PROCLAMATION.

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 5, 9 November 1844, Page 3

PROCLAMATION.

By his Excellency Robert Fitzroy, Esq., &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 conditibns 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 purchases 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 proposed to be purchased from the natives : and whereas certain persons have misrepresented the objects and intentions of Government in requiring 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, undertook 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 misrepresenting the motives of Government, and asserting that to be a mark of oppression — even of slavery— which is in reality an effect of parental care — are already manifest, and, are certain to increase seriously if the cause be .not removed. And whereas the natives of New Zealand have become perfectly aware of the value of their lands — and are quite alive to their own. 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, £ 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 to be made in wr.iti'ug4o $he Governor, through the Colonial. Secretary, to waive the Crown's right of pre-emption over" a certain number of acres of land atj or imrrte'diately adjoining a place distinctly specified ; 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 nature of the locality ; the state of the neighbouring and resident natives ; their abundance or deficiency of land; their disposition towards Europeans, and towards her Majesty's Government ; and he will consult with the Protector of Aborigines before consenting, in anyvcase, to waive the right of pre-etnp~tiori. 3. No Crown title will be" given for" aiiy Pah, or Native burying ground, or land about either, however desirous the owners may m>w/ be to part with them ; and, as a general rule,* the right of pre" eruption will not be waived over, any land required by the Aborigines for their "own use j although they themselves, may now be desirous that it should be alienated, , • ■ 4. The Crown's right qf pre-empjtion will not be waived ovefany of that land near Auckland which lies between (he Tamaki road, and the sea to the northward, or over any land re3ery.ed for the use. of the" Abowgiiiat Natives: 5. Of all land purchasTed'.irorn.' the Alioriginet in consequence of the "Crown '» right of preemption being waived, one- tenth part, of flwr average value, as to position and Quality, rs -to be conveyed, by the purchaser, to her Majesty; her heirs and' successors, for public purposes, especially tbe future benefit of the Aborigines. 6. All transactions witb^the sellers, all risks attendant on misunderstandings, on sales madfc improperly, or on incomplete purchases, mus4 he undertaken by tbe buyers until their-re-spective purchases have t bean allowed and confirmed by Grant* from the Crown. . 7. A* the Crown has no right of pre-emption „ over land already sold to any perion^pt'iin ' Aboriginal Native of -New Zealand^ anaHlhoie claim is or may be acknowledged by a Commissioner of I^and ClaimsT-no Grant will be issued to any othVjr^thin the original claimant,

or his representative, whose claims have been, or may be investigated by a Commissioner, and recommended by him to the Governor for a Grant from the Crown. 8. Land sp obtained is to be surveyed at the expense of the purchaser, by a competent surveyor, licensed or otherwise approved of by the 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. 9. Copies of the deed or deeds conveying such land, are to be lodged at the Colonial Secretary's Office as soon as practicable, in order that the necessary enquiries may be made, and notice given in the Maori as well as the English Gazette, that a Crown title will be limed — unless sufficient cause should be shewn for its being withheld, for a time — or altogether refused. 10. No Crown Grants will be issued until, at least, twelve months after the receipt at the Colonial Secretary's office, of certified copies of the surveys and deeds of sale above-mentioned ; and, on the issue of Grants, fees at the rate one penny per acre will be required by Government. 11. The Government, on behalf of the Crown and the public, will reserve the right of making and constructing roads and bridges for public purposes, through or in lands so granted ; the owners being fairly compensated by other equivalent land, as settled by arbitration. 12. No Crown Grants will be issued under the foregoing arrangements to any person or person* who may be found to have contravened any of these regulations; and the public are reminded that no title to land in this Colony, held or claimed by any person not an Aboriginal Native of the same, is valid in the eye of the law, or otherwise than null and void, unless confirmed by a Grant from the Crown. Given &c. this tenth day of October, 1844. Robert Fitzroy, Governor.