CO885-(10-11) — Page 204

930.

MY LORD DUKE,

No. 160.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, January 26, 1863. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 24th January instant, stating that he was directed by your Grace to transmit to us, for our joint consideration the enclosed copy of an Act by the Legis- lature of New Zealand, intituled, 26 Vict. c. 13., An Act to further amend the Land Registry Act, 1860.

Sir Frederic Rogers was also pleased to state that in our Report, dated the 26th February last,* on the Land Registry Act of 1860, and subsequent Acts,† we expressed the opinion that the interests of justice required notice of every original application to register a title to be advertised in the Gazette, or some newspaper used for public and official advertisements at the general seat of Government, as well as in a news- paper of local circulation within the particular district, and that some definite period of time which might be considered reasonably sufficient, under the circumstances of the Colony, to enable the interests of persons not resident upon the spot, or in the Colony, to be duly protected, ought to be fixed by law as the minimum interval to elapse between the publication of the advertisement, and the next step to be taken by the District Registrar towards registering the title, or else that the interests of all persons absent from the district, or from the Colony, to whom notice might not have been expressly given, should be reserved upon the face of the register, for some reasonable time after, and notwithstanding the entry of the applicant's name as proprietor.

That with reference to this opinion, he was to request that we would inform your Grace whether we considered that the Act submitted to us provides sufficiently for the protection of interests of persons who are non-resident, and also that as the period for disallowing the Act of 1860 (should that step become necessary) would expire soon after the next meeting of the Privy Council on the 2nd of February, it would be convenient to your Grace if we should be able to furnish you with our opinion before

that date.

In obedience to your Grace's commands we have taken this matter into considera- tion, and have the honour to

Report

That we are of opinion, that the Act now submitted to us, does sufficiently provide for the protection of the interests of persons not resident in the Colony of New

Zealand.

In our former report we advised (in the alternative) either that notices of applica- tions to register land should be required to be given in some newspaper published at the seat of Government for a time sufficient to make it reasonably probable that the interests of persons absent from the Colony might be thereby protected, or else that the interests of all such persons, to whom notice might not have been expressly given, should be reserved and saved, notwithstanding the registration, for some reasonable time.

The Legislature of New Zealand has preferred adopting the latter alternative; and, by saving all such interests of absent persons (to whom notice may not have been expressly given for six months before the application to register) for a period of two years after registration, has, in our opinion, adequately provided for the protection of these interests.

It is to be remembered that all proprietors of land in New Zealand, wheresoever resident, will, under this saving, have full opportunity of making themselves acquainted with the provisions and probable operation of these Land Registry Acts, and of taking proper measures for the care of their own interests through their agents in the Colony, before these interests can be bound by any registration, which may have taken place in their absence. They will thus be placed as nearly as possible in the same situation as if they were present in the Colony, and we cannot advise Her Majesty's Government to require under these circumstances any other or further safeguards for them, which may not be thought necessary or expedient by the Colonial Legislature for the due protection of the interests of persons resident at the seat of Government or elsewhere in the Colony.

His Grace the Duke of Newcastle, K.G.

&c.

&c.

• No. 107.

&c.

We have, &c.

(Signed)

WM. ATHERTON. ROUNDELL PALMER.

† Nos. 34 and 35 of 1861 in annexed Parliamentary Paper.

0

36978-631.

25.-2/86.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885 10

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO