✨ Land Exchange Regulations and Proclamation
(68)
good the deficiency, in money, -or forego his
intended exchange.
-
Applications to exchange Land will be re-
ceived, and registered till the fifteenth day of
June next. -
Each such application must specify the
quantity of Land offered for exchange; the
locality of such Land; the number and letter
(if any), of the Land Claim; and the Commis-
sioner or Commissioners by whom it was inves-
tigated. -
No grant will be made out in favor of any
person offering to exchange Land at the end of
June next, whose application shall not have
been received by the Government before the
sixteenth day of that month. -
A considerable portion of Surveyed Town,
Suburban, and Country Land, will be put up to
Auction during the last week of June next, of
which due notice will be given; but a sufficient
quantity will be reserved for the Sales in the
months of September, and December next; in
order that other claimants whose claims may be
then unsettled, may have fair opportunities of
open competition in exchange. -
Books will be opened at the Treasury for
Land Claimants in order that they may have
credit, in land only, to the amount of the quan-
tities contained in their respective approved
claims, which they may state their readiness to
dispose of at the rate of one pound sterling per
acre, in exchange for an equivalent value of
Government laud. -
Transferable notes will be given by the
Treasury; on which it will be distinctly speci-
fied that the acceptance of such notes, by the
Government, at the above-mentioned sales, in
exchange for land only, will depend on the
validity of the claim they are intended to repre-
sent; and on their holder making good, in
money, any deficiency in the quantity of land
stated.
(L. S.)
Given under my Hand, and under
the Seal of the Colony, at Go-
vernment House, Auckland, this
twenty-sixth day of March, in
the Year of Our Lord One thou-
sand eight hundred and forty-four
ROBERT FITZROY,
Governor.
By Command,
ANDREW SINCLAIR,
Colonial Secretary.
GOD SAVE THE QUEEN!
PROCLAMATION.
By His Excellency ROBERT FITZROY,
Esquire, Captain in Her Majesty's Royal
Navy, Governor and Commander-in-Chief
in and over the Colony of New Zealand,
and Vice Admiral of the same, &c., &c., &c.
FROM this day—until otherwise ordered—
I will consent on behalf of Her Majesty
the Queen—to waive the right of Pre-emption
over certain limited portions of land in New
Zealand, on the following conditions.
Application is to be made in writing to
the Governor, through the Colonial Secretary,
to waive the Crown's right of Pre-emption
over a certain number of acres of land at, or
immediately adjoining a place distinctly speci-
fied: such land being described as accurately
as may be practicable.
-
The Governor will give, or refuse his con-
sent to waive the Crown's right of pre-emption
to a certain person, or his assignee, as His Ex-
cellency may judge best for the public welfare;
rather than for the private interest of the appli-
cant. He will fully consider the nature of the
locality—the state of the neighboring and
resident natives; their abundance or deficiency
of land; their disposition towards Europeans,
and towards Her Majesty's Government;—
and he will consult with the Protector of Abo-
rigines before consenting, in any case, to waive
the right of pre-emption. -
No Crown title will be given for any Pah,
or native burying ground, or land about either;
however desirous the owners may now be to
part with them: and, as a general rule, the
right of pre-emption will not be waived over
any land required by the aborigines for their
present use; although they themselves may
now be desirous that it should be alienated. -
The Crown's right of pre-emption will
not be waived over any of that land near Auck-
land which lies between the Tamaki road and
the sea to the northward. -
Of all land purchased from the aborigines
in consequence of the Crown's right of pre-
emption being waived,—one-tenth part, of fair
average value, as to position and quality, is to
be conveyed, by the purchaser, to Her Majesty,
her heirs and successors, for public purposes,
especially the future benefit of the aborigines. -
All transactions with the sellers;—all risks
attendant on misunderstandings: on sales made
improperly; or on incomplete purchases; must
be undertaken by the buyers until their respec-
tive purchases have been allowed, and confirmed
by grants from the Crown. -
As the Crown has no right of Pre-Emp-
tion over Land already sold to any person not
an Aboriginal Native of New Zealand:—and
whose claim is or may be acknowledged by a
Commissioner of Land Claims;—no grant will
be issued to any other than the original claim-
ant or his representative, whose claims have
been, or may be investigated by a Commis-
sioner, and recommended by him to the Go-
vernor for a grant from the Crown. -
As a contribution to the Land Fund, and
for the general purposes of Government—Fees
will be demanded in ready money, at the rate
of four shillings per acre for nine-tenths of the
aggregate quantity of Land over which it may
be requested that the Crown's right of Pre-emp-
tion may be waived.
These fees will be payable into the Treasury
on receiving the Governor's consent to waive
the right of Pre-emption.
And on the issue of a Crown Grant, after an
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🗺️
Regulations for Exchanging Crown Land (Continuation)
(continued from previous page)
🗺️ Lands, Settlement & Survey26 March 1844
Land exchange, Auction, Treasury notes, Claimants, Surveyed Land, Regulations
- Robert FitzRoy, Governor
- Andrew Sinclair, Colonial Secretary
🗺️ Proclamation Regarding Waiver of Crown's Right of Pre-emption over Land
🗺️ Lands, Settlement & Survey26 March 1844
Pre-emption right, Land purchase, Aboriginal natives, Crown title, Land Fund, Fees
- Robert FitzRoy, Esquire, Captain in Her Majesty's Royal Navy, Governor and Commander-in-Chief in and over the Colony of New Zealand, and Vice Admiral of the same
- Colonial Secretary
NZ Gazette 1844, No 10