Land Exchange Regulations and Proclamation




(68)
good the deficiency, in money, -or forego his
intended exchange.

  1. Applications to exchange Land will be re-
    ceived, and registered till the fifteenth day of
    June next.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1844, No 10





✨ LLM interpretation of page content

🗺️ Regulations for Exchanging Crown Land (Continuation) (continued from previous page)

🗺️ Lands, Settlement & Survey
26 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 & Survey
26 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