Native Land Ordinance Enforcement




165

published below, will in every case in future be strictly enforced, without distinction, against persons found offending against the said Ordinance by depasturing Sheep or Cattle on any Lands not being Crown Lands, or held under a Grant from the Crown; and the members of the Police Force throughout the Province are strictly enjoined to use all possible diligence in bringing to account all transgressors of the law above named.

T. H. FITZGERALD,
Superintendent.

  1. If any person shall, after the passing of this Ordinance, purchase or by writing or otherwise agree to purchase any Estate, or Interest in Land from any person of the Native Race, or shall by writing, or otherwise, agree with any such person for the purchase of the right of cutting Timber or other Trees, or of the right of mining, or of the right of pasturage, or for the use or occupation of Land.

And also if any person who shall not hold a License from the Government for that purpose shall after the passing of this Ordinance, be found using or occupying any Land not comprised within a Grant from the Crown, either by depasturing any sheep or cattle thereon or by residing thereon or by erecting any house or building thereon or by clearing, enclosing, or cultivating any part thereof, or who shall be found without such License aforesaid to have cut Timber or other Trees thereon, or to have gotten any Mineral therefrom.

Every such person shall, upon conviction of any of the offences hereinbefore mentioned, forfeit and pay any sum not less than five pounds nor more than one hundred pounds, to be recovered in a summary way. Provided that no person shall be convicted of any of the offences aforesaid, except on the information or complaint of the Surveyor General or of some other officer duly authorised in that behalf by His Excellency the Governor.

  1. If any person so convicted as aforesaid, shall for the space of one calendar month continue in possession or occupation of such Land, or otherwise persist in the unlawful act for which he shall have been so convicted, every such person shall, upon conviction of any such further offence, upon such information or complaint as aforesaid, forfeit and pay any sum not less than five pounds, nor more than one hundred pounds, to be recovered in a summary way.

  2. In case of any conviction under the provisions of this Ordinance, where any person or persons shall appear to have been active in, or towards the procuring of any such conviction, it shall be lawful for His Excellency the Governor to award to such person or persons any portion of the penalty recovered upon such conviction, but not exceeding in, the whole one-half thereof, as to him shall seem meet.




Online Sources for this page:

PDF PDF Hawke's Bay Provincial Gazette 1860, No 31





✨ LLM interpretation of page content

🪶 Enforcement of Native Land Purchase Ordinance (continued from previous page)

🪶 Māori Affairs
Native Land Purchase Ordinance, Land occupation, Timber cutting, Mining, Pasturage, Penalties, Crown Lands
  • T. H. Fitzgerald, Superintendent