✨ Land Pre-emption Regulations
( 107 )
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 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. -
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 respective
purchases have been allowed, and confirmed by
grants from the Crown. -
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. -
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.
-
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. -
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. -
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. -
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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🗺️ Proclamation Waiving Crown's Right of Pre-emption over Land under Conditions
🗺️ Lands, Settlement & Survey26 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
NZ Gazette 1844, No 17