✨ Legislative Council Debate




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of such portions as are required. With respect
to the statement that the preamble of the Bill is
at variance with several of the clauses, and that
the New Zealand Company are placed in a better
position than other claimants, it must be remem-
bered that the Company is incorporated by Royal
Charter, which grants them certain priveleges
and powers, and which it is necessary to secure
to them by provisions in the Bill now before the
Council. It need scarcely be pointed out that
such powers as have been conferred on that Char-
tered Body by Her Majesty's Government could
not be extended to individual claimants.
I can assure Mr. Porter, that it is not the inten-
tion of Government to interfere in any way,
with the whaling or trading settlements. On the
contrary, his Excellency wishes to hold out to
them every encouragement. For this purpose
long leases have been proposed, which will enable
parties to pursue their occupations with success,
and will ensure to the Government a proper con-
trol over the forming of townships, and the laying
out of districts for colonization.

Mr. Earp, during the incidental discussion,
said "If I had been sent to this country, to
choose a place for the seat of Government, I
should, most assuredly have selected Auckland."

The Attorney General said-The principles
upon which this bill is framed have already been
so fully developed in your Excellency's opening
address, that, on a subject of less importance I
should have contented myself by simply moving
its second reading. But on a measure involving
the successful colinization of this country-a
measure of which I shall take my full share of
responsibility, and in which I feel so strong an
interest-I need scarcely offer any apology for
occupying the time of the Council with a few
observations. Before doing so, however, I would
advert to the petition which has been presented to
this Council, purporting to convey the sentiments
of the landowners of Kororarika, on the subject
now under our consideration. If that petition
expresses the opinions of any considerable num-
ber of the landowners of the North, I cannot but
express my astonishment and regret, that so large
a number of persons, professing to be so deeply
interested in the subject should be found in this
country, possessing so little acquaintance with
the views of Her Majesty's Government, in refer-
ence to the subject of its colonization. The asser-
tions, hazarded in that petition are, that the prin-
ciples on which the land in this country is claimed
are unconstitutional and unjust;-that the Local
Government is incompetent to legislate with a
view to the settlement of the Land Claims' ques-
tion;-that, in acquiring the sovereignty over
New Zealand the British Government were influ-
enced, almost entirely, by a desire to promote the
interests of those already settled in the country;-
that they did not contemplate the founding of an
extensive colony; and, consequently, the acquisi-
tion of large tracts of land by the Crown were
unnecessary;-and that, granting this Council to
be competent to deal with this subject, the pro-
posed mode of settling the question is at variance
with the views of her Majesty's Government. In
demonstrating the utter falsity of these assertions
it will be my duty to prove that the main object
of the Government at Home, in acquiring the
sovereignty of New Zealand, was on the contrary,
its colonization on an extensive scale, on those
principles which experience has proved to be most
advantageous;-and that the course prescribed by
the Secretary of State for dealing with this ques-
tion, has invariably been recommended with a
view to that object. In deviating from that
course, from any pressure from without, or from
any other cause, the Local Government would not
only be disregarding the obvious views of the
Government at home, but would be justly charge-
able with the virtual destruction of one of the
fairest possessions of the Crown. Anxious, how-
ever, for the welfare of all, the Government have
prepared a measure which they confidently expect
will, consistently with the prosperous settlement
of the Colony, really promote the individual
interests of the claimants themselves, and which,
after his Excellency's explanations, will receive
from the Colonists that consideration and support
which a government, honestly labouring for the
good of the country, has a right to expect. I think
that every member of the Council will agree with
me that it is now too late, and that this would not,
at any time be a fitting tribunal for discussing the
principles on which the Colony has been founded
by the Crown. It is sufficient for us to know that
Her Majesty's Government have determined to
subject all claims to land in this colony to investi-
gation; -and quoting the language of the Secre-
tary of State, "with regard to all lands in the
colony, acquired under any other title than that
of Grants under the Crown;" and on behalf of
her Majesty, it is proposed that the title of the
claimants should be subjected to the investigation
of a commission, to be constituted for that pur-
pose. The basis of that inquiry will be the
assertion, on behalf of the Crown, of a title to
all lands situate in New Zealand, which have,
heretofore, been granted by the Chiefs of these
Islands, in accordance with the customs of the
country, and in return for some adequate conside-
ration;" and that it was an express instruction
to yourself that you should announce, by procla-
mation, addressed to all the Queen's subjects in
New Zealand, that "Her Majesty will not ac-
knowledge, as valid, any title to land which either
has been, or shall hereafter be acquired in that
country, which is not either derived from, or
confirmed by, a grant to be made in Her
Majesty's name and on her behalf." The denial
of the competency of this Council to deal
with the subject, can only be advanced by those
who are entirely ignorant of the constitution
of the Colony, and the views of Her Majesty's
Government. By the Royal Charter, the Legis-
lative Council thereby appointed, is authorized
"to make and ordain all such Laws and Ordinan-
ces as may be required for the peace, order, and
good government" of the Colony. And, if this
is not sufficient to authorise this Council to legis-
late on the subject, the Governor is expressly
directed that, with reference to the Land question
if, "on the receipt of this dispatch, a commission
appointed by the government of New South Wales
shall be in force in New Zealand, you will take the



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VUW Te Waharoa PDF NZ Gazette 1842, No 11A





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πŸ›οΈ Conclusion of Legislative Council Debates on the First Land Claims Bill (continued from previous page)

πŸ›οΈ Governance & Central Administration
16 March 1842
Legislative Council, Land Claims Bill, Debates, New Zealand Company, Land claims, Colonization, Kororarika, Attorney General
  • Porter (Mr.), Addressed regarding settlement assurances
  • Earp (Mr.), Stated preference for Auckland location

  • The Attorney General
  • His Excellency