MR. BROWN'S REPORT

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 52, 1 August 1844, Page 3

MR. BROWN'S REPORT

i' : Of M'.e subject of minimum price of Lands J in New Zealand* That'in the opinion of this Council, tun "Ac foi .regulating the Sale of Wast-- Land* belonging to the Crown in the Australian Colonies," con* Sldering the principles upon which it appears to be founded, is unsuitable to the actual condition and circumstances of the Colony of New Zealaud. That the principal objects of requiring that of land shall be sold for less than 20s. an acre, appear -to be the following;—To provide a fund for the introduction of labourers into the Colony, and thus to secuie to the purchaser of land the means of • cultivating it;—and to prevent the labourer, when CO introduced inlo the Colony, from too speedily becoming a landowner; and ceasing to work for hire, before he has contributed a due Droportiiu ol i labour. That the,., present system appears to have been devised with a view to the colonization of uninhabited countries, or countries having no available Sources of labour within themselves, and in which die Government possesses a disposing power over the territory, or can prescribe the terms on which the use or occupation of the territory shall be held That the Islands of New Zealand are peopled by upwards of 100,000 intelligent aud rapidly improving native inhabitants. That with the exception of about 1,700,000 acres of land owned or claimed by the Crown, and by private persons, every portion of the surface of -acres) is owned or claimed by one or more tribes or individuals of the Aboriginal race, whose •' territorial rights as owners ct the soil," have been guaranteed to them by Tr< at-y ;—and, by other acts of <the British Government, have been distinctly •« re» -cognized and respected." That of the 1,700,000 acres claimed by Euros 'peans the New Zealand Company, (assuming the validity of their purchases) will be entitled, by an arrangement entered into with them by the British government, to a Grant of not less than abou 1,200 000 acres. That under the provisions of the Land Claims Ordinance of this Colony, Sess. I, No. 2, the old Land Claimants will be entitled to receive Grants o not less than about 200 000 acres, and that the remaining 300,000 acres are the ouly lands iu the Colony possessed by the Crown, by purchase, or otherwise, over which the Government has a disposing power. That although the Crown has obtained by Treaty from the Natives the right of pre»emptiou overall Native lands, and all titles to land that may not be confirmed by Grants from the Crown, have been declared by a Local Law to be mill and void : jex, looking to the capability of New Zealand for the

breeding and feeding of sheep and cattle—to the '"' value and extent of its mineral wealth, and to the numbers and intelligence of the Native owners of 'the soil, it will be impossible to prevent the European settler, by any legislative enactment, from obtaining by private arrangement with the Native owners, at least the temporary use and occupation of tbe land, in an irregular manner, r That although the New Zealand Company, in disposing of their lands in New Zealand, have hitherto proceeded upon a systematic plan, and have required a high price for their lands, there is no security (as may be seen from their own views •npou this subject, - ) that they may not abandon that system, and endeavour to dispose of their remaining lands by offering them tojpublic competition at a low upset price. That from the other class of land o ners—tL e original settlers, —who by a recent ar angemen ha?e been allowed tbe option of exchanging their lands for other lands in the District of Auckland land may be readily purchased, and to the <xlent of many thousand acres, at the rate of less than ss. an acre. Under, these circumstances th r. Government have not the power of prescribing the price, below which lands in w .this Colony shall not be disposed of. That the Aboriginal inhabitants of New Zealand are cultivators of the soil ; lhat experience has shewn them to-be both willing and able to perform most of the ordinary operations of labour ; lhat in various parts of th« Colony tbey are working for hire for the European settlers at a moderate rate of wages—from Is. to Is. 6d; a day—and that, looking to the nature of the-most valuable resources of the country, capital, rather than labour, will lie required to be imported into the Colony in order to ensure their useful and successful development. The Council are not unmindful of the difficulties that may stand in the way of "a change in the existing system, but seeing that this Colony differs so essentially from the neighbouring Colonies, the Counnil are of opinion that the foregoing fots should be brought under the consideiation of Her Majesty's Government, with a view of suggesting the propriety of'repealing so much of the " Act for regulating the sale of Waste Lands belonging to the Crown in the Australian Colonies," as enacts that the.*.'. Australian Colonies" shall be deemed to include the Colony of New Zealand. That with reference to tbe system now existing tinder which it is sought to prevent ifie Aboriginal owners of the bind from exercising any ■disposing power ever it, either absolute or partial, in favor of any 'person Of European bislh, the prohibition has already excited much dissatisfaction in their minds, which from their growing intelligence and appreciation of the vaiueoflaiid, \* liable to he incieased rather than diie'/nished \ besides which, this prohibition alibi ds ill-disposeii persons the means of inducing the Natives to be dissatisfied wiih the Biitish Government generally ;> and ais, in defiance of any legal enactments, the'European settler will be able to obtain,: at least the temporary use and occupation of Native lands,—Her Majesty's Government should be moved to consider whether it would not be expedient to modify the present restrictions ; the Council being of opinion, founded on local knowledge and experience, that it would 'tend more to the peaceable and'prosperous settle-

ment of the country, that the Native owners of the land, uuder oeitaiu well considered regulations, should be free to dispose of such lands as are not required by the Crown, rather than that such dispositions of land should he made secretly,—by irrev illegal arrangements.

UNSWORN TESTIMONY ORDINANCE. Iu the Eigth Year of the Reign of Her Majesty Queen Victoria, Session 111. No. 16. Title. AN ORDINANCE for the Admission in certain cases of Unsworn Testimony, in Civil and Criminal Proceedings. . Preamble..reciting 6 Victoria, chap. 22. Whereas by an Act of Parliament passed in the Sixth year of the Reign of Her Majesty Queen Victoria, chap. 22, intituled " An Act to authorise the Legislatures of certain of Her Majesty's Colonies, to pass laws for the admission iu certain cases of Unsworu Testimony in Civil and Criminal Proceedings," power is given to the Legislatures of her Majesty's Colonies to pass laws for the admission of the Evidence of persons of the Native Races of such Colonies who by reason of defect of Religious knowledge and belief, would not otherwise be com-: petent to give evidf nee in any Court of Justice.And whereas it is < -xpedient lo carry into effect in this Colony, the intention of the said Act, Be it therefore enacted by the Governor of New Zealand, with the advice and consent of the Legislative Council thereof as follows : Certain persons may giiie Evidence on Affirmation. 1. Any person of the Aboriginal Native Race of the Islands of New Zealand, or of countries adjacent thereto, who by reason of defect ot Religious knowledge and belief, would be by law incompetent to gfive evidence in any Court, shall be permitted to give evidence in any proceeding Civil or Criminal, before any Justice of the Peace, or before a Jury, upon making affirmation that he will speak the trulh, the whole ttuth, and nothing but the truth, and tbe evidence so given shall have the weight to which such Justice of the Peace or such Jury may deem it to be entitled. Who to be deemed of the Aboriginal Race. 2. All persons of whose parents oneonty shall lie of the Aboriginal race, shall be taken and and deemed to be of the Aboriginal race within tbe provisions of this Ordinance. Persons giving false Evidence to be guilty of a Mtsdimeanour. 3. If any person so making'affirmation as aforesaid, shall-wilfully g-ive false evidence, he shall be deemed guilty of a misdemeanour. Passed the Legislative Council, this lGth. day o July, 1844. ROBERT FITZROY, Governor, J. COATES, Clerk of Councils SUMMARY PROCEEDINGS' AMENDMENT ORDINANCE. _ In the Eigth Year of the Reign of Her Majesty Queen Victoria. SESSION 111. No. 15. Title. AN ORDINANCE to Amend an Ordinance to regulate Summary Proceedings before Justices of the Peace. Summary Proceedings Ordinance recited, (Setsion 2, No'. 5 And Ordinance No. 8, Session 3. Whereas by an Ordinance enacted by the Governor of New Zealand, with the advice and cons sent of the Legislative Council thereof, Session 2 No. 5, intituled " An Ordinance to regulate Summary Proceedings before Justices of the Peace," it is enacted that in certain cases of Summary Conviction in the said Ordinance mentioned, it shall be lawful for tbe parties convicted to appeal to the County Court of the District in which the cause of complaint sbalf have arisen : and whereas by an Ordinance passed in this present Session of the Legislative Council, (Session 3 No. 8,) intituled " An Ordinance to establish Courts of Requests for the more easy and speedy Recovery of Small Debts," it is enacted that from and after the first day of October, 1844, the Ordinance for establishing County Courts (Session 2 No. 2), shall be repealed. Be it therefore enacted by the Governor of New Zealand, with the advice and consent of the Legislative Council thereof, as follows s Appeal from Summary Conviction to be to Supreme Court. i 1. Tn case of Summary Conviction whenever lawful under the said Summary Proceedings' Ordinance for parties convicted to appeal to the County or District Court, it shall from and after the (First day of September, 1844), be lawful for such parties lo appeal to the Supreme Court, subject to all such regulations and provisions as are in the said Summary Proceedings' Ordinance contained. Passed the Legislative Council, this 16th day of July, 1844. ROBERT FITZROY, Governor. J. COATES, Clerk of CouncilsAPPROPRIATION ORDINANCE. In the Eigth Year of the Reign of Her Majesty, Quern Victoria. Session 111. No. Title. AN ORDINANCE to Appropriate the Revenue for the year 1841, beginning. Preamble. Whereas it is expedient that such part of tli e General Revenue of New Zealand" as is snhjec 1 to the disposal of the Colonial Government should be fiom time to time appropriated by authority of the Legislative Council. Be it therefore enacted by the Governor of New Zealand, advice and consent of (he Legislative Council thereof, as follows ; Certain sums to bejappliedlto the service of the year 1844. 1 Out of such part of the General Revenue as aforesaid, there may be issued and applied in manner hereinafter mentioned, anyj sum or sums I

of money not exceeding the several sums hereinafter specified, (that is to say) For defraying the charge of the Government of this Colony, for tbe year "1844, the sum of Thirtyfive thousand nine hundred and ninety-one pounds and one shilling, as hereinafter particularly specific ed, (that is to say) For His Excellency the Governor, and Entablishment, 1450/ 13s For Colonial Secretary's Department and Printing Establishment. 1915/ For Attorney Geneial, 430/ For Colonial Treasurer's Establishment, 1135/ For Council Office, 420 Z For Superintendent of Southern, Division, and Establishment, 750/ For Crown Solicitor, 150/ For Board of Audit, 325/ For Customs Establishment, 4000/ For Judicial Establishment, Supreme Court, 2G20/..Local Courts, 1350/..total 3970/ For Coroners, 80/ For Sheriffs and Gaol*, 1615/ For Ecclesiastical Establishment, 200/ For Medical Department, 300/ For Harbour Establishments, exclusive of Signa 1 Stations, and Powder Magazine, 375/ For Colonial Vessel, 1508/ For Public Works, Fixed Establishment, Tools and contingencies, Roads and Buildings, 2710/ For Postage of Letters on Public Service. 250/ For Commission for Titles and Claims to Land .>2OO/ For Registry of Deeds, 300/ For Magistrates and I'olice, 5102/ 8* For Survey Establishment,24oo/ For Aborigines, 2400/ For Land Purchases, 800/ For General Contingencies, including Stationary and Departmental Contingencies not otherwise provided for, 1200/ Amounting in the whole to the sum of 35,091/ Is Treasurer to pay monies on order of Governor. 2 And be it enacted, that the Colonial Treasurer shall issue and pay from time to time any sum or saras of money, for tbe purpose hereinbefore mentioned, not exceeding in tbe whole the sums respectively specified to such persons, and in such portions as the Governor for the time being shall by any Order or Orders in writing signed by him, from time to time direct, and such Treasurer shall in his accounts be allowed credit for all sums paid l>y him in pursuance of such Orders, and the receipts of the pers< m to whom such sums shall have been so paid shall be to him a full discbarge for the sum or sums for which such receipt shall have been given, and the amounts thereof shall be passed to his credit in account accordingly. Passed tbe Legislative Council, this 6th day of June,lß44, ROBERT FITZROY, Governor, J. COATES, Clerk of Councils. LAND CLAIMANTS' ESTATE ORDINANCE, Iu the Eigth year of the Reign of Her, Majesty Quec n Viclorira. Session 111. No. Si. Title. AN ORDINANCE to remove doubts respecting the Legal Estate in Lands granted to Land Claimants, Preamble. WhErea3 by the " Land Claims Ordinance" Ses= sion 1, No 2, it is declared and enacted that all titles to Lands in the Colony of New Zealand so held or claimed, as in the said Ordinance mentioned, which were or might not be allowed by Her Majesty Her Heirs and Successors, were and the same should be absolutely null and void : And whereas Claims to Grants of Lands have been or may be confirmed by Grants from the Crown under the provisions of the said Ordinance, and doubts have arisen as to the nature of the Estate or interest of the Claimants in the Lands comprised in any such Giant iu the inter val between the date of the purchase by any such Grantee, and the date of the Crown Grant to him ; And whereas for the purpose of preventing serious injury and inconvenience to persons who have dealt during tbe aforesaid interval with such Claimants iu respect of the Lands so claimed by fhem, it is expedient that the Legal Estate in all lands so granted as aforesaid, shall be deemed to have been in such Grantee from the date of the purchase by him as aforesaid.* Be it therefore enacted and declared by the Governor of New Zealand with the advice and consentof the Legislative Council thereof as follows: Legal Estate to be deemed in Claimant before date of Crown Grant. 1. In all case* where any Claim to Land hath been or may be confirmed by a Grant fiom the Crown under the provisions of the said recited Ordinance, the Legal Estate in the Land comprised in such Grant shall be deemed to have been in the Grantee thereof, from the date of the purchase of such land by him as aforesaid, Passed the Legislative|Council, this 16th day of July,Tß44. ROBERT FITZROY, Governor. J. COATES, Clerk of Councils