✨ Executive Orders on Land




28
THE NEW ZEALAND GAZETTE.
thousand eight hundred and sixty-five, and doth
in like manner by this present Order delegate all the
powers conferred by the first said Act, except the
powers under sub-sections two, five, and ten, of
section five, and under section eleven, to the under-
mentioned persons :-
FREDERICK WHITAKER, Esq., who shall be
Chairman,
Honorable FRANCIS DART FENTON,
Honorable DANIEL POLLEN,
ROBERT GRAHAM, Esq.,
JOHN ANDERSON GILFILLAN, Esq.,
THEOPHILUS HEALE, Esq.,
GEORGE MANNERS MITFORD, Esq.,
GEORGE BURGOYNE OWEN, Esq.,
RICHARD FIELD PORTER, Esq.,
subject to the stipulations hereinafter contained.

  1. None of the powers delegated shall be exercised
    in respect of any land in the actual occupation of the
    Governor, except at his instance and request, nor in
    respect of any land described in section three of the
    Schedule to the said first-mentioned Act, nor in
    respect of any land mentioned in the Schedule to
    "The Public Domains Acts Extension Act, 1868."
  2. The Board shall meet at such times and places
    as shall be from time to time appointed by the
    Chairman, or shall be convened by him.
  3. The Board shall keep proper minutes and
    records of its proceedings.
  4. Two members of the Board shall form a quorum.
  5. All questions shall be determined by a majority
    of the members of the Board present at a meeting.
    The Chairman shall have a casting as well as an
    original vote.

HENRY D. PITT, Captain, R.A.,
Private Secretary
(for Clerk of the Executive Council).

G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At Auckland, this seventh day of January, 1870.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by an Order in Council bearing date
the eighth day of July, one thousand eight
hundred and sixty-eight, Henry Tacy Clarke, of
Tauranga, Esquire, was appointed a Commissioner
to make a certain inquiry, and with certain powers
in the said Order in Council mentioned: And
whereas it is expedient that the appointment of the
said Henry Tacy Clarke should be revoked:
Now therefore I, Sir George Ferguson Bowen, the
Governor of New Zealand, in pursuance and exer-
cise of all powers enabling me in that behalf, do
hereby, with the advice and consent of the Executive
Council of the Colony, revoke the said recited Order
in Council and the appointment of the said Henry
Tacy Clarke to be a Commissioner thereunder.

HENRY D. PIΡ‚Ρ‚, Capt., R.A.,
Private Secretary
(for Clerk of the Executive Council).

G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government House, at Auckland, on the
second day of November, 1869.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHERE AS by "The Tauranga District Lands
Act, 1867," and "The Tauranga Distri
| Lands Act, 1868," after reciting that by an Order
in Council made the eighteenth day of May, one
thousand eight hundred and sixty-five, and therein
referred to as a Proclamation, it was declared
that all the lands of the tribe Ngaiterangi, described
in the Schedule to the now reciting Acts, should be
a district within the provisions of "The New Zea-
land Settlements Act, 1863," and should be desig-
nated by the name "Tauranga District," therein
mentioned or referred to, and it was declared that
the said lands were required for the purposes of
"The New Zealand Settlements Act, 1863," afore-
said, and ordered that the said lands should be and
were thereby set apart as sites for settlement and
colonization, agreeably to the provisions of the said
Act, and that it was expressed to be ordered that, in
accordance with the promise made by His Excel-
lency the Governor, at Tauranga, on the sixth day
of August, one thousand eight hundred and sixty-
four, three-fourths in quantity of the said lands
should be set apart for such persons of the tribe
Ngaiterangi as should be determined by the Governor
after due inquiry should have been made; it is
enacted and declared, amongst other things, that the
whole of the lands specified in the Schedule to the Act
now in recital were, by the said Order in Council,
duly and effectually declared to be a district within
the provisions of "The New Zealand Settlements
Act, 1864," and that the whole of the said land was
duly and effectually set apart, reserved, and taken
under the said Act as sites for settlements for
colonization, and was duly and effectually declared
to be required for the purposes of the said "New
Zealand Settlements Act, 1863," and to be subject
to the provisions thereof, and that, for the purposes
of the Act now in recital, the words "due inquiry"
in the said Order in Council should be deemed and
taken to extend to inquiries made and carried through
by persons thereunto appointed by the Governor:
And whereas by "The Commissioners Powers Act,
1867," provision is made for enabling Boards or
Commissions, appointed by the Governor in Coun-
cil, to examine witnesses on oath, to require the
production of books, papers, writings, deeds, and
other documents, and to exercise the powers and
authorities in the said last-named Act mentioned:
Now therefore I, Sir George Ferguson Bowen,
the Governor of New Zealand, in pursuance and in
exercise of the powers and authorities vested in me
as aforesaid, do hereby, with the advice and consent
of the Executive Council of the Colony, appoint

WILLIAM GILBERT MAIR,
of Opotiki, Esquire, to be a Commissioner to make
the inquiry required by the said Order in Council,
and by "The Tauranga District Lands Act, 1867,"
and "The Tauranga District Lands Act, 1868," for
the purpose of determining for what persons of the
tribe Ngaiterangi three-fourths in quantity of the
lands in the said Order in Council and in the Acts
last aforesaid shall be set apart, in pursuance of the
said Order in Council and "The Tauranga District
Lands Act, 1867," with all the powers and autho-
rities by "The Commissioners Powers Act, 1867,"
provided in the case of any Board or Commission
appointed or issued or to be appointed or issued by
the Governor in Council.

Approved in Council.

DONALD MCLEAN.

HENRY D. PITT, Captain, R.A.,
Private Secretary
(for the Clerk of the Executive Council).

Printed under the authority of the New Zealand Government, by GEORGE DIDSBURY, Government Printer, Wellington.




Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1870, No 4





✨ LLM interpretation of page content

πŸ›οΈ Delegation of powers under Public Domains Act, 1860/1865. (continued from previous page)

πŸ›οΈ Governance & Central Administration
7 January 1870
Delegation, Public Domains Act, Board members, Stipulations
9 names identified
  • Frederick Whitaker (Esquire), Appointed Chairman, delegated powers
  • Francis Dart Fenton (Honourable), Appointed member, delegated powers
  • Daniel Pollen (Honourable), Appointed member, delegated powers
  • Robert Graham (Esquire), Appointed member, delegated powers
  • John Anderson Gilfillan (Esquire), Appointed member, delegated powers
  • Theophilus Heale (Esquire), Appointed member, delegated powers
  • George Manners Mitford (Esquire), Appointed member, delegated powers
  • George Burgoyne Owen (Esquire), Appointed member, delegated powers
  • Richard Field Porter (Esquire), Appointed member, delegated powers

  • Henry D. Pitt, Captain, R.A., Private Secretary (for Clerk of the Executive Council)
  • G. F. Bowen, Governor

πŸ›οΈ Revocation of appointment of Henry Tacy Clarke as Commissioner.

πŸ›οΈ Governance & Central Administration
7 January 1870
Order in Council, Commissioner, Revocation, Tauranga
  • Henry Tacy Clarke (Esquire), Appointment as Commissioner revoked

  • Henry D. Pitt, Captain, R.A., Private Secretary (for Clerk of the Executive Council)
  • G. F. Bowen, Governor

πŸ›οΈ Appointment of William Gilbert Mair as Commissioner for Tauranga District Lands inquiry.

πŸ›οΈ Governance & Central Administration
2 November 1869
Order in Council, Tauranga District Lands Act, Ngaiterangi tribe, Land settlement, Commissioner appointment
  • William Gilbert Mair (Esquire), Appointed Commissioner to make inquiry

  • DONALD MCLEAN
  • Henry D. Pitt, Captain, R.A., Private Secretary (for the Clerk of the Executive Council)