113

for extricating the Board from the difficulty
in which they have been left by the Provin-
cail Council separating without making im-
mediate provision for their necessary expenses,
is worthy of consideration.

I would observe that there appears to be an
imperfection in the Waste Lands Regulations,
with regard to the appointment of officers
subordinate to the Waste Land Board. By
the 70th section it is provided that "the
salaries of officers to be appointed by the Go-
vernor shall be paid by the General Govern-
ment, and the salaries of officers to be appoin-
ted by the Superintendent, or by the Waste
Land Board," shall be paid by the Provincial
Government; but it is nowhere stated by
which of these several authorities the appoint-
ment of the officers in question (with the
exception of the Commissioners) are respec-
tively to be made.

Acting upon what I conceived to be the
spirit of the Regulations, and desirous of
removing every obstacle to their speedy ope-
ration, I placed upon the Supplementary
Estimates, submitted to the Provincial Coun-
cil, certain sums for the service of the Waste
Land Board.

The Council, however, having separated
without making the provision required, I am
willing for the furtherance of that service to
waive all constructive claim to making the
appointments in question, leaving them (so far
as lies in me) to the General Government,
which at least is not debarred by the Waste
Lands Regulations from accepting the trust.
I would express a hope that the General
Government may be enabled to supply the
necessary staff for carrying on the surveys
and for enabling the Board to bring the land
into the market, otherwise the land sales for
a period must remain suspended, to the very
great inconvenience and injury of the Pro-
vince.

I have, &c.,
(Signed) Wm. Brown,
Superintendent.

The Honourable
the Colonial Secretary.

Colonial Secretary’s Office, Auckland,
14th May, 1855.

SIR,—I have the honor to acknowledge
the receipt of your Honor’s letter of the
10th inst., transmitting a copy of a resolution,
(No. 25) from the Waste Land Board of the
Province of Auckland, relative to the diffi-
culty in which they are placed from the absence
of all funds necessary to carry out their duties,
and suggesting that the General Government
might be requested to pay the necessary ex-
penses out of the Land Fund.

In reply, I am directed by His Excellency
the Officer administering the Government to
state, that the Waste Land Regulations, under
which the Board act, contemplate that land
will be dealt with; 1st, by the General Go-
vernment in purchasing it, and then notifying
the fact to the Provincial Government; and
2ndly by the Provincial Government, after
such notification, in such manner as may be
required, before declaring the land open to
settlement. Of course, the Officers employed
for the performance of the respective duties
can only be properly appointed by the respec-
tive Governments,—indeed the power of the
General Government does not extend beyond
the time when the notification referred to is
given, any more than the power of the Pro-
vincial Government can be exercised before
that time. It appears, therefore, that the Go-
vernor is debarred from interfering in the
manner suggested by your Honor in your re-
marks on the resolution of the Waste Land
Board, without exceeding what he is authori-
sed to do.

At the same time His Excellency would
not hesitate in taking upon himself responsi-
bility if it were indispensable, in order to
avoid great inconvenience and injury to the
Province of Auckland, but His Excellency,
looking upon the matter as one altogether
within the sphere of the Provincial Govern-
ment, believes that any responsibility which it
may be necessary to incur for the public good
of that Province would, in this instance, be
more properly assumed by yourself.

I have, &c.,
(Signed) ANDREW SINCLAIR,
Colonial Secretary.

His Honor the Superintendent
of Auckland.

Superintendent’s Office,
Auckland, May 16th, 1855.

SIR,—I have the honor to acknowledge the
receipt of your letter of the 14th inst., in reply
to mine of the 10th inst., transmitting a copy
of a resolution, (25) of the Waste Land Board,
and to inform you that a copy of your letter has
been duly transmitted to the Waste Land
Board.

With reference to the following observation
contained in the second paragraph of your
letter, "it appears therefore that the Governor
is debarred from interfering in the manner
suggested by your Honor in your remarks on
the resolution of the Waste Land Board,
without exceeding what he is authorized to
do,"

I have the honor to observe, that although
only one appointment in connexion with the
Waste Land Board be imperative on the Go-
vernor, the Governor’s authority to appoint
more than one officer is recognised by the
70th section of the Waste Land Regulations.

I have, &c.,
(Signed) Wm. Brown,
Superintendent.

The Honourable the Colonial
Secretary, Auckland.

Waste Land Board Office, Auckland,
18th May, 1855.

RESOLUTION, No. 27.

Referring to his Honor’s letter, No. 17,
enclosing copy of a letter from the Colonial