✨ Crown Land Pre-emption Notice
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NEW ZEALAND
GOVERNMENT GAZETTE.
Published by Authority.
All Public Notifications which appear in this Gazette, with any Official Signature thereupon
annexed, are to be considered as Official Communications made to those Persons to whom they may
relate.
By His Excellency's Command,
ANDREW SINCLAIR, Colonial Secretary.
VOL. IV.] AUCKLAND, SATURDAY, DEC. 7, 1844. [No. 26.
NOTICE.
Colonial Secretary's Office,
Auckland, 6th December, 1844.
PERSONS who are desirous of having the
Crown's right of Pre-emption waived over
certain limited portions of land in New Zealand;
-in accordance with the conditions specified in
a Proclamation bearing date the tenth day of
October, 1844;-are requested to take notice
that, in order to obtain the Governor's consent,
it is indispensible to comply, most scrupulously,
with all the said conditions ;-and as many ap-
plications have been rejected, in consequence of
inattention to these conditions, I am desired by
His Excellency to suggest the adoption of the
following form; and to give publicity to the
annexed explanatory cautions.
FORM OF APPLICATION.
SIR, [Date.
I have to request that the Crown's right of
Pre-emption may be waived in respect of a por-
tion of land [here describe the situation, estimated
contents in acres, boundaries, and adjoining lands,
or water: giving Maori names, as well as English,
as distinctly as may be practicable,] which I
propose to purchase from [here mention the name
or names of the chief, or chiefs, and tribe, or
tribes, interested in the sale, who have a right to
dispose of the said land, as accurately as may be
practicable,] who is or are willing to sell the
same to me.
[Signature. ]
To the Honorable
The Colonial Secretary,
Auckland.
-
The Crown's right of Pre-emption will not
be waived in respect of land of which a purchase
(however invalid in law) has been made previous
to the consent of the Governor having been
formally obtained in writing. -
Waiving the Crown's right of Pre-emption,
in respect of any land, merely suspends the
right of the Crown, without conferring such
right on any other body, unless so specified
distinctly;-(as in the case of the New Zealand
Company), and, in itself, conveys no title to
any land. -
By a limited portion of land, not more
than a few hundred acres is the quantity implied. -
A Grant of the Crown alone gives a legal
title: and any unauthorised occupation of, or
intrusion upon land set apart, or reserved, for
the aboriginal Natives;-or belonging to the
Crown;-whether owing to any misunderstand-
ing, or otherwise, will be dealt with rigorously
according to law. -
The Crown's right of Pre-emption being
waived over, or in respect of, any portion of
land, without distinct specification in favor of
any body;-has the effect only of opening that
portion of land to public competition:-there-
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NZ Gazette 1844, No 26
✨ LLM interpretation of page content
🗺️ Instructions and Form for Waiving Crown's Right of Pre-emption over Land
🗺️ Lands, Settlement & Survey6 December 1844
Pre-emption, Land purchase, Application form, Governor's consent, Cautions
- ANDREW SINCLAIR, Colonial Secretary