- 2.
the restriction from the Crown Lease.
The answer, as I
conceive it, is that Government is not intimately concerned
with details of reconstruction.
Government has from time to time leased land on
favourable terms (i.e. without payment of premium and at
a nominal Crown rent) for charitable religious or educational
purposes, to institutions belonging to the people of various
races nationalities religions and denominations.
Matters
of reconstruction of trusts must of necessity be left to
the management of the institution concerned.
I would
respectfully suggest that Government has only to consider
whether the charitable religious or educational purposes
are being fulfilled by the user of the land, or by the
application of the proceeds, in the event of licence to
sell being granted, in such a way as to justify the
favourable terms provided by Government.
6.
7.
The Petitioner is acting on the advice of an
eminent solicitor, and it may be assumed that what he now
proposes to do could not be regarded as a breach of trust.
The question arises as to what payment of Crown
rent should be made by the purchaser of the section, in
the event of sale being authorised. It would seem only
fair that he should pay at the rate appropriate to the
district. Of course, the higher the Crown rent, the
lower would be the purchase price, and it seems to me to
be entirely a question of how far it is intended that the
Petitioner, in his fiduciary capacity, should benefit by
the proposed transaction.
The Petitioner wishes to sell
land which has been acquired by his Institution without
payment of premium.
8.
The Declaration of Trust referred to in Section 7
of Ordinance No. 4 of 1925 constitutes what might be described
15