctor's certificate. The Commissioner said he would read the correspondence at a later stage which would show that the I3oard was justified in refusing the transfer, which was under consideration when .Air. Lane made the remark. He did not think they need further discuss the incident, although lie understood that Air. Lane still questioned the legality of what had been done.

Air. Lane: I do so in the interests of the Crown tenants. I represent, and I object to the business that was done in .my absence. I will have something further to say before the business is gone on with,and may even go to tho length of withdrawing as a protest. The Chairipan said he was sure the incident at ’last meeting would be regretted by evosy member of the Board and by none more - than himself. Air. Lane: I don’t regret' it. It has drawn attention to the very business the members of the Board desired to hide.

The Commissioner: I am sorry to hear you say .so. Air. Groom : What business did wo ■desire to hide? Air. Lane: Why did you go into committee to consider certain questions ?

The Commissioner: Air. Bartram had exnlained that. Air. Lane: I am glad the incident occurred because it has drawn attention to the matter from one end of New Zealand to the other. The ordinary business was then opened by the reading of tho minutes of the previous meeting. Air. Lane objected to the minutes. The last clauso said he retired from the mooting, whereas ho had been forcibly removed. The Commissioner said he had instructed that tlie minute should be worded in, a' form which lie thought would bo acceptable to Air. Lane. It would, however, bo altered . as lie wished. Air. Lane also objected to a minute referring to the letter from Air. Black. The Board had had n 0 right to alter their decision on tho instruction of tho Minister. They had decided on a favorable recommendation in Air. Black’s case and had no right to alter their decision. The Commissioner read u clause m the Act giving the Board power to grant rehearings and alter its previous decisions. Air. Lane contended that the clauso did not apply to favorable decisions arrived at by the Beard. , The Commissioner said Air. Blacks matter had been referred to the Alinistcr, with a recommendation, ino Minister had decided to liavo a inport from the Valuer-General. Air. Lane: I say that neither the Alinister nor the Valuer-General had inv right to interfere. I am speak?pg on Mr. Black’? behalf, and I will

go so far as to withdraw from the mooting ns a protest. The Commissioner: Tho matter is now sub rosn. Mr. Lane: Nothing that comes before this Board should bo sub rosa. Tho Commissioner :_ 1 mean that it is at present a question botwoon tho Minister and Air. Black. I have communicated with the Minister and cannot, act till I got his reply. Tho question has been thoroughly ventilated. Mr. Lone: It has not boon ventilated sufficiently to satisfy mo. I am not here as representing uny political party, appointed by any Minister or Opposition, and I am not subject to any political influence. Air. Groom said the only question beforo the meeting was wliothor tho minutes wore a correct record of tho proceedings at the previous mooting. Ho thought they wore, with tlio exception of tho paragraph referring to Air. Lino leaving, to which Air. Lane had objected and which the Commissioner had agreed to amend. Air. Lane: I .object to tlio minutes also because they record an illegal act on tlio part of tho Board. Tho motion to confirm the minutes was then put and carriod. The Chairman said that tho next matter to which lie desired to -refer was tho Board’s refusal to grant Air. Mooro’s application for a transfer of section 7, To Alata. Ho read a letter roooived from Air. Alooro explaining that ho had boon unable to carry out tho residenco conditions owing to ill-health, and protested against the Board discrediting his statoment and doctor’s certificate. The Commissioner said ho had implied, and proceeded to read his lotter to Air. Alooro. Air. La-no objected to tho first, part of tho reply as not expressing the real-reasons for tho Board’s action. Tho Commissioner: Aro you going to dictate to mo the terms in which I should write.

Air. Lane: I say your letter is not correct. It was stated hero that tho man was a dummy. The Commissioner: IVho 6nkl that? I don’t remember lieaTTng it. Mr. Lano: Both Air. Hydo and Mr. Bartram <said it.

Tho Chairman suggested that Air. Lano should hear tho whole of tho letter before coming to a decision. He then read the letter. In it lie explained that he had obtained a report from Ranger Alartin-Smith, and, further, that tho section had been visited by Air. llydo and -himself. From what thoy saw he did not think tlioy could say that there was evidence of bona fide residence. However, Air. Moore had since written stating that as he was bettor in -health he had now no. desire to transfer tho section but would resido on it and comply with the conditions. Mr Lane said he thought the circumstances had warranted Air. Alooro in trying -to get a transfer and there had been no reason to suspect dummyism, vet it was distinctly stated at the Board’s meeting that tho application “savored of dummy ism.” Those were the words lie had objected to then —that the Board were not competent- to make such a remark- — and that had caused all the trouble. This man had been picked out to make a scapegoat of, or in order to bring a test case, as Ranger AlartinSmith had put it. However, Mr. Moore had withdrawn his application to transfer, and that was the end of the matter so far as he (Mr. Lane) was concerned. Ho would draw attention to another matter on the minutes. He objected that tho Board’s action with regard to Sir. Black was illegal and protested against.it. The Commissioner said a note would be taken of Sir. Lane’s protest. Sir. Black had been to Wellington several times in connection with the matter, and it was under the consideration of the Department. Sir. Lane: I protest, on Sir. Black’s behalf and as an indication of my protest I’ll withdraw from the meeting. If the Board is to bo interfered with as has been done I can be of no use on it. lam no State dummy. I am withdrawing this time on my own accouut-y-tnot being '-forcibly ejected. I wish you good morning, gentlemen. Sir. Lane then left tho meeting, and the Board proceeded with the ordinary business.