Land Pre-emption Regulations




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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 :—

  1. 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.

  2. 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 neighbouring 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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 respective
    purchases have been allowed, and confirmed by
    grants from the Crown.

  7. As the Crown has no right of Pre-Emption
    over Land already sold to any person not an
    Aboriginal Native of New Zealand: and whose
    claim is or may be acknowledged by a Commis-
    sioner of Land Claims; no grant will be issued
    to any other than the original Claimant or his
    representative, whose claims have been, or may
    be investigated by a Commissioner and recom-
    mended by him to the Governor for a grant from
    the Crown.

  8. 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 ag-
    gregate quantity of Land over which it may be
    requested that the Crown's right of Pre-emption
    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
interval of at least twelve months from the time
of paying the above mentioned fees; additional
payments will be required, at the rate of six
shillings per acre, in ready money, to be applied
to the Land Fund, and for the general purposes
of government.

  1. Land so obtained is to be surveyed, at the
    expense of the purchaser, by a competent sur-
    veyor, licensed or otherwise approved of by
    Government,—who will be required to declare
    to the accuracy of his work, to the best of his
    belief, and to deposit certified copies of the same
    at the Surveyor General's Office previous to the
    preparation of a Crown Grant.

  2. Copies of the Deed or Deeds, conveying
    such Lands, are to be lodged at the Surveyor
    General's Office as soon as practicable, in order
    that the necessary enquiries may be made; and
    notice given in the Maori, as well as in the English
    Gazette, that a Crown Title will be issued ;—un-
    less sufficient cause should be shewn for its
    being withheld, for a time; or altogether refused.

  3. The Government, on behalf of the Crown
    and the Public, will reserve the right of making
    and constructing roads and bridges for public
    purposes, through or in Lands so granted ;—
    the owners being fairly compensated by other
    equivalent Land; as settled by arbitration.

  4. No Crown Grants will be issued under
    the foregoing arrangements to any person or per-
    sons who may be found to have contravened any
    of these regulations ;—and the Public are re-
    minded that no title to land in this Colony, held
    or claimed by any person not an Aboriginal
    Native of the same, is valid in the eye of the Law,
    or otherwise than null and void unless confirmed
    by a Grant from the Crown.

(L.S.)
Given under my Hand, and issued
under the Public Seal of the
Colony, at Government House,
Auckland, this twenty-sixth day
of March, in the year of Our Lord
One thousand eight hundred and
forty-four.

ROBERT FITZROY,
Governor.

By Command,
ANDREW SINCLAIR,
Colonial Secretary.

GOD SAVE THE QUEEN!



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1844, No 17





✨ LLM interpretation of page content

🗺️ Proclamation Waiving Crown's Right of Pre-emption over Land under Conditions

🗺️ Lands, Settlement & Survey
26 March 1844
Proclamation, Pre-emption, Crown Grant, Land Purchase, Survey, Aborigines, Auckland
  • Robert FitzRoy, Esquire, Captain in Her Majesty's Royal Navy, Governor and Commander-in-Chief
  • Andrew Sinclair, Colonial Secretary