EARLY NEW ZEALAND.

New Zealand Herald, Volume LXIII, Issue 19372, 6 July 1926, Page 15

EARLY NEW ZEALAND.

INVESTMENTS IN LAND.

I THE FIRST CROWN GRANTS,

CLAIMS BEFORE WATERLOO.

EX BA.B.XACLE.

If there is one thing more than another which should be remembered it is that, long before the proclamation of January 50, 1840, large sums had 'been invested in this country. This is the great outstanding fact of early Dominion history.

Just across the Tasman Sea, not more than a week's sail by a nippy schooner J lay old Sydney; and from this common j centre adventured forth traders and wanderers generally until in the 'thirties this country had invested in it eery large sums indeed. In these speculations it is not to be wondered at that acquirement of land formed a large part; there is something solid about such investments. Then, again, the certainty that England would soon be compelled to annex these islands gave this search for big profits a great fillip. But it should be remembered that these purchases as they stood were not clothed m any kind of legal or registrablo title. And so we have the Ordinance of the Governor and his Council dated June 9, 1841. The following is an extract;— "And whereas it is expedient to remove certain doubts which have arisen in respect of titles of lands in New Zealand, be it therefore declared . . . that all unappropriated lands within the said colony of New Zealand . . . remain Crown lands of Her Majesty . . . and that all titles to land in the said colony which are held or claimed by purchases or gifts . . . . which are not or may not hereafter bo allowed by Her Majesty . . . 6hall be absolutely null and void." Fateful words these; but there is comfort in the succeeding section, among other things, providing for the appointment of commissioners : "That in examining and hearing all claims to grants . . . the said commissioners shall be guided by the real justice and good conscience of the case without regard to legal forms or solemnities . . Sixpence an Acre in 1815. As a further guide it was pro\idod that ♦ho price per acre should be rated from 6cl in 1815 (observe that the mention of 'his date proves that Englishmen had acknowledged claims extendng as far back as Waterloo), rising by stages to Ss in 1839; also that the sterling value of the goods which formed the currency was to he rated at three times their Sydney value—fair enough when tho heavy cost of freight and insurance and tho risks run are remembered.

There was to some one bug-bear date, however, January 14, 1840, when, by proclamation, Governor Gipps provided that thenceforth no native land purchases (except those of Her Majesty) would be recognised. It was a wise Ordinance—of course aimed at the "land sharks" of that time. One other important mile-post bearing on early land dealings was the date of the Royal Charter erecting New Zealand into an independent colony— November 16. 1840. The Old Land Claims. It can easily be realised that the business of dealing with such a mass of claims was a long and troublesome one—metaphorically, tidying up the house so recently taken over. It was a matter placed in the hands of gentlemen only of the highest reputation. One of the greatest difficulties lay in this. The land speculator, even in these early days, existed with all the trustful hopefulness of his kind; even official documents sometimes used the homely term " land shark." With characteristic cunning,, he in many cases paid a deposit—the usual currency was of course those articles of merchandise so dear to the Maori. Later on, long after the expiry of the limiting date, completing the deal. Then, of course, he was the first in the field when it came to turning his agreement into a good, registrable title. His Mecca, the dawn of ordered Government had arrived. But no, these worthy commissioners were on the look out for these fellows; the cunning trick of "Heads I win, tails you lose," would not work. With merciless logic they turned them down.

As over 10,C00,000 acres were claimed a limit had to be sot. This was put at four square miles—but with a provision also that the Governor, if he saw fit, could grant, in certain cases, a greater area than 2560 acres. This often led to another battle, the owner claiming to his boundaries but the Commissioner saying, " No! only the area mentioned." Another question was, who owned the excess area over and above that which the natives had sold ? The question being pot to the English Minister he decided: "The hypothesis being that it neither now belongs to the original owners nor to the purchasers, it must bo considered a demesne of the Crown." Thus we have another Judgment of Solomon. Perhaps in all contemporary history nothing contains matters of greater ''interest than the reports submitted by the Commissioners on these old land claims. The wording is charming; there is a sweet reasonableness about it all, a complete absence of legal terms and formalities. There is also so much that is really humorous if only in the calm, reasoned unfolding of arguments which scatter to ruin the extravagant claims of the speculators. Take for instance the passage:— " A few of them fell into the common and fatal snare of wishing to have their cake and eat it; they wished to have all the security which a Crown Grant gave and to be subject to none of the limitations which the Ordinance imposed. . . . " Some of the Claimants. In the early shipping trade of New Zealand, in one particular season, over 50 vessels, principally whalers, were employed between Wellington and the Bluff. Among the various owners was "Johnny" Jones of Sydney—the shipowner in whose office at a later day Sir Jame> Mills learnt the rudiments of shipping business. _ Jones owned seven stations: each of these meant the acquisition of large areas. Joseph Weller was another "big" man quoted. In the lists of claimants—they run into over 1000—both these names appear. But the names are legion. well-known names, too, Sydney merchants and professional men. parsons and speculators, missionaries and traders; to all it seemed this land overflowed with milk and bonev. Over 10 million acres were claimed. It was proved that nearly £300.000 had been expended in buying these lands; and these figures only represent those amounts winch were -actually known; there were many others in which the price paid was not given. What with costs of hearing and survey it was estimated that the 300,000 arres granted cost, the grantees over £131.000;, So it would anpear the land was not so cheap after all. Perhaps to refer to an example'which lies at our very doors, one may quote the historic "Fairburn's Claim," that great extent of country (quoted at 44,000 acres) lying between btahuhu and Papakura. This block was purchased in 1836. The consideration given, blankets, iron pots, tinder boxes, spades, soap, scissors, axes and a hundred-and-one other items of merchandise was valued at £924. This was one of the claims investigated. In the end f he provision allowing a larger area than the statutory four square miles was put into effect and 8055 acres were granted Riding over this fair expanse of country ono wonders what it is now worth.