PROCLAMATION.

Auckland Times, Volume 2, Issue 92, 15 October 1844, Page 2

PROCLAMATION.

By His Excellency ROBERT FITZROY, Esq, Governor of New Zealand, &c., &o. &c. Whereas by a Proclamation bearing date tbe 26tb d*y of March, 184*, it was noiifiVd to the Pnhiic that the Crown's right ot Preemption would be waived over certain portions of Land in New Zealand j—and whereas the terms and conditions set forth m sorb Proclamation on which the right cf pre-emption would be so waiv d, have in some rases been disregarded, either by persons making purchases of land from the Natives without first applying for, and obtaining, the Governor's consent to waive tbe right of pre-empt ion, ©, & y mtkcii .SlHjiBV t&»fi>'-"«. of lansl n v, s; , ; &. io hs . purchas.d from tbe Natives r—and whereas, certain persons have misrepresented tbe objects and intea. tions of Goversm<-nt iu requiring that a fee should be paid on obtaining the Governoi's consent to waive the right of pre-emption—on behalf of Her Majesty—who, by the treaty of U'aitangi undertook to protect the Natives of New Zeatand-aod 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 cons#qtien C e of misrepre senting the motives of Government, and asserting that to be a marfc of oppression—even of slaver? —which is in reality an effect of parental care-i are already manifest ;—and ate ctnain to increase seriously if the cause be no treraoved. And whereas, the Natives of New Zealand hiv« become perfectly aware of the full value 0 f their lands—and are quite alive to Uieir own present interests—however indifferent at times to those of their children.

Now, therefore, I, the Governor, acting on be-*. hslf of Her Majesty the Queen,—do he.eby pro, claim and declare, that f-om this day no fees will be demanded on consenting to waive the right of preemption;—that the fees payable on the issueof Ciown Giants, under ; tbe lollowing regulations will be at the rate of one penny per acre ; and that —until otherwise ordeted—l will consent, on be, half of Her Majes»y, to waive the right of ademption over oettain limited portions of land j tt New Zealand—on toe following conditions :

1. Application is to be made in writing lo the Governor, through the Colonial Secretary, to waive, the Clown's right of pi e . em ption over a ceitahi number of acres of land at, or immediately adjoining a place distinctly specified ; such land being <]<.„. crioed a< accura'ely as may be practicable. «. The Governor willgiye, or refuse his eonsent to waive the Crown's right of pre-emption, as His Excellency may judge best for the public weifaie • rather than tor the private iaieiest of the applicant* He will fully consider the nature 0 t the locality • the state ot the neighbouring and resident natives* their abundance or deficiency o.t laud, th.eir disposition towards Europeans, and towards Her Ma, j*sty's Government and he will consult with ihe Prelector of Aboiigines before consenting, in any case, to waive tbe right of pre eruption. 3. No Crown title will be give* for any Paji or Native or land about either'* however desirous the owners may now be to part vtitli tbetti < and, as a general rule, the right of pre-emption »Ul not be waived over any land required by the Aborigines /or th,eir owu n ,e •. although they themselves may ii ow be desirous that it should be alienated.

4. The Crowns right of pre-emption will not be waived over any of that land near Auckland whice lies between the Tama I: j road and the sea la tbe northward, or over any laud reserved for the use of. the Aboriginal Nairns. 5. Of all laud purchased from the Aborigines in consequence of tbe Crown's right of pre-emp-tion being waived—onesunth petit, of /air average value, as to position and quality, is «.• he conveyed by the purchaser, to Her Majesty, her heir„ ,„d successors, for public pmpo.es, especially the fn* ture benefit of the Abun^uies,

6. AM transactions with the sellers, all risks 11 attendant on misunderstandings, on sales made i improperly, or on incomplete purchases— roust be! ] undertaken by the buyers until their respective purchases bave been'allowed, and confirmed by Grants from the Crown. ■ •> i " 7, As the Crown has no right of pre-emption over land already sold to any person not an Aboriginal Native of New Zealand, aud whose claim is or may be achuowledged by a Commissioner of Land Claims—no Grant will be issued to any other than the original Claimant, or bis representative, whose claims have been, or may be investigated by a Commissioner, and recommended by him to the Governor for a Grant from the Crown8. Land so obtained is to be snrveyedi'at the expense of the purchaser, by,a competent "Surveyor, licensed or otherwise approved of by Government, —who will be rt quired to declare to the accuracy of hit wort:, to the best of bis belief, and to deposit certified copies of the same at the Colonial Secretiry's office, previous to the preparation of a Crown Grant. 9. Copies of the Deed or Deeds, conveying gucb lands, are to be at the Colonial Secretary's ofhce as soon as practicable, in order that tbe necessary enquiries may be made • and notice given in the A/aorie, as wrll as in the English Gazette, that a Crown l'itle will be issued j_unless sufficient cause should be shewn for its being withheld, for a time—or altogether refuser), 10. No Crown Grants will be issupd until, at least, twelve months after the receipt at the Colonial Seotetary's office, of certified Copies of the Surveys and Deeds of Sale above-mentioned ; and on the issue of Grants Fees, at the rate oi one penny per acre, will be required by Government, 1.1. ihe Government, o« the behalf of the Crown and the Public, will reserve the right o making and constructing roads and bridges for public purposes, through or inlands so granted ; the owners being lairlv compensated by othei equivalent land, as sertled by arbitration--12. No Crown Grants will be issued under the foregoing arrangement to any persou or persons who may be found to have contravened any of these regulations,—and ttie public are reminded, that no Title »o land in this Colony, held or claimed by any person not an Aboriginal Native ot ihe same, is valid in the eye ot the Law, or otherwise than null and void unless confirmed by a brant from the Crown. Given &c, this tenth day of October, 1844. ROBERT FITZROY, Governor.