Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

A compendium of official documents relative to native affairs in the South Island, Volume One.

[No. 22]

page 120

No. 22.

The Commissioner of Crown Lands, Otago, to the Secretary for Crown Lands.

Crown Lands Office, Dunedin, 24th January, 1863.

Sir,—

In reply to your letter of the 23rd December last, referring to a certain reserve situate on the east side of Princes Street, Dunedin, I have the honor to enclose a tracing of plan made to enable me to let the land; also a statement of the amounts received and paid into the Bank to a separate account.

There have been no expenses incurred excepting a small sum for advertising, which has been paid by the Provincial Government in its general account. The plans having been prepared by the Survey Department, no defined expense has been incurred; but should the money be ultimately ordered to be paid to any other body than the Provincial Government, a charge might be made to cover the estimated expense to which the Provincial Government has been put. I also enclose a copy of the conditions upon which the sections were let, from which it will be seen that the license to occupy is to determine after three months' notice from me. It was necessary that buildings should be erected upon the land or it would have been valueless, and I did not propose to again let the land by auction, but to continue the first license-holder in possession until the land was wanted by the Government, and at the close of each year to have renewed the license upon payment of the twelve months' rent in advance, otherwise it will be necessary that valuation of the buildings should be made; and if the lots be again submitted to auction, the amount of the valuation should be paid by the incoming to the outgoing tenant. I would observe that the persons who have occupied the property are generally of opinion that they paid too much for the privilege of using the ground, and it is not at all improbable that they may desire to abandon their houses, provided they do not obtain a reduction in the rent. I have therefore the honor to request that I may be instructed to renew the licenses on the existing terms, or in the event of the licenses being abandoned to let the lots again by auction, adding as a condition of the sale that the value of improvements be paid by the incoming tenant to me, the amount to be immediately paid to the outgoing tenant.

The rentals received last year varied from £6 10s. per foot frontage to Princes Street, to £3 2s. per foot, average being £4 13s. 6d. per foot. Three allotments, viz. 1, 2, and 17, were abandoned, and the deposit at the first sale forfeited. They were unapplied for for a considerable time, and were taken up in November for the remaining term, i.e. to the 5th February, at considerably reduced rates. This was in part owing to the first rates being excessively high, and to the sections 1, 2, and 17 having but little depth. The nature of the ground is very similar to points of land jutting into the harbour at Auckland. Those nearest the Manse Reserve are the most valuable in point of position, being in closer proximity to the public jetty and general business part of the town; but the small portion of the level and is at an elevation of about 35 to 40 feet from the beach at high water-mark, so that to erect buildings on the first two or three sections long piles had to be used and the earth made up. The land gradually falls towards the south, and section 17 is about 10 to 15 feet above high water-mark. The whole reserve is now built upon, and although the buildings are not of a very permanent character, they are a great improvement to the town. The erections shown on the plan are those which were in existence prior to the reserve being let, and have since been removed or added to so as to alter their character. That portion of the reserve coloured pink is in the occupation of the Provincial Government. The well also marked pink is reserved, and a public pump has been erected at the expense of the Town Board. I may observe that the whole line of pavement has been completed, that portion along the land used by the Provincial Government having been paid for by that body, and the remainder having been paid for by the Town Board, who now seek to recover the amount from me or from the tenants in occupation of the reserve. With reference to the destination of the funds, I would observe that the whole of the reserve was originally laid out in quarter-acre sections which extended into the harbour below high water-mark, but that in order to prevent the possibility of claims to water frontage interfering with future improvements in the harbour, the first buyers of land in Otago were not allowed to select any of the sections, but they were wiped out of the public map, and the settlers were informed that the land was reserved for a public quay. This occurred in 1848. In 1853, Mr. Mantell, the Commissioner of Crown Lands at Otago, forwarded, apparently at the request of the Civil Secretary, two plans of land which he recommended to be reserved for the use of Natives when visiting Dunedin and Port Chalmers (see Despatch, 18th April, 1853, addressed to the Civil Secretary). One of these reserves comprises the land on the east side of Princes Street shown in the enclosed plan. I am decidedly of opinion that the reserve in question ought to form a part of the trust for the improvement of the harbour. I am not certain that this disposition of the land could not be enforced by application to the Supreme Court were there any corporate body in the Province who could legally maintain the claim. In the meantime the funds are lying idle in the Bank, and as the period for again receiving the rent is close at hand the accumulation will be yet greater. Some difficulty will arise on the rent again becoming due, in consequence of the claim made by the Town Board for the footpath rate, that body contending that they have a perfect right to levy upon the tenants in occupation of the ground, as no special mention is made in the Dunedin Roads and Streets Ordinance exempting the owner or occupier of any land from the obligation to make a footpath, and the exemption of waste lands of the Crown from assessment is intended strictly to apply to waste hinds and not lands of the Crown of which a beneficial use is made. Whatever the decision of the Government may be as to the destination of the funds, practically the footpath rate will have to be paid by the recipients of the funds; for if the Town Board sue the tenants or threaten to sue, the rent of the land will fall, and affect the amount receivable to as great an extent as if the rate had been paid in the first instance. Under these circumstances, I strongly recommend that I should be authorized to pay the rate claimed by the Town Board.

I have, &c.,

The Hon. Secretary for Crown Lands, Auckland.

W. H. Cutten,
Commissioner of Crown Lands.

page 121

Enclosure 1 in No. 22.
Conditions of Sale, Government Reserves, Princes Street.

1.The lot will be put up to auction at an upset price of 5s. per foot frontage.
2.The purchaser to pay down ten percent deposit on the lot being knocked down, and pay the full year's rent before the license to occupy is granted to him.
3.If the rent is not paid within one month from the date of sale the purchaser's right to the license will be considered abandoned, and the deposit will be forfeited and the license re-sold.
4.On completing the above conditions, the purchaser will be entitled to a license to occupy the section or sections purchased by him for twelve months from date of sale.
5.The occupier will be bound to remove all buildings and give up possession of the land specified in his license upon receiving three months' notice in writing from the Commissioner of Crown Lands at any time after the expiry of nine months from the date of sale.
6.The occupation of the sections as laid off on the office map is to be understood to give no right to the water frontage to the harbour, or to prevent any improvements in the harbour which the Superintendent of the Prvince may direct.
7.The licensee will not be allowed to sublet or assign his license without first obtaining the consent of the Commissioner of Crown Lands.
8.Upon any transfer of the license or any part thereof with the consent of the Commissioner, a fee of £1 will be charged.

Enclosure 2 in No. 22.
Princes Street.

1 1862 £ s. d. £ s. d.
Feb 5 By deposit at sale 1 20 0 0
Nov. 21 " rent from 21st November to 5th February, 1863 8 33 16 6
2 1862 53 16 6
Feb. 5 By deposit at sale 1 20 0 0
Nov. 21 " rent, 21st November, 1862, to 5th February, 1863 8 24 15 0
3 1862 44 15 0
Feb. 5 By deposit at sale 1 20 0 0
Mar. 4 " balance of rent to 5th February, 1863 3 194 10 0
4 1862 214 10 0
Feb. 5 By deposit at sale 1 18 6 0
Mar. 5 " balance of rent to 5th February, 1863 3 164 17 0
Mar. 18 " transfer 4 1 0 0
5 1862 184 3 0
Feb. 5 By deposit at sale l 16 16 0
Feb. 24 " balance of rent to 5th February, 1863 2 151 10 0
Feb. 24 " transfer 2 1 0 0
7 1862 169 6 0
Feb. 5 By deposit at sale 1 16 10 0
Mar. 4 " balance of rent to 5th February, 1863 3 148 10 0
Apr. 17 " transfer 4 1 0 0
July 2 " do. 4 1 0 0
8 1862 167 0 0
Jan, 5 By deposit at sale 1 16 12 0
Mar. 4 " balance of rent to 5th February, 1863 3 150 1 0
Mar. 10 " transfer 4 1 0 0
July 2 " do. 4 1 0 0
9 1862 168 13 0
Feb. 5 By deposit at sale 1 15 16 0
Feb. 13 " balance of rent to 5th February, 1863 2 142 12 0
Feb. 13 ,, transfer 2 1 0 0
jJuly 1 " do. 4 1 0 0
10 1862 160 8 0
Feb. 5 By deposit at sale 1 13 0 0
Mar. 5 " balance of rent to 5th February, 1863 3 108 9 3
11 1862 121 9 3
Feb. 5 By deposit at sale 1 16 0 0
Mar. 5 " balance of rent to 5th February, 1863 4 147 7 0
July 2 " transfer 1 0 0
12 1862 164 7 0
Feb. 5 By deposit at sale 2 16 0 0
Feb. 24 " balance of rent to 5th February, 1863 2 137 9 0
May 10 " transfer 4 1 0 0
Nov. 24 " do. 8 1 0 0
Nov. 24 " do 8 1 0 0
13 1862 156 9 0
Jan. 5 By deposit at sale 2 14 0 0
Mar. 4 " balance of rent to 6th February, 1862 3 122 19 0
136 19 0page 122
14 1862 £ s. d. £ s. d.
Feb. 5 By deposit at sale 2 11 14 0
Mar. 4 " balance of rent to 5th February, 1863 3 105 9 0
Mar. 5 " transfer 3 1 0 0
Aug. 13 " do. 6 1 0 0
Nov. 17 " do. 8 1 0 0
15 1862 120 3 0
Feb. 5 By deposit at sale 2 11 14 0
Mar. 4 " balance of rent io 5th February, 1863 3 105 9 0
Apr. 17 " transfer 4 1 0 0
June 1 " do. 4 1 0 0
16 1862 119 3 0
Feb. 5 By deposit at sale 2 10 4 0
Mar. 4 "rent to 5th February, 1863 3 92 2 0
Apr. 17 " transfer 4 1 0 0
Aug. 13 " do. 6 1 0 0
17 1862 104 6 0
Feb. 17 By deposit at sale 2 15 0 0
Feb. 21 " rent, 21st November, 1862, to 5th February, 1863 8 36 5 0
61 5 0
Account.
£ s. d.
By balance of section No. 1 53 16 6
" " " " 2 44 15 0
" " " " 3 214 10 0
" " " " 4 184 3 0
" " " " 5 169 6 0
" " " " 7 167 0 0
" " " " 8 168 13 0
" " " " 9 160 8 0
" " " " 10 121 9 3
" " " " 11 164 7 0
" " " " 12 156 9 0
" " " " 13 136 19 0
" " " " 14 120 3 0
" " " " 15 119 3 0
" " " " 16 104 6 0
" " " " 17 51 5 0
£2,136 12 9

H. W. Cutten,
Commissioner of Crown Lands.

Note.—The sums given in the summary account above are the totals of the other accounts on 24th January, as these accounts will not be closed till 5th February proximo.