Memorial and Reply on Land




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Colonial Secretary's Office,
Auckland, 29th September, 1846.
H IS Excellency the Lieutenant-Governor
has been pleased to give directions for
the publication of the following Address and
Reply for general information,
By His Excellency's command,
ANDREW SINCLAIR
Colonial Secretary.

To His Excellency Captain GEORGE GREY,
Governor and Commander-in-Chief of Her
Majesty's Province of South Australia, and
Lieutenant-Governor of the Territory of
New Zealand and its dependencies.

The Memorial of the Undersigned Settlers,
and Occupiers of Land in the district of the
Tamaki and its vicinity.

Sheweth,

That your Memorialists resorted to this Ter-
ritory upon the assurance of Her Majesty's
Government, that on their arrival they would
have an opportunity of purchasing land from
the Crown, and the Crown only, by fair com-
petition at auction, of which £ per Cent
of the purchase money was to be applied as an
Emigration fund, and £25 per Cent in making
roads and in other public works, and your
Memorialists were further informed that no
purchase, except from the Crown would be
sanctioned or allowed.

That upon the faith of such assurance, your
Memorialists hesitated not to pay for land in
this district, prices varying from twenty-five
to thirty shillings per acre, being consider-
ably more than the upset price fixed by Her
Majesty's Home Government, knowing as they
did that though land had been and might be
obtained cheaper from the Natives, that it was
the duty as well as the Interest of your Memo-
rialists to obey the Laws and Ordinances of
the Territory aud thereby claim and deserve
the protection of the Government.

That your Memorialists proceeded to culti-
vate their lands at considerable expence, unde-
terred by the numerous purchases from the na-
tives which they saw daily made, relying on the
hitherto unbroken faith of the British Govern-
ment towards her subjects whether at home or
in the Colonies, and never for one moment
supposing that in their own case that faith
would be first violated.

That your Memorialists were aroused from
this state of confidence by an announcement
from his Excellency the late Governor, that
the Right of Pre-emption on the part of the
Crown would be waived on moderate purcha-
ses from the natives, on payment of a fee of
ten shillings per acre; an announcement which
your Memorialists viewed with mingled feel-
ings of alarm and distrust; of alarm, as they
saw the consequent inevitable depreciation of
value of their property, of distrust, because
the boundary line of national honor and good
faith being once broken, they feared other
equally important pledges might also be vio-
lated, and that even this measure was merely
the precursor of other changes respecting na-
tive purchases, a fear but too soon realized,
the fee to the Crown on the Waiver of the
Right of Pre-emption being speedily reduced
to one penny per acre.

That your Memorialists have by the reduc-
tions in Crown Fees received considerable in-
jury in two shapes.

Firstly—By depreciation in value of their
lands.

Secondly—Inasmuch as (the sale of large
blocks of native lands to speculators, who
mostly have neither the intention or means to
cultivate them, prevents a concentration of in-
habitants, causes in delay in the making of
roads so necessary every new Colony, and
will entirely annihilate the Emigration and
Road funds by which your Memorialists and
the Territory at large would greatly benefit,
without referring to the stop put on free emi-
gration which this course will cause in the mo-
ther Country; for it is not to be supposed that
parties will come to this land. with the cer-
tainty of being driven into the interior of the
Country.

Your Memorialists therefore trust that your
Excellency will see the impropriety of sanc-
tioning under any circumstances the issue of
Crown Grants in respect of purchases made
from the natives and thereby prevent the injury
which impends on those who have dealt in
good faith with Her Majesty's Government,
and who have expended their Capital upon
Crown purchases.

PATRICK ANDERSON, Chairman,
WILLIAM CHURCH
DAVID WHITE
WILLIAM J. TAYLOR
CHARLES KNOX
ROBERT HAYWARD
PETER FERGUSON
JAMES GOLLAN
ALEXANDER THOMPSON
THOMAS CAWKWELL.

Reply of His Excellency to the foregoing
Memorial.

GENTLEMEN,—In reply to the Memorial
you have presented to me, praying for the va-
rious reasons therein set forth, that I would
not under any circumstances sanction the
issue of Crown Grants in respect of purchases
made from the Natives, under the terms of a
Proclamation of my predecessor, dated 10th
of October, 1844,—I have to acquaint you,
that much as I regret the injury which may
by this measure be inflicted upon the interests
of yourselves, and, indeed, upon those of the
vast majority of Her Majesty's subjects of
both races, who inhabit this Colony,—it is
not at present in my power to do more
than assure you, that in arranging the com-
plicated claims which have arisen under the
terms of the Proclamation above alluded to,
I will to the best of my ability and judgment,
do such justice to all the interests concerned,
as upon mature enquiry may be found prac-
ticable.

(Signed) GEORGE GREY,
Lieutenant-Governor,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1846, No 14


NZLII PDF NZ Gazette 1846, No 14





✨ LLM interpretation of page content

🗺️ Memorial from Tamaki Settlers regarding Crown Grants on Native Purchases and Governor Grey's Reply

🗺️ Lands, Settlement & Survey
29 September 1846
Settlers, Memorial, Crown Grants, Native Land Purchase, Pre-emption Right, Tamaki district, Land Value Depreciation, Emigration Fund
10 names identified
  • PATRICK ANDERSON (Chairman), Signatory of Tamaki Settlers Memorial
  • WILLIAM CHURCH, Signatory of Tamaki Settlers Memorial
  • DAVID WHITE, Signatory of Tamaki Settlers Memorial
  • WILLIAM J. TAYLOR, Signatory of Tamaki Settlers Memorial
  • CHARLES KNOX, Signatory of Tamaki Settlers Memorial
  • ROBERT HAYWARD, Signatory of Tamaki Settlers Memorial
  • PETER FERGUSON, Signatory of Tamaki Settlers Memorial
  • JAMES GOLLAN, Signatory of Tamaki Settlers Memorial
  • ALEXANDER THOMPSON, Signatory of Tamaki Settlers Memorial
  • THOMAS CAWKWELL, Signatory of Tamaki Settlers Memorial

  • ANDREW SINCLAIR, Colonial Secretary
  • GEORGE GREY, Lieutenant-Governor