Provincial government correspondence and legal inquiries




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neral nature, such as the Fencing, Impounding Acts &c., undoubtedly can.
I have the honor to be,
Sir,
Your most obdt. Servant,
(Signed) T. H. FITZGERALD.
The Hon. the Colonial
Secretary &c., Auckland.

Sess. 1, No. 2—Interpretation Act
Sess. 1, No. 4—Empowering Act
Sess. 1, No. 26—Officer's and Contractor's Act.

Colonial Secretary's Office,
Auckland, July 11, 1859.

SIR,—In reply to your Honor's letter of the 4th ultimo, requesting to know whether, in the opinion of the Attorney-General, the Acts of the Provincial Council of Wellington set forth below would apply to the Province of Hawke's Bay,—I have the honor to inform you that the Attorney-General is of opinion that the Acts in question are in force in the Province of Hawke's Bay, under the 4th Section of the New Provinces Act, 1858.

I have the honor to be,
Sir,
Your very obdt. Servant,
(Signed) HENRY JOHN TANCRED,
For the Colonial Secretary.

His Honor the Superintendent of Hawke's Bay,
Napier.

Sess. 1, No. 2—Interpretation Act
Sess. 1, No. 4—Empowering Act
Sess. 1, No. 26—Officer's and Contractor's Act.

Superintendent's Office,
Napier, June 3, 1859.

SIR,—As it was customary whilst this Province formed a portion of the Province of Wellington, for the Sub-Commissioner of Crown Lands here to receive applications and deposits for occupation licenses to depasture stock over lands not yet acquired from the natives, or that may not be acquired for many years to come, I have the honor to submit the enclosed questions for the opinion of the Attorney-General on this subject, which if not out of order in applying for it, I would be greatly obliged by your procuring for me; as it appears to me and many others

here that great irregularity has taken place in receiving such applications at any time, and that neither the original rules and regulations for the issue of pasture licenses, or the additional Land Regulations adopted by the Provincial Council of Wellington on 15th February, 1853, warrant the adoption of such a course, or pledge the Government in future against dealing with lands so applied for, in the way that may be thought most beneficial for the interests of the public, on their becoming Crown Lands.

A great evil that has resulted from entertaining applications like those above mentioned is, that persons have been encouraged in very many cases where they are applicants for Native Lands to occupy them in defiance of the law, in hope of their being shortly after purchased by the Government, and, by such occupation have made their acquisition far more difficult and expensive than if the Commissioner of Crown Lands had steadily refused to entertain applications for licenses till the lands had become Crown Lands.

I have the honor to be,
Sir,
Your most obdt. Servant,
(Signed) T. H. FITZGERALD,
Superintendent.

The Hon. the Colonial
Secretary &c., Auckland.

QUESTIONS

For the opinion of the Attorney-General relative to applications to depasture stock on land not yet acquired from the natives :—

1st.—Is there any law, rule or regulation authorising the Commissioner of Crown Lands, to receive applications with deposits for depasturing licenses over Native Lands, or lands not actually belonging to the Crown?

2nd.—Do applicants for depasturing licenses over Native Lands acquire a right of priority over other applicants for the same lands after they have become Crown Lands?

3rd.—Can it be regarded as unjust or breaking public faith with applicants for licenses to depasture stock on native lands, if the Government should wish to apply other rules more suitable to the present requirements of the Province when they become Crown Lands. Or, in fact, ought the Government to



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Online Sources for this page:

PDF PDF Hawke's Bay Provincial Gazette 1859, No 5





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🏘️ Inquiry regarding application of Wellington Provincial Council Acts to Hawke's Bay (continued from previous page)

🏘️ Provincial & Local Government
11 July 1859
Provincial Council, Wellington, Hawke's Bay, New Provinces Act, Attorney-General, Interpretation Act, Empowering Act, Officer's and Contractor's Act
  • T. H. Fitzgerald, Superintendent
  • Henry John Tancred, For the Colonial Secretary

🗺️ Inquiry regarding legality of depasturing licenses on Native Lands

🗺️ Lands, Settlement & Survey
3 June 1859
Crown Lands, Depasturing licenses, Native Lands, Land Regulations, Superintendent, Hawke's Bay, Wellington
  • T. H. Fitzgerald, Superintendent