NATIVE LAND PURCHASE BILL.

New Zealander, Volume 2, Issue 76, 14 November 1846, Page 4

NATIVE LAND PURCHASE BILL.

A Bill to provide for the prevention by Summary Proceeding of unauthorised Purchases of Land. Whereas it is essential to both the peaceable and prosperous colonisation of New Zealand that the disposal of land therein should be subject to the control of the Government of the colony, And to that end the Right of pre-emption in And over all lands within the colony

hath been obtained by treaty, and is vested in Her Majesty, Her Heirs and Successors, and all lands alienated without the sanction of the Crown by any person of the Native race to any person not of^ the same race, do, by virtue of such alienation, vest in the Crown as part of the domain ]ands thereof. And whereas divers persons have without the sanction of the Crown entered into contracts for the purchase, use, or occupation of lands, which private contracts are not, and in most cases cannot be made with due regard to the validity of title to the land comprised therein, and are often defective hy reason of a want of a clear understanding by the parties to the contract of the terms and meaning thereof, And whereas by such secret and irregular purchases not only is the law sought to be evaded, but the {jeneral tranquillity of the colony is liable to be seriousy endangered, For the purpose therefore of providing a speedy and effectual remedy for the evils aforesaid, Be it enacted by the Lieutenant-Governor of New Zealand, with the advice and consent of the Legislative Council thereof, as follows i 1. If any person shall after the passing of this Ordinance, purchase, or by writing or otherwise agree to purchase any estate or interest in land from any person of the Native race, or shall by writing or otherwise agree with any such person for the purchase of the right of cutting timber or other trees, or of the right of Mining, or of .the right of Pasturage, or for the use or occupation of land. And also if any person who shall not hold a License from the Government for that purpose shall be found using or occupying any land not comprised within a Grant from the Crown, cither by residing thereon or by erecting any house or building thereon, or by clearing, enclosing, or cultivating any part thereof, or who shall be found without such license aforesaid, to have cut timber or other trees tLereon, or to have gotten auy mineral therefrom. Every such person shall upon convictton of any of the offences hereinbefore mentioned, forfeit and pay any sum not less than £ , nor more than £ ,to be recovered in a summary way. Provided that no person shall be convicted of any of the offences aforesaid, except on the information or complaint of the or ot some other ollicer duly authorised in that behalf by His Excellency the Governor. 2. If any person so convicted as aforesaid, shall for the space of calendar mouths continue in possession or occupation of such land, or otherwise peisist in the unlawful act for which he shall have been so convicted, every such person shall upon conviction of any such fuither offence, upon such information or complaint as afore r a<d, forfeit and pay any sum not less than £ , nor more than £ ,to tie recovered in a summary way. 3. Provided always, that nothing herein contained shall be construed to take away, or affect any Proceeding which might by law be had agaiast any person tor any of the offences aforesaid, before the passing of this Ordinance. 4. In case of any conviction under the provisions of this Ordinance, where any person or persons shall appear to have been active in, or towards the procuring of any such conviction, it shall be lawiul for His Excellency the Governor to award to such person or persons any portion of the penalty recovered upon such conviction, but not exceeding in the whole, one half thereof, as to him shall seem meet. 5. For the purpose of this Ordinance, the word "Governor" shall be deemed to include the "LieutenantGovernor," or the "Officer Administering the Government" of the Colony tor the time being.