Governor's Minute. Gentlemen of the Legislative Council,

New Zealander, Volume 3, Issue 125, 11 August 1847, Page 3

Governor's Minute. Gentlemen of the Legislative Council,

I think it right to lose no time in making you acquainted with the nature of the instructions which I have received from Her Majesty's Government, relative to the mode in which the Claims to Land which have originated under the ten shilling an acre nnd penny an acre proclamations, are to be disposed of. It will be seen from the annexed report of the At- j torney-General, on the course which would have to be ! pursued under the terms of Lord Grey's despatch on J the subject of claims to land which have arisen under j my predecessor's proclamations, that by a rigid adherence to these instructions, a great number of the claimants might fail to make good, their claims, —that they would all be subjected to much expense and delay, and would in all instances receive a title which would be comparatively worthless ;—and, finally, the question would be almost as far as ever removed from & complete settlement. In some cases also it might be said, that those claimants who have been carrying on their operations in reliaiue upon the terms of the local Ordinance relat> ing to this subject, would suffer an injury which could not have been in the contemplation of Her Majesty's Government, as they were ignorant of the fact of the Ordinance having been passed. I should also state that since the period when I applied to Her Majesty's Government for instructions as to the mode in which the claims which had originated under the ten shilling an acre and penny an acre proclamations, were to be disposed of— great changes have taken place in the circumstances of the Colony, of which changes Her Majesty's Government cannot even yet be fully informed. The state of the Colony at the period to which I am alluding, in reference to the then existing land claims, and to those which were likely to arise, may be said to have been this:— . It was generally believed that the Governor of this Colony could legally waive the Crown's right of preemption, in favor of a particular individual, over any portion of land, whatever might be its extent. It vras further believed that private individuals might, in defiance of the law, purchase or lease lands from the pretended native owners, without rendering themselves amenable to any punishment. At the same time, also, the usual right of pre-emption possessed by the Crown in all countries similarly circumstanced, had in New Zealand been actually abandoned. The Governor of the Colony had also formally declared to the Home Government, that the iear of insurrection which Europeans were concerned in exciting had forced him to take this step —and many of the best informed persons believed that this oourse having once been adopted, the Crown, from an apprehension of exciting discontent amongst Ihe native population, which might be augmented by designing Europeans, would never venture to attempt to resume this right. Relying upon these several circumstances, Europeans continued to make purchases and leases of land direct from the natives, and without any regard to the rights of the Crown or the interests of the public, trusting ulimately to force the Government to recognise the new claims which were being thus created. At the same time, claims to tracts of land of more than one hundred thousand acres in extent, had arisen, and Grants for these lands were demanded from the Government,—in some instances, in a manner which clearly evinced a disposition to intimidate by threats, and not to ask for the concession of just rights. I should still add, that some individuals had purchased from the natives the tracts of land they claimed, by supplying them with fire-arms and ammunition, whilst the same natives were within a short period of time afterwards most prominent in their attacks upon British settlements. In fact, at the time of which I speak, a system was in existence which had given rise to land claims, to the extent of upwards of one hundred thousand acres, and under which new claims were daily arising, the limit of which it was impossible to foresee. Now, the state of the country in reference to these land claims may be said to be as follows :— A formal decision of the Supreme Court has been pronounced; declaring that the Governor of this Colony has no power to waive the Crown's right of pre-emption, and that he cannot legally do so. There is, thus, no probability that such a step will ever again be taken by a Governor of New Zealand, nor will there be any inducement for persons to attempt to urge him to do so. As there would be no possibility of any such act upon his part being recognised, and they could establish no claims for consideration upon the ground of ignorance of his powers, these having been now ascertained, and declared in the most formal manner. 2ndly. The localLcgislaturc has passed an enactment which imposes a fine of jCIOO upon any person who

may attempt to purchase or lease lands from the natives, thus effectually preventing the growth of any future land claims. 3rdly. The Crown's right of pre-emption over the lands in this Colony has now been for several months actually resumed, and this resumption has in practice been completely acquiesced in both by Europeans and Natives". 4thly. The sale of arms and ammunition, and the manufacture and repair of anna, have been prohibited by law. sthly. By the Government notice of the 15th Juno, 1846, the exact extent of the existing claims has been ascertained and defined. Gthly. The illegality, impolicy, and injustice of all the proceedings connected with these claims, have been fully recognised by the Home Government. I think therefore that all the most material duties of a Government in reference to these claims, may now be said to have been fulfilled. An illegal system was in operation, which had already produced great evils, for both races inhabiting this country, and which might have increased these evils to an extent, the limits of which no one could foresee. The Government have now reverted 10 the law, and have enforced it, and they have taken measures which have completely checked the evil which existed, and have defined precise limits beyond which it cannot spread, they have farther taken precautions, which in as far as human foresight can extend, appear to remove all possibility of the xecurrence of such evils for the future. The only remaining duty of the Government is to apply such a remedy to the evil which was formerly created, as may most speedily restore the country to a healthy state. For the reasons stated in this minute, I feel justified in doing that upon a somewhat broader basis, than is prescribed by my instructions ; and as the evil is one, which until it is adjusted, .will certainly retard the prosperity of this portion of New Zealand, and I am sincerely desirous of making this adjustment in the most liberal spirit, I trust the Government will find in all parties a desire to facilitate by all means in their power, so desirable a measure. I must confess, however, to the Council, that I have for many reasons, experienced great difficulty in arriving at this determination, for 1 cannot hut remark, that Her Majesty's Government have recorded it as their opinion, that many of the claims which are about to be adjusted, are unsupported by equity, justice, or public policy, an opinion to which the knowledge I have acquired of them, compels me to give the fullest assent. On the other hand, however, I must admit that the claims of the bona fide and industrious settler, require, under all the circumstances of the case, a most indulgent consideration from the Government, and that this irfay be afforded to them, I am prepared to adopt a plan, which, whilst it will secure to the real settler the greatest possible facilities, will extend to all the land claimants far Jgreater .advantages than they would be entitled to under the instructions I have received. The regulations the Government intend to adopt are as follows :— The choice of any one of three modes of proceeding will be left open to all the claimants. Istly —Either to avail themselves of theprovisions of the instructions from Her Majesty's Government which I have now laid upon the table ; Or. 2ndly.— To avail themselves of the provisions of the Local Ordinance, (No. 22. Sess. 7.) " to authorize compensation in Colonial Debentures to be made to certain claimants to land in the Colony of New Zealand;" Or. 3rdly.— To avail themselves of the following regulations which the Government are prepared to adopt. The Government will issue at once to all claimants under the Ten Shillings an acre Proclamation, (who complied strictly with the terms of the Government notice of the 15th June, 1846,) and whose claims have already been investigated, or may hereafter be investigated, by the Commissioner, and favourably reported upon by him,— Absolute crown grants in the usual form* on their paying within one month from the date of the report of the Commissioner, the remainder of the fees due. The Grants to include the reserved tenths, (at One Pound an acre), in cases where the whole quantity granted does not exceed 200 acres. The same rule will be extended to the Penny an acre claimants for blocks not exceeding five hundred acres, (whether the land may be cultivated or not), whose claims have been, or may hereafter be favorably reported on by the Commissioner, on their paying Five Shillings an acre, within the same period of time. The same Grant and a Title upon the same terms, will be issued to all the Penny an acre claimants, in whose favor the Crown's right of pre-emption may have been waived over more than five hundred acres of land. But in these cases, the quantity of land granted (on ' which alone the fee will be demandable), will never exceed five hundred acres, and any title which the claimant may have acquired, over the remaining portion of the claim, will remain in the Crown; but the Goverrnment will not undertake to extend this last rule to a distance from the town ot Auckland exceeding I twenty miles. It must also be distinctly understood that the Government will in no case extend the rules relating to the Penny an acre claims, to those cases, in which there is any probability of the title to the land being | justly disputed by adverse native claimants. The fee of Five Shillings an acre demanded upon claims of this character, are intended to cover the expenses of the Commissioner's court, the Government surveys, and to satisfy any native claimant, who may afterwards appear, the Government by giving an absolute title taking upon itself to make the title good. I should further state to the Council one important modification which will, whenever necessary be made in these regulations, and the reasons upon which it is grounded. The Governors of all British possessions, previously to permitting lands to be ottered for sale, are required to cause them to be examined by the Surveyor General in order that such lands as are required for public purposes, especially as the sites of villages, and towns &c may be reserved for public purposes. In the instance of the claims winch have arisen in this colony, no such examination was previously made by the Surveyor General, nor was the country mapped, or the boundaries of the claims definitely assigned, or their position , in reference to each other defined. It will therefore not be in the power of the Government to give grants to any of the claimants for those t lands which may be indispensably required for public purposes, and in all grants which may be issued, the Government will r P serve to itself the right of marking out and taking possession of the land required for present or future public roads through such grants, at any time within twelve months from the date of , he grant, without making any compensation to the proprietors. In those cases, however, in which lands claimed under my predecessor's proclamations, are retained by the Government for sites of Towns or Villages, any expenses which the claimants may have been justly ,, llt u > jh-1 beieturncdtothem, and some con/pensa fion m the form of land in the Village or Town shall be made

The Council will also perceive that the Government, by the means which have been taken to have accurate surveys of these claims made, and their boundaries clearly defined, in the manner in which they will ap • pear in the Grants, have in as far as possible removed all grounds of future dispute and litigation between the respective claimants. It only remains for me to repeat, tint T lnve adopted the arrangements I have detailed to (he Council, from a most sincere dehiie to teiminate speedily and satisfactorily, the almost inextiicable mass of difficulties which have aiisen with respect to these cl.urns —and at the same time from ;> <'ordi.il wish to promote to the utmost, the interests of the rnnlly industrious beltler, with whom 1 nlwnys warmly sympathise ,• I tmst, thrrefore, that the Council ujll loud mil any aid in their power for the pm pose of promoting the speedy completion of the proposed objects. G. Grey. Council Chamber, Auckland, August 7th, 1847.

On the motion of (ho Attorney-General, the documents then read weie ordered tobe printed. Notices of motion weie given by I lie Attor-ney-General, for the third reading, on Tuesday, of the Native Force Ordinance 5 by the Colonial Secretary, for the third reading of the Gunpowder Ordinance ; and by Mr. 61 own, for the second reading of Savings' Bank Bill. The Council adjourned to Tuesday, 10th August.