A»—4,

2

that it was expedient and proper to put beyond doubt the invalidity of all titles to land within the said Islands of New Zealand founded upon such purchases or pretended purchases, gifts or pretended gifts, conveyances or pretended conveyances, or other titles from the same uncivilised tribes or aboriginal inhabitants of New Zealand, it was therefore in and by the said now-reciting Act declared and enacted that all titles to land in New Zealand which were not or might not thereafter be allowed by Her Majesty were and should be absolutely null and void : And the said now-reciting Act then authorises and empowers the said Governor of New South Wales to issue one or more Commission or Commissions, and thereby to appoint Commissioners, who should have full power and authority to hear, examine, and report on all claims to grants of land in New Zealand, with certain other powers and provisions in the said Act contained : And whereas the said Governor of New South Wales, under and by virtue of the said Act, did issue his Commission, bearing date under the Seal of the said Colony of New South Wales the thirtieth day of September, in the year of our Lord one thousand eight hundred and forty, thereby appointing certain Commissioners, with power to hear, examine, and report on all claims to grants of land in New Zealand ; and the said Commissioners appointed therein did proceed to hear and examine certain of such claims, but have not as yet reported thereon, and other of the like claims have lately been referred to the said Commissioners by the said Governor of New South Wales: And whereas since the appointment of the said Commissioners the Islands of New Zealand have been separated from the Government of New South Wales and erected into a colony by Her Majesty's Eoyal Charter, and it is therefore expedient and necessary that the said Act of the Governor and Legislative Council of New South Wales and its dependencies should be repealed, and the said Commission so issued by the said Governor thereof determined : And whereas it is expedient and proper that a local ordinance for the same general purposes, intended to be provided for by the said in part recited Act of the Governor and Council of New South Wales, together with such other enactments applicable to the altered circumstances of theColony of New Zealand, should be enacted by the Governor and Legislative Council of the same: 1. [The New South Wales Act, 4 Vict., No. 7, repealed. Commission determined.] All titles to land in New Zealand absolutely null and void except allowed by Her Majesty. Not to affect land purchased.of or held under Her Majesty. 2. And whereas it is expedient to remove certain doubts which have arisen in respect of titles of land in New Zealand : Be it therefore declared, enacted, and ordained : That all unappropriated lands within the said Colony of New Zealand, subject, however, to the rightful and necessary occupation and use thereof by the aboriginal inhabitants of the said colony, are and remain Crown or domain lands of Her Majesty, her heirs and successors, and that the sole and absolute right of pre-emption from the said aboriginal inhabitants vests in and can only be exercised by Her said Majesty, her heirs and successors, and that all titles to land in the said Colony of New Zealand which are held or claimed by virtue of purchases or pretended purchases, gifts or pretended gifts, conveyances or pretended conveyances, leases or pretended leases, agreements, or other titles, either mediately or immediately from the chiefs or other individuals or individual of the aboriginal tribes inhabiting the said colony, and which are not or may not hereafter be allowed by Her Majesty, her heirs and successors, are, and the same shall be, absolutely null and void : Provided and it is hereby declared that nothing in this ordinance contained is intended to or shall affect the title to any land in New Zealand already purchased from Her Majesty's Government or which is now held under Her Majesty. Governor may appoint Commissioners to hear, examine, and report on claims to grants of land in New Zealand. 3. And whereas Her Majesty hath, in the said instructions, been pleased to declare Her Majesty's gracious intention to recognise claims to land which may have been obtained on equitable terms from the said chiefs or aboriginal inhabitants or inhabitant of the said Colony of New Zealand, and which may not be prejudicial to the present or prospective interests of such of Her Majesty's subjects who have already resorted or who may hereafter resort to and settle in the said colony: And whereas it is expedient and necessary that, in all cases wherein lands are claimed to be held by virtue of any purchase, conveyance, lease, agreement, or any other title whatsoever from the said chiefs or tribes or any aboriginal inhabitants or inhabitant whomsoever of the said Colony of New Zealand, an inquiry be instituted into the mode in which such claims to land have been acquired, the circumstances under which such claims maybe and are founded, and also to ascertain the extent and situation of the same: Be it therefore enacted and ordained that it shall and may be lawful for the Governor of the said Colony of New Zealand, and he is hereby authorised and empowered, to issue one or more Commission or Commissions and thereby to appoint Commissioners, who shall have full power and authority under the same, to hear, examine, and report on all claims to grants of land in virtue of any of the titles aforesaid in the said Colony of New Zealand; and each of such Commissioners shall, before proceeding to act as such, take and subscribe before a Judge of the Supreme Court of New Zealand, or before such person as the Governor or Chief Justice for the time being shall in writing appoint for that purpose, the oath set forth in the Schedule to this Act annexed marked A, which oath shall be recorded in the office of the Colonial Secretary of the said colony. ft [All claims to grants of land in New Zealand, already made to and directed by the Governor of New South Wales to be referred to the Commissioners, directed to be referred under this Act.] 5. [Governor of New Zealand may receive and refer claims under this ordinance to Commissioners.]