Land Pre-emption Proclamation




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fore it is advisable for those who make applica-
tion to the Governor, for the said right to be
waived, to make their purchases as soon as may
be practicable after the consent of His Excellency
is obtained.

  1. Lists of applications to the Governor to
    waive the Crown's right of Pre-emption, shew-
    ing the particulars of each, and stating the
    answer given by the Governor, will be published,
    from time to time, in the Gazette.

By Command,
ANDREW SINCLAIR,
Colonial Secretary.

PROCLAMATION.

By His Excellency ROBERT FITZROY,
Esquire, Captain in Her Majesty's Royal
Navy, and Governor and Commander-in-
Chief in and over Her Majesty's Colony
of New Zealand and its Dependencies,
and Vice Admiral of the same, &c.,
&c., &c.

WHEREAS by a Proclamation bearing
date the 26th day of March, 1844, it
was notified to the Public that the Crown's
right of Pre-emption would be waived over
certain portions of Land in New Zealand; and
whereas the terms and conditions set forth in
such Proclamation on which the right of pre-
emption would be so waived, have in some cases
been disregarded, either by persons making pur-
chases of land from the Natives without first
applying for, and obtaining, the Governor's
consent to waive the right of pre-emption, or
by much understating the quantity of land pro-
posed to be purchased from the Natives:-and
whereas, certain persons have misrepresented
the objects and intentions of Government in re-
quiring that a fee should be paid on obtaining
the Governor's consent to waive the right of
pre-emption on behalf of Her Majesty-who,
by the Treaty of Waitangi, under took to protect
the Natives of New Zealand-and, in order to
do so, has checked the purchase of their lands
while their value was insufficiently known to
their owners.

And whereas, the evil consequences of mis-
representing the motives of Government, and
Põeserting that to be a mark of oppression even
of slavery which is in reality an effect of pa
rental care-are already manifest; - andarecer
-tain to increase seriously if the cause be not
removed.

And whereas, the Natives of New Zealand
have become perfectly aware of the full value of
their lands and are quite alive to their own
present interests-however indifferent at times
to those of their children.

Now, therefore I, the Governor, acting on
behalf of Her Majesty the Queen, do hereby
proclaim and declare, that from this day no fees
will be demanded on consenting to waive the
right of pre-emption: that the fees payable on
the issue of Crown Grants, under the following
regulations, will be at the rate of one penny
per acre; and that-until otherwise ordered-
I will consent, on behalf of Her Majesty, 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 ajoining 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 shou'd 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
    avarage 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
    expence 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.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1844, No 26





✨ LLM interpretation of page content

🗺️ Instructions and Form for Waiving Crown's Right of Pre-emption over Land (continued from previous page)

🗺️ Lands, Settlement & Survey
6 December 1844
Pre-emption, Land purchase, Application form, Governor's consent, Cautions
  • Andrew Sinclair, Colonial Secretary

🗺️ Proclamation detailing new conditions for waiving Crown's Right of Pre-emption

🗺️ Lands, Settlement & Survey
Proclamation, Pre-emption rights, Crown Grants, Fees abolished, Native land sales, Protector of Aborigines, Survey requirements
  • Robert FitzRoy, Esquire, Captain in Her Majesty's Royal Navy, and Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice Admiral of the same