✨ Despatch regarding New Zealand Company settlements




wished. But inasmuch as the terms of
Purchase were held by the Law Advisers
of the Crown to be binding on Her Ma-
jesty as contracts of the New Zealand
Company, her Majesty\'s Government
did not consider it to be competent to
them to get rid, as fully as might, per-
haps, have been desirable for all parties,
of the impediments to uniformity of
management of the Crown Lands of the
Colony which those contracts create,
without the assent of the other parties to
the contract, namely, the Land Pur-
chasers, which at this distance it was im-
possible to secure.

  1. The Act, however, leaves it in the
    power of Her Majesty\'s Government to
    make Terms and Regulations for the
    management of the lands comprised
    within the Settlements of Wellington,
    New Plymouth, and Nelson : but not so
    as to alter the price at which they may
    be offered to purchasers. This must re-
    main fixed by the terms now in force in
    each Settlement respectively.

  2. Considering the great amount of
    land in and near the Settlements, which
    is now in private hands and can conse-
    quently be disposed of at any price, I
    cannot but feel that there is little or no
    prospect of completing the Settlements
    on the original Terms. And if the Set-
    tlers are of the same opinion, and are
    willing to have the price so reduced, I can-
    not doubt that an unanimous or general
    expression of this sentiment on their be-
    half, will be sufficient to enable Her Ma-
    jesty\'s Government to obtain from Parlia-
    ment on another occasion a relaxation of
    this still existing restriction.

  3. In other respects the modification
    of the existing Terms will be in your
    power: and you are authorized by Her
    Majesty (by yourself or through
    the intervention of the Lieutenant-Go-
    vernor) any such modifications in your
    discretion, subject to the ultimate ap-
    proval of Her Majesty\'s Government.
    But this is a power which you are not to
    exercise except with the general assent,
    ascertained in such manner as you may
    think most advisable of the Settlers
    themselves. You will remember that
    they established themselves in the settle-
    ments under the inducements afforded
    them by the terms in question : and that
    although, from the difficulty of giving
    them in their unincorporated state any
    powers by Act of Parliament, it has been
    found more convenient to take those
    powers for Her Majesty\'s Government
    alone, it is not the less necessary that
    their interests should not only be fully

considered, but their opinions also con-
sulted and acted on. And if any scheme
can be devised by which the management
of the internal affairs of the settlements
and distribution of the funds can be
placed in their own hands, I shall have
great satisfaction in entertaining it.

6 Power is also given you to deter-
mine the Local Boundaries of the Set-
tlements : a power which in my opinion
you already possessed, and as to the
exercise of which I have addressed you
before, but which it was desirable to con-
firm by Act of Parliament.

  1. You are also authorized to "close
    and determine the affairs of the Settle-
    ments. This is a power only to be exer-
    cised in concurrence with the Settlers
    themselves. If they shall in any Settle-
    ment determine in such a manner as to
    leave no doubt of the general sentiments
    prevailing among them, that the original
    scheme as devised by the New Zealand
    Company ought no farther to be carried
    into execution, but that the settlement
    should cease and become included under
    one common administration, with the other
    Crown Lands of the Colony, you are em-
    powered to accede to their wishes. But
    this is a power on no account to be exer-
    cised except with their full concurrence,
    nor without prior consultation with the
    Secretary of State.

  2. The remaining clauses of the Act
    relate to the management of the Nelson
    Trust Fund. The circumstances under
    which that Fund arose are described in
    the recitals, and you will observe that its
    amount is as yet unascertained. It is to
    be administered by a Board of Trustees.
    But it was not thought advisable, in the
    absence of particular local knowledge, to
    insert in the Act particular provisions of
    the nature of those described in Sec. 5, as to
    the conduct of the Trust. Power to enact
    these necessary provisions is left instead
    to the Local Legislature : and it will be
    necessary they should be speedily exer-
    cised : but for this purpose you or the
    Lieutenant-Governor will consult with
    the nominated Trustees themselves, to
    whom it will be necessary that a copy of
    the Act should be transmitted, and their
    attention immediately invited to its pro-
    visions.

  3. Unless it is the strong wish of the
    Trustees themselves, or the Nelson Set-
    tlers generally, that any control or super-
    vision over the accounts, or over the ap-
    propriation of the Trust Fund should be
    reserved to the Local Government, it is
    certainly not advisable that any provision
    giving it such control should be inserted



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Online Sources for this page:

PDF PDF New Munster Gazette 1852, No 1





✨ LLM interpretation of page content

πŸ›οΈ Despatch regarding the regulation of New Zealand Company settlements (continued from previous page)

πŸ›οΈ Governance & Central Administration
8 August 1851
New Zealand Company, Settlements, Imperial Act, Despatch, Crown Lands, Nelson Trust Fund