✨ Legislative Council Proceedings
such lands shall have been adjudged by the
Commissioner to be granted to the persons enti-
tled thereto, each claimant shall, at his option,
select his lands out of the lands originally pur-
chased by him from the natives, upon the condi-
tions following, viz.-1st, That he shall be per-
mitted to cause a survey to be made of the said
lands at his own expense, and shall receive a grant
thereof from the Crown, such grant to be a full
satisfaction to the grantee of all claims arising out
of the purchase of the lands therein comprised.
2nd. That if the grantee shall, at any time, be
found by the Surveyor-General to have taken
more than the quantity of land to which he is
entitled, he shall be compelled to pay to the
government, on the Surveyor-General's certificate
of the same, double the selling price at the time
of the date of such certificate. 3rd. That at any
time after the selection of lands, in the places
where they were originally purchased from the
natives by the grantee as aforesaid, he shall have
the right of pre-emption of any lands, thereto
adjoining, at the minimum price of crown lands
per acre, Provided always, that if any other per-
son shall be found willing to purchase the said
lands, three months' notice shall be given of the
same to the grantee, as aforesaid, and if he do
not complete his purchase within the time above
specified, he shall be deemed to have foregone the
right of pre-emption as aforesaid, and the said
lands shall be sold accordingly,"
After second division in clause 8, insert, "That
all persons who shall be entitled to grants of land,
in respect of alleged purchasers of lands within
the Middle Island of New Zealand, commonly
called 'New Munster,' shall make such selection
in a district within the said Island, to be hereafter
set apart for that purpose by his Excellency the
Governor of New Zealand."
In clause 17, lines 156 and 159, instead "of a
solid Parallelogram of which no one side shall be
more than twice the length of any other side,"
insert the words, "a superficial parallelogram, or
in case that cannot be found practical, a trapeziod
of which no one side shall be more than twice the
length of any other side."
After c'ause 21 insert, "That all lands validly
purchased from the Natives by the Missionaries of
every denomination within this Colony, for and
on behalf of the Missions, whose servants they
respectfully are, shall be retained by the said
Missionaries for the time being, as Trustees for
the several Missionary Societies to which they
belong, and the said Missionary Societies shall
hold the same so long as they continue to send
out Missionaries to this Colony, failing in which,
such lands shall revert to the Crown."
"Provided always, that this provision shall not
extend to the lands of any Missionary who may
have purchased lands from the Natives on his
own account, nor to any lands granted by
the Natives to any Missionary upon his own
account, for services rendered or to be rendered;
provided also, that nothing herein contained shall
extend to the lands of any town, at present exis-
ting or to be formed hereafter within this Colony,
nor to any rights of Her Majesty, Her Heirs, and
Successors."
Mr. Clendon—I, also, have a notice of motion,
which is :—
That clause 7 be amended as follows; -after
the word "been," in the 17th line, erase to the
word "erected," in the 89th line, and insert
"equitably purchased."
The Colonial Secretary then moved that the
Council do resolve itself into Committee on "the
Land Claims' Bill."
The Colonial Treasurer seconded the motion,
which was put from the Chair, when the numbers
were:—
Ayes—His Excellency,
The Colonial Secretary,
The Attorney General,
The Colonial Treasurer.
Noes—Mr. Earp,
Mr. Porter,
Mr. Clendon.
The Clerk of Council having read the title to
the Bill.—
The Colonial Treasurer moved that the further
consideration of the Bill in Committee be ad-
journed to Monday, the seventh of February, in
order to give time for the amendments, of which
notice had now been given by hon. Members, to
be printed.
The motion was seconded by Mr. Porter, and
unanimously greed to.
On the motion of Mr. Clendon, the order of
the day, for the consideration of the Licensing
Bill in Committee, was postponed to Tuesday the
8th instant.
The Council then adjourned to Monday, the 7th
of February.
Monday, February 7, 1842.
This being the day appinted for the considera-
tion of the Land Claims' Bill in Committee, the
Council Room was crowded. There were present
all the Members.
The Minutes of the last Council having been
read, were, with the exception of a mere verbal
alteration, confironed.
The Governor begged to ask Mr. Earp if he was
in possession of any instructions, or despatches,
from the Home Government, on the important
question of the Claims to Land, in addition to
those which had been recently laid on the table
for the information of Members generally, in ac-
cordance with requests made by the honorable
member himself and Mr. Clendon.
Mr. Earp said, he had two despatches in his
possession, in addition to those alluded to by His
Excellency.
LAND CLAIMS' BILL.
The Governor then said previous to the bill being
considered in Committee, I think it right to state
the course which Government intend to pursue.
The notices of amendment given by non-official
Members at the last meeting of Council are so im-
portant, that they would, if adopted, not merely
effect important alterations in the details of the
measure, but change its vital principle. Govern-
ment, I need not say, feels the deepest anxiety as
to its success; but when we find that non-official
Next Page →
✨ LLM interpretation of page content
🏛️
Continuation of Land Claims' Bill Committee Proceedings and Amendments
(continued from previous page)
🏛️ Governance & Central Administration7 February 1842
Land Claims Bill, Legislative Council, Amendments, New Munster, Land Grants, Debate
- Clendon (Mr.), Gave notice of motion, voted No
- Earp (Mr.), Voted No, questioned by Governor
- Porter (Mr.), Voted No, seconded adjournment motion
- His Excellency
- The Colonial Secretary
- The Attorney General
- The Colonial Treasurer
- The Clerk of Council
- The Governor
NZ Gazette 1842, No 14A