(139)
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,
   as His Excellency may judge best for the public
   welfare; rather than for the private interest of
   the applicant. He will fully consider the na-
   ture of the locality; the state of the neighbour-
   ing and resident natives; their abundance or
   deficiency of land; their disposition towards
   Europeans, and towards Her Majesty's Go-
   vernment; and he will consult with the Pro-
   tector of Aborigines 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
   own 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 Auckland
   which lies between the Tamaki road and the sea
   to the northward, or over any land reserved for
   the use of the Aboriginal Natives.

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. 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 Colonial Secretary's office, previous to the
   preparation of a Crown Grant.

9. Copies of the Deed or Deeds, conveying
   such lands, are to be lodged at the Colonial
   Secretary'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 is-
   sued;—unless sufficient cause should be shewn
   for its being withheld, for a time—or altogether
   refused.

10. No Crown Grants will be issued until, at
    least, twelve months after the receipt at the
    Colonial Secretary's office, of certified Copies of
    the Surveys and Deeds of Sale above-mentioned;
    and, on the issue of Grants—Fees, at the rate of
    one penny per acre, will be required by Go-
    vernment.

11. 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.

12. No Crown Grants will be issued under
    the foregoing arrangements to any person or
    persons who may be found to have contravened
    any of these regulations;—and the Public are
    reminded, 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.

Given under my Hand, and issued
under the Public Seal of the
Colony, at Government House,
(L. S.) Auckland, this tenth day of Oc-
tober, 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!

NOTICE.

Colonial Secretary's Office,
Auckland, 1st October, 1844.

ON and after this day neither Light dues—
Port charges—nor Harbor dues of any
kind will be demanded from any Vessel what-
ever in or near any part of New Zealand.

Taking a Pilot will be optional with the Mas-
ter or Commander of any Vessel: but if one be
taken, his charge for pilotage will be Three
shillings per foot—into or out of any harbor or
port—and One shilling per foot for his services
in any roadstead—when harbor pilotage is not
paid.

There are no duties of Customs—or public
charges of any kind—payable by Vessels in
New Zealand.

By Command,

ANDREW SINCLAIR,
Colonial Secretary.