.jpg)
No. 44.
Memorandum of Hon. Postmaster-General.
[Memorandum to be attached to correspondence about the disputed property in Princes Street, Dunedin, Otago.]
The Postmaster-General has carefully perused the accompanying documents and correspondence.
| 1. | He regrets that when the Hon. the Native Minister, on the 3rd January, 1865, put the case for the opinion of the Attorney-General, he stated that the Superintendent of Otago and the Commissioner of Crown Lands, in 1861, urged that the land in question was too valuable for the Natives. The Postmaster-General was Superintendent for a great portion of the year in question, and is not aware that he based any Provincial objection on such evidently most unfair grounds; indeed he believes it impossible that any one in Dunedin would seriously do so. The Postmaster-General does not know whether there is any documentary evidence to show that such a plea was ever seriously urged. The Postmaster-General distinctly remembers that he recommended that a separate account should be kept, in order that the rents should go to the rightful owner; this is supported by Mr. Cutten's letter of the 15th February, 1865, attached. |
| 2. | The Postmaster-General, when in Dunedin in April last, strongly urged the Provincial Government, both officially and privately, to bring forward any evidence they might possess in support of Provincial claims to the property in question. The appointment of a Select Committee was the result. |
| 3. | The Committee announce their unanimous decision, but do not forward the evidence on which it is founded. The Postmaster-General is of opinion that the points adduced require the gravest consideration at the hands of the Cabinet. |
| 4. | It would appear from the concluding paragraph that the Council are unaware that a Crown Grant has already been issued, which the Postmaster-General believes to be the case, in favour of another party. In cases of dispute on which judgment is likely to be pronouned, the parties have an opportunity of hearing all the evidence on both sides, and of stating the objections to the reception of any portion of the same. In this case the Government, who have to decide, apparently know all that is urged by the Provincial Government, but the Provincial Government are not put into possession of the evidence on the other side. It will be for the Cabinet to decide whether this is in accordance with the claims of justice. |
| 5. | The Postmaster-General formerly declared that all he desired was that the Provincial Government should have a fair hearing—he adheres to that declaration. If the Cabinet on having this correspondence circulated for their reading, are of opinion that it is not essential to justice that the (Colonial) Government should know what is the evidence against them, then he submits to their decision. He refrains from any expression of opinion, desiring that the ultimate decision of the Cabinet should rest with those members of the Cabinet who have not been connected with the question. He shall feel it his duty to leave the question in their hands after this explanation. |
Wellington, 15th June, 1865.
J. Richardson.