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New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 674, 17 January 1852, Page 3

(From the Government Gazette, January 13.) (Copy.) Downing Stree', August 8, 1851. Sir, —With reference to a series of despatches, which I addressed to you on the 19th March last, on the subject of the management i f the affairs of the New Zealand Corn; any’s Settlements, I now transmit to you six copies of an Act for the regulation of the affairs of those Settlements, which has just received her Majesty’s assent. 2. This Act has by no means determined all the questions which may arise with respect io those Settlements, in to satisfactory a manner as 1 could have wished. But inasmuch as the terms of Purchase were held by the Law Advisers of the Crown to be binding on Her Majesty as contracts of the New Zealand Company, Her Majesty’s Government did not consider it to be competent to them to get rid, as fully as might, perhaps, have been desirable for all parties, of the impediments io uniformity of management cf the Crown Lauds of the Colony which those contracts create, without the assent of the oiher jarties to the contract, namely, the Land Purchasers, winch at this distance it was impossible to secure. 3. The Act, however, leaves it in the power of Iler Majesty's Government to make terms and regulations for the management of the lauds comprised within the settlements of Wellington, New Plymouth, and Nelson ; but not so as to alter the price at which they may be (.fibred to purchasers. This must remain fixed by the terms now in force in each settlement respectively. 4. Considering the great amount of land in and near the settlements, which is now in private hands and can consequently be disposed of at any price, I cannot but feel that there is Lille or uo prospect cf completing the settlements on the original terms. And if the settlers are of the same opinion, and are willing to have the price so reduced, I cannot don' t that an unanimous or general expression of this sentiment on their behalf, will be sufficient to enable Her Majesty’s Government to (btaiii Lum Pariiamen on another occasion a relaxation of this still existing restriction. 5. lu other respects the modification of the existiiterms will be io your power : and vnu are au-hmiz.-d by Her Majesty to make (by V U'self or through the inter vention of the Lieutenant-Gove:not) a y such modifications in vuur discretion, subject to the ultimate approvu: of Her Majesty's Government. But ibis is a power which you are not to exercise i.xctpt with the geneia! assent, ascertained in such manner as you may tl.i. k most advisal le, ol the seitleis themselves. You will remember that they established themselves in the settlements under the inducements afforded them by the terms in question ; and that although from the <i fficulty of giving them in their unincorporated state any powers by Act of Parliament, it has been found more convenient to take those powers for Her Majesty’s Government aLne, it is not the less necessary that their interests should not only be fully considered, but their opinions also consulted and acted on. And if any scheme can be devised by which the management of the internal affairs ol the settlements and distribution of the funds can be placed in their own hands, 1 shall have great salislactiun in entertaining it. G. Power is also given you to determine the local boundaiies of tiie settlements : a power which in my ouinion you already possessed, and as to the exercise of which I i ave addressed you before, but which it was desirable to confirm by Act of Parliament. 7. You are also authoiised to close and determine the affairs of the settlements. This is a power only to be exercised in concurrence with the settlers themselves. II they shall in any settlement determine in such a manner as to leave no doubt of the general sentiments prevailing among them, that the original scheme as devised by the New Zealand Company ought no farther to be carried into execution, but that the setilemc-ut should cease and become included under one common ariministration, with the other Crown Lands of the Colony, you a>e empowered to accede to their wishes. But this is a power on no account to be exercised except with their lull concur-

rence, nor without prior consultation with the Secretary of State. 8. The remaining clauses of the Act relate to the management of the Nelson Trust Fund. The circumstances under which that Fund arose are described in the recitals, and you will observe that its amount is as yet unascertained. It is to be administered by a Board of Trustees. But it was not thought advisable, in the absence of particular local knowledge, to insert in the Act particular provisions of the nature of those described in Sec. 5, as to the conduct of the Trust. Power to enact these necessary provisions is left instead to the Local Legislature ; and it will be necessary they should be speedily exercised : but for this purpose you or the Lieutenant-Governor will consult with the nominated Trustees themselves, to whom it will be necessary that a copy of the Act should be transmitted, and their attention immediately invited to its provisions. 9. Unless it is the strong wish of the Trustees themselves, or the Nelson Settlers generally, that any control or supervision over the accounts, or over tbe appropriation of the Trust Fund should be reserved to the Local Government, it is certainly not advisable that any provision giving it such control should be inserted in these laws. The Local Government should be ready to render the Trustees any assistance (not involving expense to the community) which is really desired by them : but it is far better that the responsibility for the management of this fund should be towards the Land Purchasers themselves, who are the parties interested. You will observe that the power to make laws for this purpose is given to the General Legislature, but with power to delegate it to that of the Province. In the uncertainty which prevails and must for the present prevail, as to the ultimate form and powers of the Provincial Legislatures, I have thought that this provision will best meet all the circumstances of the case.

10. On the subject of the expense of administering these settlements, I have nothing to add to the discretion given in my despatch of March 19th, circumstances remaining the same. So long as the receipt of Land Revenue in these settlements continues to be quite insignificant, I hope that the special expense which they may occasion is also very trifling, while if any circumstances should revive the demand, the Land Fund, especially with the power which you will now possess to vary the terms, and appropriate larger sums to management (if more management is required) will meet the exigencies of the case.

11. Section 10 of the Act is intended to meet a difficulty which is thought to have arisen, and to which I referred in tbe concluding paragraph of my despatch No. 47 of 31st May last; as to the decision on conflicting claims on the New Zealand Company’s Land Orders, through tbe Company’s notice of surrender : and its provision, which is of a strictly legal character, will be easily apprehended by your law advisers. 12. By the printed correspondence which accompanies this despatch, you will learn that the Act as now passed contains only part of the provisions originally intended. Those which have been omitted formed a plan for changing the present liability of the Land Fund for £268,370 to tbe New Zealand Company into a liability to the extent of £200,000 only, but charged in the form of debentures both on the general and land revenue of the colony ; with powers to holders of those debentures to commute them for remission orders available at sales of the demesne lands.

13. This was an arrangement which I considered could only be properly adopted with the general concurrence of all parties whose interest it would have affected, so far as this could be ascertained without the great delay of communicating with yourself. When, therefore, it became apparent that it would meet with the opposition of some of these parlies, I had no doubt that it ought at once to be abandoned.

14. I am still however of opinion that the arrangement is one which it would be for the interests of the colony to effect. The continuance of the claims of the New Zealand Company upon the whole proceeds of the land revenue, except that proportion of them which may be expended on emigration and surveys, will create so much difficulty in the management of the Crown Lands and in the extinction of Native Titles, and will thus prove so serious an obstacle to the progress of the Colony, that I think it would be well got rid of by the exchange of this claim for debentures on the terms proposed. 15. For although the annual charge on the resources of the colony for the interest on the £200,000 would, no doubt, be a serious incumbrance, it is to be remarked on the other hand that the whole capital of tbe Company has been sunk in forming these settlements; in addition to which, large sums advanced to it by Parliament have been applied to the same object, as well as annual grants io a large amount which have afforded means for

carrying on the important public works which have contributed so much to the prosperity and peace of the colony, without interfering with other objects. 16. Considering the extent of the advantages thus conferred upon the Settlers, it does not seem that the annual charge which it was then proposed by way of commutation to transfer to the General Revenue, would have been one for which the settlers would have bad to complain that they had not received an ample return. Nor would the debt, in the form in which it was thus proposed to establish it, have proved any more serious obstacle to the progress of New Zealand than a debt incurred under somewhat similar circumstances, and which has already been in a great measure liquidated, did to that of South Australia.

17. The subject must, however, now be left for tbe consideration of the Local Legisatures, with which I have no doubt that Parliament will be ready to co-operate for such a purpose. I have transmitted the Act with a copy of this despatch direct to Lieutenant-Governor Eyre : but have informed him that he is to take no step in order to carry it into execution without previous consultation with yourself, or authority from you. I have &c. (Signed,) Grey. Governor Sir George Grey, K.C.8., &c., &c., &C. ANNO DECIMO QUARTO AND DECIMO QUINTO. VICTORIAS REGINA. “An Act to regulate the affairs of certain settlements established by the New Zealand Company in New Zealand.” [7th August, 1851.]

Whereas certain terms of Purchase and Pasturage of Landin the settlements of Wellington, New Plymouth, Nelson, and Otago, in New Zealand, had been issued by the New Zealand Company, before the fourth day’ of July, One thousand eight hundred and fifty, and the said terms, or part of them, were in force on that day as contracts between the New Zealand Company and the settlers of the said settlements of Wellington, New Plymouth, and Nelson, and the Association of Lay members of the Free Church of Scotland, commonly called the Otago Association, respectively: And Whereas, by an Act of the Tenth and Eleventh of Victoria, intituled “An Act to promote colonization in New Zealand, and to authorize a Loan to the New Zealand Company,” it was enacted that if the Directors of the New Zealand Company should give notice to one of her Majesty’s Principal Secretaries of State, within three calendar months next after the fifth day of April, One thousand eight hundred and fifty, by any Instrument under the seal of the Company, that they were ready to surrender the Charters of the said Company to her Majesty, and all claim and title to the lands granted or awarded to them in the said colony, alb the powers and privileges of the said Company, except such as should be necessary for enabling the Directors to receive the several sums of money thereinafter mentioned, and to distribute the same among the Shareholders and other persons entitled thereunto, and for enabling the Directors to adjust and close the afairs ofthe Company, should cease and determine, and all the lands, tenements, and hereditaments of tha said Company in the said colony should thereupon revert to and become vested in her Majesty as part of the demesne lands of the Crown in New Zealand, subject nevertheless, amongst other things, to any contracts which should then be subsisting in regard to any ot the said lands: And whereas, such notice aforesaid was duly delivered by the Directors of the said Company on the fourth day of July, one thousand eight hundred and fifty ; and thereupon, under the provisions of the last recited Act, all the lands, tenements, and hereditaments of the said Company in the said colony reverted to, and became vested in her Majesty as part of the demesne lands of the Crown in New Zealand, subject nevertheless as by the said Act is provided : And whereas it is expedient that provision should be made for enabling her Majesty to amend and alter the provisions contained in such terms of purchase and pasturage as aforesaid. May it therefore please your Majesty that it may be enacted, and be it enacted by the Queen’s most excellent Majesty, by and with the consent of the Lords spiritual and temporal, and Commons in this present Parliament assembled, and by the authority of the same.

('Power to her Majesty to make Regulations for the management of the affairs of the settlements of Wellington, New Plymouth, and Nelson, in New Zealand.} 1. That it shall be lawful for her Majesty, any thing in the said Act contained notwithstanding, by Instructions under her Signet and Sign Manual, or through one of her Principal Secretaries of State, from time to time to make, or to authorize the Governor of New Zealand or the Lieutenant-Governor of any Province in which any of the said settlements is or shall be situate to make terms and regulations for the sale or other disposal of the demense lands of the Crown within the said settlements of Wellington, New Plymouth, and Nelson, provided always, that the price at which the said lands within the said settlements are now authorized to be sold under such terms shall not be altered thereby, and for the disposal of the monies which may be derived from such sale or other disposal of the said lands for the benefit of the inhabitants of the said settlements, respectively, and for the closing and determination ot the affairs of the said settlements, and to empower such Governor or Lieutenant-Governor to ascertain the boundaries of the said settlements of Wellington, New Plymouth, and Nelson respectively.

('Fund held on behalf of the New Zealand Company for the public purposes of the settlement of Nelson to be vested in the Commissioners ofthe Treasury.)

2. And whereas the New Zealand Company have issued from time to time certain published terms or conditions for tbe disposal of land in the settlement of Nelson, in New Zealand, by which it was, among other things, provided that the land of the said settlement should be sold for certain prices, and that the fund to be derived from such sale should be appropriated in certain proportions to the purposes of emigration and the supply of labour, of founding and maintaining the settlement, of religious and educational uses, and of steam navigation, and other public objects: And whereas many persons have purchased land under the said terms or conditions in the settlement of Nelson, and Funds may have accumulated from the monies invested in such purchases, which have not as yet been applied to the purposes aforesaid: A n< l whereas the New Zealand Company did, by its Agents and Officers, superintend and manage these funds until the fourth day of July, in the year one thousand eight hundred and fifty: And whereas, in consequence of such notice as is hereinbefore mentioned to have been given by the Directors of the said Company on the day last aforesaid, the lands of the said Company in New Zealand leverted to the Crown as aforesaid upon the condition (amongst others) as expressed in the said recited Act of the Eleventh of Victoria, of satisfying any liabilities to which the said Company might then be liable under their existing engagements with reference to the settlement at Nelson . And whereas, before the day last aforesaid, a certain sum of twenty- five thousand pounds had beeninvested bythe saidCompanyin the names of Henry Aglionby Aglionby, Esquire, of the Middle Temple, Alexander Currie, Esquire, of Saint John’s Wood, James Robert Gowen, Esquire, of No. 187, Piccadilly, George Lyall, Junior, Esquire, of Winchester House, and Jeremiah Pilcher, Esquire, of Morgan’s Lane, to be held by them in trust for the said Company in the Three per cent. Consolidated Bank Annuities, in order to satisfy the amount applicable by the said Company under the said terms to the purposes in question; but the total amount so applicable had not been ascertained, and was then and still is in dispute between tbe said Company and the said purchasers of land at Nelson : And whereas it is expedient that provision should be made to enable her Majesty to ascertain the amount of the sum so applicable, and to entrust the administration of the Fund, when so ascertained, to certain persons who have been nominated for that purpose by or on behalf of the said Company and the said purchasers of land at Nelson. Be it enacted, that it shall be lawful for the Commissioners of her Majesty’s Treasury, and they are hereby directed to ascertain the sum (if any) which remained due and applicable by the New Zealand Company, and which the said Company were bound to apply to the purposes above mentioned, on the fourth day of July, in the year one thousand eight hundred and fifty aforesaid, and that the said sum of twenty-five thousand pounds, with the Interest which shall have accrued on the same, shall be vested in the Commissioners of the Treasury as a fund for the public purposes of the settlement of Nelson; and that tbe said Henry Aglionby Aglionby’ Alexander Currie, James Robert George Lyall, and Jeremiah Pilcher shall, and they are hereby authorized to transfer the said sum and Interest into the names of the Commissioners of the Treasury, or such person or persons as the said Commissioners shall nominate for that purpose, and that the same shall be disposed of by the said Commissioners in the manner hereinafter provided; and that if the amount which may be found by the Commissioners of the Treasury to be due and applicable to the said purposes shall exceed the said sum of twenty-five thousand pounds, with in* terest as aforesaid, the surplus necessary to complete such amount shall remain a Liability attaching on her Majesty, with reference to the settlement of Nelson, in manner as in the said Act of the Tenth and Eleventh of Victoria is expressed; but that if the amount so due and applicable shall be found to fall short of the said sum of twenty-five thousand pounds, with interest as aforesaid, then the balance shall remain in the hands of the Commissioners of the Treasury for the purpose of discharging other liabilities of the New Zealand Company which her Majesty may have become bound to satisfy under the last mentioned Act.

Board of Trustees at Nelson appointed to administer the said Fund. 3. That a Board of seven Trustees shall be, and the same is hereby appointed, for the administration ofthe said Fund, including such surplus (if any) as aforesaid, three of whom shall form at any time a quorum for the despatch > f business; and that it shall be lawful for the Commissioners of the Treasury, in such manner as they shall appoint, to pay over, or cause to be paiu over, the said sum of twenty-five thousand pounds, with such interest as aforesaid or so much thereof as may be found due'and’appHC n- i. as a ‘ oresa *d» and any additional sums which may be found due and applicable as aforesaid, to the said Trustees; and that when such sum or sums shall have been so paid over as aforesaid all further liability of her Majesty or of the New Zealand Company in respect of such fund and of the amount applicable as aforesaid by the Company shall cease. Powers of the Trustees to dispose of the Funds for public purposes. 4. That the said Trustees shall have power to dispose of the said Fund for the benefit of the settlement of Nelson to the purposes of emigration and the supply of labour, of religious and educational uses, of Steam Navigation, and of w I cons . truction and maintenance of public Works, m such proportions, as to each of the said purposes, as to them shall seem expedient. Mode of conducting Business by the said Trustees.

5. That the first meeting of the said Trustees shalt be fixed at a time and place to be appointed by Proclamation by the Governor of New

Zealand, or by the Lieutenant Governor of tK Province in which Nelson is or shall be s : t being authorised thereto by the said Govern*’’ and that such Trustees may from time to pass resolutions for appointing the time j place of holding further meetings for the d patch of business, and for making rules and gulations for the conduct of such busing' and for other necessary purposes toward’ enabling them to dispose of and distribute th said Fund according to the purposes of t] ■ Act: Provided always, that the Legislature f New Zealand shall have power to alter sub regulations, by Laws to be made from time t time, subject to the conditions by Law required in respect of the Acts and Ordinances of sink Legislature. ' ,ll Names of the first Trustees. 6. That Doctor David Monro, Sam,, i Stephens, William Oldfield Cautley, FrZ; Dillon Bell, Francis Jollie, Alfred Fell an( ? John Waring Saxton, Esquires, being the per sons already nominated for this purpose by n' on behalf of the land purchasers of Nelson La the New Zealand Company, shall be and the same are hereby appointed the first Trusteesfor the administration of the said Fund. Duration of their Office. 7. That the said Trustees shall remain in Office (subject to the provisions hereinafter contained as to the filling up of Vacancies) until the first day of January One thousand eiobi hundred and fifty-five. ° Provisions for filling up Vacancies, estab. lishing an Audit, and continuing the Trust. 8. That it shall be lawful for the Legislature of N ew Zealand, by Laws to be made from tine to time, subject as to such conditions as aforesaid, to provide for the filling up of Vacancies which may have occurred or may occur by tbe death or resignation of either of the Trustees named in this Act, by election to be made by the owners, or owners and occupiers, of land in the settlement of Nelson, with such qualification or restriction as may in such Laws be specified, and to provide in like manner for the annual election of two or more Auditors to audit the accounts of the said Trustees, and for the due publication from time to time of such accounts, and for tbe discharge of the Trustees from any personal liability in respect of the said Funds; and in case the said Funds shall not have been wholly disposed of before the first day of January in the year One thousand eight hundred and fifty-five, to provide in like manner for the election of seven new Trustees, to continue in office for three years, subject to the like power as hereinbefore contained as to tbe filling up of Vacancies, and so on from time to time until the said Fund shall be wholly expended for the purposes above mentioned.

Authority to Legislature of the Province in which Nelson is situated to exercise any of the Powers hereby granted to it. 9. That it shall be lawful for the Legislature of New Zealand, by enactment, subject to such conditions as aforesaid, to authorize the Legislature. of the Province in which Nelson is or way be situate to exercise all or any ofthe powen by this Act granted to the said Legislature of New Zealand in reference to the said Fund. As to cases falling within Section 51 of 9 and 10 Viet. c. ccclxxxii. Grants of the Crowi to be of the like Force as Conveyances iy the New Zealand Company. 10. That henceforth in all cases falling with’n the provisions ofthe fifty-first Section of an Ad of the Ninth and Tenth of Victoria, intituled “An Act to grant certain Powers to the New Zealand. Company” a grant or Conveyance by Her Majesty, Her Successors or Assigns, shall have the like force and effect in all respects ai a Conveyance by the New Zealand Company has or would have had by virtue of the same Act in case no such Notice as aforesaid had been given and the said Company had continued in the full exercise of their functions; and tbe powers by the same Act in reference to those cases conferred on a Nominee or Nomineesof the said Company, approved of as therein mentioned, shall henceforth be exercisable by such person or persons as the Governor or Lieuten-ant-Governor for the time being of New Zealand may from, time to time appoint; and that all Acts done in pursuance of any such several powers by the party or parties for the time being entrusted with the execution thereof shall be binding on Her Majesty, Her Successers and Assigns. Saving of the rights of the New Zealand Company under 10 and 11 Viet. c. 112. 11. Provided always, That nothing herein contained snail be construed to affect or interfere with the rights of the New Zealand Company in respect of two hundred and sixty-eight thousand three hundred and seventy Pounds fifteen Shillings, and Interest, which by the said Act of the Tenth and Eleventh of Victoria are charged upon and to be paid to the said Company out of the proceeds of all future Sales of the demesne lands ofthe Crown in Ne#Ze»land, after such deductions as in the sat’d Act specified, or any rights which the said Compal may now possess in regard to the proceedsfro® the disposal of land in either of the said settlements. Interpretation of Terms. ~ I*l' V l6 wor ds Governor of Ne* Zealand and “Lieutenant-Governor’’ in this Act shall be deemed respectively to mean th® persons for the time administering the genew Government of the Islands of New Zealand o' the Government of any Province thereof.