✨ Land Dispute Resolution
weeks ago, however, I was informed
(though not officially) for the first time
that a portion of the land occupied by
me (from 12 to 14 acres), and upon
which portion almost the whole of my
money has been expended, is comprised
in a block given in exchange by Mr.
Belligny to the New Zealand Company,
and reserved by the Canterbury Act to
Her Majesty.
Upon enquiry, I find there is good
reason for believing that this is the case,
and I am therefore altogether at the
mercy of the Crown.
If the Crown insists on its strict rights,
I shall be in a measure ruined in consequence of the Association’s refusal to
guarantee the title, and forcing the purchaser to select at his own risk. I have
no remedy against them, and must be
the only sufferer. On the other hand, I
cannot think the Crown has any interest
in reserving the land for any other purpose, than to dispose of it to bond fide
settlers; and no one, I am sure, could
have gone to work with more zeal and
industry than myself as a settler. Still
less, can I suppose that the Crown will
take advantage of the expenditure which
I have made in ignorance, or of my defenceless position, to ruin me.
I have made a Vineyard and Garden; I
have imported Seeds, Plants, and Trees,
and have put them in the ground. All
my arrangements have been made in the
belief, and with the full intention, of ending my days on the land in question;
and if I am driven from it, I do not know
where I shall go to, or what I shall do.
I anxiously and respectfully, therefore,
submit my case to your Excellency, fully
convinced that you will, under the peculiar circumstances, make such an arrangement with respect to the land as may
enable me to enjoy the fruits of my labour
and expenditure.
I am naturally so anxious about this
matter, and as delay and expense are so
ruinous to my interests, that I have come
to Wellington in the hope of receiving
your Excellency’s answer with as little
delay as possible.
I am, &c.,
(Signed) WILLIAM AYLMER.
Colonial Secretary’s Office,
Wellington, 20th November, 1852.
Sir,—The Governor-in-Chief having
laid before the Executive Council your
communication of the 18th inst., upon the
subject of your title to certain land
situated at Akaroa, and purchased by
you of the Canterbury Association’s
Agent, a part of which you state you
have lately ascertained to be Crown property, I am instructed by his Excellency
to inform you that the Council are of
opinion that, under the circumstances of
your case, the value of the land, which
belongs to the Crown, should be assessed
as Town land (but without any reference
to the improvements thereon) by persons
appointed by Government, and that upon
the Agent of the Association paying to
the Crown the assessed value of the land
in question, a Crown grant should thereupon be issued to you, or to him, as may
be desired.
I am further to acquaint you that in
arriving at this decision, the Council
have been influenced by the consideration that the land alluded to forms a
portion of a block, which, from its position, was purchased by the New Zealand
Company from M. de Belligny, for the
special purpose of forming a town site,
and that therefore they could not legally
or equitably recommend that such valuable public property should be transferred
to the Agent of the Canterbury Association, without some compensation being
secured for the loss the public would
sustain from such land having been sold
as rural land.
I have, &c.,
(Signed) ALFRED DOMETT,
Colonial Secretary.
The Rev. William Aylmer,
&c. &c.
Colonial Secretary’s Office,
Wellington, 20th November, 1852.
Sir,—The Reverend W. Aylmer having
applied to Government respecting a
portion of land at Akaroa, comprising
about fourteen acres, which it appears
has been sold to him by the Canterbury
Association, and which there is reason
to think is the property of the Crown,
the Governor-in-Chief, with the advice of
the Executive Council, directs me to
make the following proposition to you,
with the view of arranging this matter in
such a manner as to secure the public
and private interests concerned from detriment.
It seems that Mr. Aylmer has already
expended about a thousand pounds in
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Correspondence regarding Akaroa Land Dispute
(continued from previous page)
🗺️ Lands, Settlement & Survey20 November 1852
Land dispute, Canterbury Association, Akaroa, Land orders, Squatters, Property rights
- William Aylmer (Reverend), Applicant in land dispute
- Alfred Domett, Colonial Secretary
New Munster Gazette 1852, No 31A