Governor's Minute. Gentlemen or the Legislative Council,

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 229, 9 October 1847, Page 3

Governor's Minute. Gentlemen or the Legislative Council,

I think it right to lose no time in making you acquainted with the nature of the instrue- , dons which I l>ave received from her Majesty's Government, relative to the mode in which the claims to land which have originated under the ten shillings an acre and penny an acre proclamations, are to be disposed of. It will be seen from the annexed report of the Attorney-General, on the course which would have to be pursued under the terms of Lord Grey's despatch on the subject of claims to land which have arisen under my predecessor's proclamations, that by a, rigid adhe.ence 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 wor.hless ; — and, finally, the question would be almost as far as ever removed from a complete settlement. In some cases also it might be said, that those claimants who have been carrying on their operations in reliance upon the terms of the local Ordinance relating 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 i'ully informed. The state of the colony at the period to which I am alluding, in reletence to the then existing laud 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 pre-emption, in favour of a particular individual, over any portion of land, whatever might, be its extent. It was 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 preemption 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 fear 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 course having once been adopted, the Crown,' from an apprehension of exciting discontent amongst the 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 ultimately to force the Government to recognise the new claims which were being thus created. At the same i time, claims to tracts of laud of more than one hundred thpusand acres in extent, had arisen, and Grants for these lands were de- *• raanded from Government, — in some instances, in a manner which clearly evinced a disposition to intimidate by threats, and not to ask for the concession o< just rights. 1 should still add, that some individuals had purchased from the natives the tracts of land they claimed, by supplying them with firearms 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 exteat of upwards of one

hundred thousand acres, and under which new claims were daily arising, the Ihftit 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 apy inducement fox 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 local Legislature has passed an enactment which imposes a fine of £100 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 arms, have been prohibited by law. sthly. By the Government notice, of the 15th June, 1846, the exact extent of the existing claims has been ascertained and defined. 6thly. 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 re erence to these claims, may now be said to have been fulfilled. An illegal system was in operation, which hall 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 to the law, and have enforced it anJ they have taken measures which have completely checked the evil which existed,' and have defined precise limits beyond which it cannot spread, they have farthertaken precautions, which in as far as human foresight can extend, appear to remove all' possibility of the recurrence 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 i speedily restore the country to a healthy state. For the reasons stated in this minute, I feel justified tn doing that upon a somewhat broader basis, than is prescribed by my in- [ structions ; 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 lor many reasons, experienced great difficulty in arriving at this determination, for I cannot but 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 may 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 greater advantages than they would be entitled to under the instructions 1 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. lstly. — Either to avail themselves of the provisions 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 authorise compensation to; Co> lonial 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 aIL claimants under the Ten Shillings, an 'awe Proclamation, (who complied strictly with tthe terms of the Government notice of the .15th, June, 1846,) and whose claims have already been investigated,' or may hereafter Winvestigated, 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 fire hundred acres, (whether the land may be cultivated or not), whose claims have been, or may hereafter be favourably reported on by the Commissioner, on their paying Five Shillings ad 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 favour 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 deraandable), 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 Government will not undertake to extend this last rule to a distance from the town of Auckland exceeding 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 Shilliugs 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 offered 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 which have arisen in this colony, no such examination was \ reviously made by the Surveyor General, nor was the country mapped, or theboundaries of the claims definitely assigned, or their position in reference to each other defined. It will therefore not be ip the power of the government to give grants to any of "the claimants for those lands which may be indispensably required for public purposes, and in all grants which may be issued, the Government will reserve to itself the right of marking out and taking posession of the land required for present or future public roads through such grants, at any time within twelve months from the date of the grant, without making any compensation to the proprietors. In those cases, however, in which land 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 put to, shall be returned to them, and some compensation in the form of land in the Village or Town shall be made to them. 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 appear 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, that I h,ave adopted the arrangements I have detailed to the, Council, from a most sincere desire to terminate speedily andsatisfactoiily, the almost inextricable mass of difficulties which have arisen with" respect to these claims — and at the same time from a cordial wish to promote to the utrqost, the interests of the rea ly industrious settler, with whom I always warmly sympathise, ; I trust therefore, that the Council wilL lend. me. any aid in their power for the purpose of promoting the speedy completion of the proposed objects. G. Grey. Council Chamber, Auckland, August 7th, 1847. On the motion of the Attorney-General, the documents then read were ordered to be print«d. Noticei.of motion were given by the Attor-ney-General, for the third reading on Tuesday, of the Native Force Ordinance ; by the Colonial Secretary, for the third reading of the Gunpowder Ordinance ; and by Mr.Brown, for the Second reading of Savings Bank Bill. The Council adjourned to Tuesday, 10th, Angusf.

Tuesday, 10th, August, 1847. Preßeqt-<-the Governor, and five Members; absent — Mr. Domett. I

Mr. Merriman, who has been appointed to the seat vacated by Mr. Donnelly, took his place in the Council, having previously snbj scribed to the necessary oaths. On the motion of the Attorney General, the Native Force Ordinance was read a third time, and passed. On the motion of the Colonial Secretary, the Gunpowder Ordinance 'was read a third time, and passed. Mr. Brown rose to move the order of the day, for the second reading of the Savings Bank Bill, and said that he considered it unnecessary to offer any comments upon the great economical advantages afforded to communities by the establishment of Savings Batiks, nor to the benefits which the native population would derive from such institutions; the Council, he knew, were agreed upon these topics, and be would therefore content himself by moving that the Bill be read a second time. The Attorney-General entered into a brief explanation of the clause empowering trustees to discount bills. The Governor said, that as the principle of the measure was intended to encourage the native population in habits of frugality, and to assist the struggling settler, he would have no objection to go with tbe honourable Member, Mr. Brown, in affording interest to depositors out of the public funds, in the event of the profits arising from the Bank itself being inadequate. The Council then went into Committee, and clauses from 1 to 18 were considered. Several were allowed to stand as printed, and others were materially improved by amendments severally proposed by the Governor, the Colonial Treasurer, Mr. Brown, and Mr. Merriman. Further consideration of the Bill in Committee was postponed till Thursday.

Spirits Bill. The Attorney-General brought up the report of this Bill, and after a few remaiks by Mr. Brown, Mr. Merriman, and the Governor, the Attorney-General then gave notice of the third reading of the Bill, next Thursday.

Slaughter-house Bill. The Colonial Secretary gave notice of the second reading of this Bill, on Thursday next. The Governor laid on the table a Bill to regulate Marriages in New Zealand. Council adjourned at 4 o'clock, till Thursday next, at 2 p.m.