DESPATCH from SIR J. PAKINGTON to GOVERNOR SIR G. GREY.

Taranaki Herald, Volume 1, Issue 34, 23 March 1853, Page 3

DESPATCH from SIR J. PAKINGTON to GOVERNOR SIR G. GREY.

The despntch of Sir John Packingtou ie/Wrt<i to in documents relating to the Land Claimntus' Ordinance in our last, is to the following effect. Ths first four chutes are explanatory of the reasons why Her Majesty's Government did not sooner decide on the measure :—: —

5. The lending provisions of th# Ordinance forwarded in your despatch No. 133, appear to bo these :— lt ou horiz.-s the Govcinor to appoint a C mmissioner for deciding all cliiims upon Government aiisint under contracts with the New Zealand Company. It empowers the authorities to satisfy these claims in conformity with the Cominii<ioncr'ti award, by tlio issue of Crown Grants and of land sciip. I' declare ''•m by such isiue the Govern, men' shall be exciit'iiii'J from all further liability in respect to the c ntnici which tho land granted or scrip if sued may have been intended to satisfy, and it extends the ordinary regulations for tho dlipnval of Ciowii Land (including, of course, those whirli preio the the minimum unset price of £l) to nil the BOillemonts <>t the New Zealand Company. 0. In v legal point of view, thisOrdmance appear* open to two objections. First, as I have already indicated, it maierially interferes with, and in some cases assume:) to extinguish obligations which ara imp.) ed upon tha Crown by tho Imperial Aot 10 and II Vie. c. 112, section 19 ; those, namely, of performing all subsisting contracts of the New Zealand Company in regard to any of their lands. It is truo that all persons who voluntarily lubmit themselves to the Colonial Ordinance will have waived their right to a strict performance of this statutory obligation, but the Ordinance not only dealt with the claims of such perilous, but, in cases where n claim may havo been wrongly admitted by tht; Crown Conmmissioner and satisfied accordingly by ihe Government, it assumes to iXoneratu the Crown from its liability to satisfy ihu rightful claimnnt, who never have referred his Cuiim uuder the local Ordinance, and who consequently lemaim in possession of hi' strict legal rights.

7. Next, tho Oidinanco restores the upset price of £1 an acre throughout the islands, in direct contravention of the rights of the Canterbury Association, as secured by the Act ol' Parliament— of tho contracts of the New Z al-md Company (which, havenow devolved upon the Crown) with tho Otago Association, and of the provisions of the 14th and and 15 tli Victoria, c. 86, sec. 1, which cnaotod that so long as the Cook's Strnits Settlements (in which, for the present purpose, I include New Plymouth) exist, land should not be sold in them below iti then price. 8. On thcie grounds, as I Lavo already said, her Majesty cannot be advised to confirm this lav. But it will be allowed to remain in force ; and I with to point out to you the effect which the recent legislation in this country will have in enabling; you to give practical effect to its most important provisions, comprising some of those which, when originally enacted were contrary to the Imperial law, and could not be rendered effective by my exercise of the prerogative. 9. By the Act 14th and 15th Victoria, o. 86 sec. 10, taken In connection with the prevlou* Act 9th and 19th Victoria, c. 382, sec 51, the award of an officer to bo nominated by you will have the exonerating effect which the Colonial Ordinance assumes to git e to the deciiion of a Government Commissioner, subject only to this limitation, that as tho English Aots of Parliament only contemplate the issue of grants of laud, tho exonerating effect will not extend to cases in which the alleged liabilities of tho Crown have been satisfied in scrip. If, therefore on award wrongly made in favour of a person who snail prove not entitled nui been so satisfied, the Crown will remain liable to discharge its obligation a second time when the rightful imner appears. Some mode may occur to yr uof obviating this possibility ; but even should this not be the case, Ido not think the mere chance of such, an inconvenience need interfere with your operations in settling the claims of tha Company's settlors. I need scarcely observe, however, that it furnilhtt ou additionaljrueson for caution in examining them,

10. lfcavc next to point out, that under the first section of the same Art and the instructions conveyed In Lord Grey's despatch of August 8 h, 1851 you nrc not only empowered (subject to tbc oborc condition as to price) to mnkc regulations for the disposal of Crown Lnnds within the Cook's Straits settlements, but, without a»y such restriction, to mske regulations " for the closing and determination of the affairs of the fiiid settlemrntf." If you think it advisable (in concurrence wiih the general ff cling of tbc ncttlcrs) to exercise this power, I apprehend that the regulations respecting tho price of land contiincd in the New Zealand Company's terms of purchase would fall of themsclvo", and ihc instructions ax to the sale of land, which arc in force in the rest of Ihc Colony, would at onrc take effect within the setilcmrnts. Further, the 72nd section of (lie new Constimtional Act invests the General Aiicmbly with a power wholly unrestricted (except as regards Canterbury and Otago) of regulating the s.ile, letting, disposal, nnd occupation of the Wasie Lnnd* of the Crown in Nrw Zealand. And (be proviso eontnioeil in the same section, taken conjoin' ly with the 791h section, declared (hat, until otherwise enacted by the Gc» rier.il Asßcmblv, the °nme powers shall be exercised by the Crown, or the Governor if duly authorised by tl>L- Ciown. It follows thai under the authority conveyed to you in my despatch of the 16th mat., rnclosing the Cnnstiiutional Act, you will lie at liberty to moke such regulations generally throughout New Zealand for the dinpoi.nl of Innd during the short interval which mny ilnpsc, until the assembling of tho New Legislature, as you mny think advisable ; nor can I foretec any legal difficulty in regnrd to tbc mode of dealing with Crown Lands, which these very Inrge powers will not enuble you to overcome.

11. Tiic qunti, judicial machinery e»tnbliihcd by (he Colonial Ordinance nil), I hope, nuflice to deal fintlufnclorily with most of the compensation claims which may cnll for revision- With regard to tbeso I think Ihut altliough cntcri of grots fraud or exorbitancy should be severely ucruiinrzed, yet the man of the claims should be denlt with in such a liberal spirit ns may secure a general submission to the provisions of the Ordinnnce. And I lake this opportunity of observing that I do not consider that the merits of nny particular case, involving ne they nil do mixed considerations of justice and policy, can be properly dealt with in this country. I cannot, of course, prevent or prohibit direct appeals from any decisions at which the authorities appointed by you may arrive, to tho Secretary ot State, if tho parties choose to make them ; but it is my earnest wish, if possible, to Icavo* the adjustment of each separate case entirely to those nuthoritiej. 12. With regard, therefore, to compensations in Wellington and New Plymouth (if there arc such, 1 apprehend that you will have no difficulty. The next four paragraphs of the despn'ch relate to Nelson. The 16th and concluding piiragrarih is us follows :— 16. With these observations I leave thin matter for tbc present in the hands of yourself and the authorities of New Zealand. I cannot, however, do so without expressing my sense of the care and industry with which the subject has l)fei) investigated in New Zealand, which I hope will enable you with the powers with which you arc now invested, to make a rapid progress towards the settlement of tluso embarrassing questions. If you should lie enabled to complete itbrforothc Constitution comes into force, you will probably spnre lha futuro Legislature much embarrassment, end it will take tbc Innd questions into its own bands comparatively free from the many difficulties which have unavoidably beset them during your administration. I have the honor to bo, ► Ac. &c. Sic. (Signed) John S. Pakinoton. Governor Sir George Grey, X.C.8., &r . &c. &c.