178

members of the Waste Land Board in reply thereto.

I have the honor to be,
Sir,
Your obedient servant,

CHARLES J. TAYLOR,
Chief Commissioner.

His Honor
The Superintendent
&c., &c., &c.
Auckland.

Colonial Secretary’s Office, Auckland,
30th July, 1855.

Gentlemen,

In reply to a letter dated the 27th inst.,
from the Chief Commissioner of your Board,
referring me for a reply to my letter to you
of the 24th instant, to Resolution No. 37,
forwarded to me by the Board through the
Superintendent, I am directed by his Excel-
lency the Officer administering the Govern-
ment to state that you were asked in my
letter whether you will, or not, adjudicate
upon a disputed land claim, as now before
you, and that the Resolution to which you
allude contains no distinct reply to this in-
quiry, but concludes in general terms,—by
stating that the Board does not decline “to
undertake any other duties which his Excel-
lency the Officer administering the Govern-
ment or his Honor the Superintendent may
deem it to the advantage of the Public ser-
vice that it should perform, provided the
duties required are distinctly stated, and the
necessary means placed at its disposal to
carry them out.”

In the case now in question, his Excel-
lency has declined to communicate to the
Board the opinion of the Law Adviser of the
Crown, given for the information of the Ge-
neral Government, which opinion the Board
desired to obtain, and his Excellency now
wishes clearly to understand from the Board
whether or not, under these circumstances, it
declines to adjudicate regarding the land in
dispute.

I have the honor to be,
Gentlemen,
Your most obedient

bumble Servant,
ANDREW SINCLAIR,
Colonial Secretary.

The Commissioners
of the Waste Land Board,
Auckland.

No. 35.
Waste Land Board Office,
Auckland, 6th August, 1855.

Sir,—I have the honor to acknowledge re-
ceipt of your letter, No. 211, of 30th ultimo,
addressed to the Commissioners of the Waste
Land Board, and to observe that the Board
is divided in opinion on the subject therein
referred to.

No provision being made to regulate its
proceedings under such circumstances in the

Land Regulations, I beg to forward for your
information copies of the Minutes.

I have the honor to be,
Sir,
Your most obedient servant,

CHARLES J. TAYLOR,
Chief Commissioner.

The Honorable
The Colonial Secretary,
&c.
&c.
Auckland.

Waste Land Board Office,
Auckland, 4th August, 1855.

MINUTE.

With reference to the Colonial Secretary’s
letter of 30th July, No. 211, and the inquiry
therein made, I have to state that, under the
circumstances, I decline to adjudicate in the
case of Mr. Farmer v. the Surveyor Gene-
ral.

In support of my decision in the matter,
and that there may be no misunderstanding
as to the precise grounds upon which, as a
member of the Board, I arrive at that con-
clusion, I will recapitulate the various points
having reference thereto.

1. In terms contained in Resolution No.
   37, the Board decided that, under the provi-
   sions of clause 75—“the jurisdiction of the
   Board extended over disputes and differences
   arising under the existing regulations only.”

2. That this case is one “under Sir
   George Grey’s Regulations,” and the Board is
   not constituted a tribunal to decide questions
   originating therewith.

3. That “clause 6 of the present Regula-
   tions is entirely of a negative character.”

I consider, under the views above expressed
distinct terms, the Waste Land Board is
debarred from adjudicating in the case in
question.

The Board have at the request of the Ge-
neral Government acquiesced in a proposal to
undertake certain duties now performed by
the Surveyor General’s Department—viz.,
“the fulfilment of any promise or engage-
ment lawfully made by or on behalf of her
Majesty” in respect of claims under Sir
George Grey’s Regulations of March 4th
1853, and such acquiescence refers strictly to
the adjustment of all promises and engage-
ments lawfully made yet unsettled, of which
a statement will require to be duly handed
over with the authority.

The case between Mr. Farmer and the
Surveyor-General is, whether there is any
lawful promise or engagement, and one
therefore properly appertaining to the Go-
vernment to decide.

With reference to the statement contained
in the last paragraph of Resolution No. 37,
that the Board will not “decline to under-
take any other duties which his Excellency
the Officer administering the Govern-
ment or his Honor the Superintendent may
deem it to the advantage of the Public service that it