LAND CLAIMS BILL.

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 141, 5 December 1846, Page 4

LAND CLAIMS BILL.

A Bill to authorise Compensation in Colonial Debentures to be made to certain Claimants to Land in the Colony of New Zealand. Whereas by a Proclamation bearing date the 10»h day of October, 1844, it was proclaimed and declared that the Queen's right of preemption would be waived over limited portions of land in the Colony of New Zealand, on certain conditions in the said Proclamation set forth. And it was amongst other things provided that "All transactions with the settlers — all risks attendant on misunderstandings — on sales made improperly — or on incomplete purchases — must be undertaken by the buyers;" and farther, that no Crown Grant would be issued in respect of any such land to any person or persons who should be found to have contravened the Regulations in such Proclamation. And whereas numerous purchases 'are alleged to have been made from persons of the Native race, of lands over which the Queen's right of pre-emption hath been waived in pursuance of the provisions of the said Proclamation, but no Crown Grant of any such land can be safety issued until it shall be ascertained that such alleged purchases have been made from the true Native owners of such land, andithat the rights of all persons thereto have been extinguished : and that the terms and conditions prescribed by the said Proclamation have been duly complied with. And whereas due investigation in this behalf cannot be completed without great expense and delay, and the persons claiming to have made such purchases as aforesaid, may in some cases be willing to forego all further claims in respect thereof, on receiving compensation for their outlay therein. For the relief of such persons, Be it enacted by the Lieutenant-Go-vernor of New Zealand, with the advice and consent of the Legislative Council thereof, as .follows.: — 1. It shall be lawful for his Excellency ihe Governor by warrantunderhis hand, to appoint a fit person to act as a Commissioner for examining and reporting upon all claims to compensation to be preferred pursuant to the provisions hereinafter contained, and such Commissioner to displace and remove, and to appoint another in his place, as to the Governor shall seem meet. 2. Every such Commissioner shall, upon his appointment, take an oath well and faithfully to execute the office in him reposed by virtue ot such appointment, which oath any Justice of the Peace is hereby authorised to administer. 3. Every person who shall be desirous of foregoing all further claim in respect of any such alleged purchase, as aforesaid, on the terms and conditions herein contained, shall within ( ) calendar months after the passing of this Ordinance, give notice in> writing to the Colonial Secretary of his intention so to do. And in such notice shall state the amount of the outlay incurred by such claimant in respect of such purchase, or in relation thereto, or in the improvement of such land as hereinafter mentioned. 4. Every such claim shall, as soon as convenient may be, be referred to the Commissioner so to be appointed, as aforesaid, who shall proceed with all convenient dispatch to investigate and report upon the same. 5. It shall be lawful for such Commissioner upon receiving any claim so to be referred to him, to notify in the New Zealand Government Gazette the day appointed by him for inquiring into such claim, and such notification shall be a sufficient warning to the parties interested therein. 6. The said Commissioner shall in every case inquire into and set forth, so far as it shall be possible, to ascertain the same. 1. The Price or Consideration, with the sterling value thereof, paid to the Native sellers for the land alleged to have been purchased. 2. The amount paid by the Claimant (if any) for the Deed of Conveyance or Agreement fc-r purchase, and other expenses attending such purchase. 3. The amount of Expenses incurred by the Claimant in Maps, Plans, and Surveys. 4. And the outlay (if any) incurred by the Claimant in Cultivation, or Fencing of the Land, or in the Erection of Buildings, and other improvements thereon. 7. In the hearing, examining, and reporting on any 9uch Claims, as aforesaid, the said Commissioner shall be guided by the real justice and good, conscience of the case, and shall direct himself by the best evidence he can procure, or which shall be laid before him. 8. As soon as conveniently may be after hearing any such claim, the said Commissioner shall make a report thereof in writing to the Governor, setting forth the name and address of the claimant — the siiuation and extent of the land alleged to have been purchased — the evidence adduced in proof of the outlay found to have been incurred under the several heads of expenditure hereinbefore mentioned — together with the total amount in respect of such outlay to which the said Commissioner shall find such claimant to be entitled, pursuant to the provisions of this Ordinance. 9. Upon the confirmation of any such report to the Governor, a notification of such confirmation shall be forthwith published in the New Zealand Government Gazette, and the Claimant named therein shall be entitled to receive from the Colonial Treasurer a Debenture for, the amount named in such report. Every auch Debenture'shall bear interest at the rate of £ per centum per annum, to be payable half-year-ly, and, shall together with the interest, from time to time to accrue due thereon, be charged upon and payable out of the Colonial Revenue, but such Debenture shall not be transferable, except as'hereinafter' mentioned. - -^ ' ' \\Q. rPpon.the-recejpt of any such Debenture by the person named therein, all right, title,

interest, claim, and demand of such person, in and to the land in respect of which such Debenture shall have been issued, shall be extinguished, and such land shall thereupon be deemed and taken to become part of the Demesne Land of the Crown, saving always the rights which may thereafter be substantiated thereto by any person of the Native race. 11. If any such Claimant as aforesaid (except as hereinafter excepted), shall be desirous of purchasing the whole or any part of the land so alleged to have been purchased by him, and shall signify such his desire to the Colonial Secretary in writing, at any time within ( ) calendar months after the Confirmation of the Report of his Claim shall have been so published as aforesaid, the land so desired to be purchased shall be put up to Sale by Public Auction, in manner hereinafter mentioned. Provided always, that such land shall not be so offered for Sale unless the Claimant shall have entered into occupation, or taken actual possession thereof, either by cultivating, fencing, or erecting some building on the same. 12. All such land shall be put up for Sale as soon as conveniently may be, after due notice of the time and place for the holding of such Auction can be given, at the upset price of £1 per acre, together with the amount which shall have been awarded to any such Claimant as aforesaid, in respect of the outlay incurred by him for the purposes hereinbefore particularly described. 13. In case the person at whose request any such land shall have been so offered for Sale, shall become the purchaser thereof, the Debenture so issued to him as aforesaid, shall be received by the Colonial Treasurer as cash in or towards payment for any land so to be purchased by any such Claimant. And in case the amount of the Debenture tendered in payment for such land shall exceed the amount for which the same shall have been sold, the person ten--dering such Debenture shall be entitled to a new Debenture for the amount of the balance,^bearing" interest at the rate and payable as herein • fore provided. 14. For the purpose of this Ordinance, the word}" Governor" shall be taken to include the " Lieutenant Governor, 1 ' or the " Officer Administering the Government" for the.time being*