THE NEW ZEALAND ADVERTISER, AND Bay of Islands Gazette.

No. XVI.] KORORAREKA, THURSDAY, SEPTEMBER 24, 1840. [VOL. I.

THE GAZETTE,

Colonial Secretary’s Office.

RUSSELL, 17th Sept., 1840.

HIS EXCELLENCY THE LIEUTENANT-GOVERNOR has been pleased to direct the publication of the following Act passed by the Governor and Council of New South Wales, on the fourth day of August, one thousand eight hundred and forty, for general information.

By His Excellency's Command,
(For the Colonial Secretary,)
JAS. STUART FREEMAN.

ANNO QUARTO,

Victoria Regina.

No. 7.

By His Excellency Sir George Gipps, Knight, Captain-General and Governor-in-Chief of the Territory of New South Wales and its Dependencies, and Vice-Admiral of the same, with the advice of the Legislative Council.

An Act to empower the Governor of New South Wales to appoint Commissioners with certain powers, to examine and Report on Claims to Grants of Land in New Zealand.

WHEREAS in various parts of the Islands of New Zealand comprehended within the limits of the Territory and Government of New South Wales, Tracts or Portions of Land are claimed to be held by various individuals, by virtue of purchases or pretended purchases, gifts or pretended gifts, conveyances or pretended conveyances, or other titles, either mediately or immediately from the Chiefs or other individuals of the Aboriginal Tribes inhabiting the same; and whereas no such individual or individuals can acquire a Legal Title to or permanent interest in any such Tracts or Portions of Land, by virtue of any gift, purchase or conveyance by or from the Chiefs or other individuals of such Aboriginal Tribes as aforesaid; and whereas her Majesty hath, by instructions under the hand of one of her Majesty's Principal Secretaries of State, dated the 14th day of August, one thousand eight hundred and thirty-nine, declared her royal will and pleasure not to recognize any Titles to Land in New Zealand which do not proceed from, or are not, or shall not be allowed by her Majesty; and whereas it is expedient and proper to put beyond doubt the validity of all Titles to Land within the said Islands of New Zealand, founded upon such purchases or pretended purchases, or pretended gifts, conveyances or pretended conveyances, or other Titles from the said uncivilized Tribes, or Aboriginal inhabitants of New Zealand: be it therefore declared and enacted by His Excellency the Governor of New South Wales, by and with the advice of the Legislative Council of the said Colony, that all Titles to land in New Zealand which are not, or may not hereafter be allowed by her Majesty, are, and shall be absolutely null and void.

(Governor may appoint Commissioners to examine and report upon Claims to Grants of Land in New Zealand.)

And whereas her Majesty hath, in the said instructions, been pleased to declare her Majesty’s gracious intention to recognise Claims to Land which may have been obtained on equitable terms from the said Chiefs or Aboriginal inhabitants of the said Islands of New Zealand; and which may not be prejudicial to the present or prospective interests of such other Majesty’s subjects as may resort to, or settle in the said islands; and whereas it is expedient, and necessary that, in all cases wherein Lands are claimed to be held by virtue of any purchase, or conveyance, of any other title whatsoever from the said Chiefs, or Tribes, or any Aboriginal inhabitant whomsoever of the said Islands, strict inquiry be instituted into the mode in which such Lands have been acquired, and also into the extent and situation of the same, and also to ascertain all the circumstances upon which such claims may be founded: Be it therefore enacted, that it shall and may be lawful for the said Governor of New South Wales to issue one or more Commission or Commissions, and thereby to appoint Commissioners who shall have full power and authority to hear, examine, and report on all Claims to Grants of Land in New Zealand; and each of such Commissioners shall, before proceeding to act as such, take and subscribe before one of the Judges of the Supreme Court of New South Wales, or before such person resident in New Zealand as the Chief Justice for the time being of the said Court shall under his hand and seal nominate and appoint for that purpose, the oath set forth in the Schedule to this Act annexed, marked A; and the Colonial Secretary of New South Wales shall cause the said oaths, and also the Oath to be taken by the Secretary to the said Commissioners, as hereinafter provided, to be respectively recorded in his office.

(Governor may appoint Secretary to Commissioners)

III. And be it enacted, that some fit and proper person or persons may from time to time be appointed by the said Governor to perform the duties of Secretary or Secretaries to the said Commissioners, should the said Governor deem the appointment of such Secretary or Secretaries to be necessary; and the said Secretary or Secretaries shall, before exercising any of the duties of his or their office, take and subscribe before one of the Judges of the said Supreme Court, or before such person resident in New Zealand as the Chief Justice for the time being of the said Court, shall, under his hand and seal nominate and appoint for that purpose, the oath set forth in the Schedule to this Act annexed, marked B.

(Governor as often as he shall think fit, may refer all Claims to Grants of Land to Commissioners.)

IV. And be it enacted, that it shall be lawful for the Governor of the said Colony, as often as to his Excellency shall seem fit, to refer the claims of all persons making application to have Grants of Land within the said islands of New Zealand executed to them in due form of Law, in fulfilment of her Majesty’s gracious intention, to the said Commissioners, to the end, that all such claims may be duly examined and reported upon for the information and guidance of the said Governor: And the said Commissioners, or any two of them, shall proceed to hear, examine, and report on such claims in manner hereinafter mentioned: Provided always that nothing herein contained shall authorise the said Commissioners to receive or report upon any claims but such as shall be referred to them by the Governor aforesaid; and provided further, that all claims which shall not be preferred in writing to the Colonial Secretary of New South Wales, within six months after the passing of this Act, shall be absolutely null and void, unless it shall be made to appear to the satisfaction of the said Governor, that any claimant or claimants shall not, by reason of absence from the Colony, or other sufficient cause, have been able to prefer his or their claims within the term of six months, in which case it shall be lawful for the said Governor at any time within a further term of six months, to refer such claim or claims to the said Commissioners, who shall have power and authority to receive and report upon the same, as in other cases.

(Commissioners to be guided by the real justice of the case.)

V. And be it enacted, that in hearing and examining all claims to Grants as aforesaid, and reporting on the same, the said Commissioners shall be guided by the real justice and good conscience of the case, without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure, or that is laid before them, whether the same be such evidence as the law would require in other cases or not; and that the said Commissioners shall in every case inquire into and set forth so far as it shall be possible to ascertain the same, the price or valuable consideration, with the sterling value thereof paid for the lands claimed, to any of the said Chiefs or Tribes, or any Aboriginal inhabitant of New Zealand, as well as the time and manner of payment, and the circumstances under which such payment was made, without taking into consideration the price or valuable consideration which may have been given for the said Lands by any subsequent purchaser, or to any other person, or persons, save such Chiefs or Tribes, or Aboriginal inhabitant as aforesaid; and shall also inquire into and set forth the number of acres which such payment would have been equivalent to, according to the rates fixed in a schedule marked D, annexed to this Act; and if the said Commissioners, or any two of them shall be satisfied that the person or persons claiming such Lands or any part thereof, is or are entitled according to the declaration of her Gracious Majesty as aforesaid, to hold the said Lands, or any part thereof, and to have a Grant thereof made and delivered to such person or persons, under the Great Seal of the said Colony, they, the said Commissioners shall report the same, and the grounds thereof, to the said Governor accordingly; and shall set forth the situation, measurement, and boundaries by which the said Lands, or portions of Land, shall and may be described in every such Grant, so far as it shall be possible to ascertain the same: Provided, however, that no Grant of Land shall be recommended by the Commissioners, which shall exceed in extent two thousand five hundred and sixty acres, unless specially authorised thereto by the Governor, with the advice of the Executive Council, or which shall comprehend any Head Land, Promontory, Bay, or Island, that may hereafter be required for any purpose of defence, or for the site of a Town, or for any other purpose.