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Land Claims Ordinance 1841 [1841] NZMaoriLLegMan 1 (9 June 1841)

Last Updated: 29 September 2020

Citation: Sess I, 4 V. No 2

Date of Assent: 9 June, 1841

Commencement: Date of Assent

Repeal: Repealed so far as repugnant to 1856, No 32

Amendments: 1844, No 3: allows claims to be dealt with by a single commissioner.

Type of Legislation: Public

Subject: Validation

Status of Land

Alienation of Maori Land

Relevant Sections: s2: All titles to land in New Zealand void except allowed by Her Majesty. All "unappropriated lands" declared to be Crown Land, subject however to the "rightful and necessary occupation and use thereof by the aboriginal inhabitants".

ss3 - 12: Refer to rights and duties of the Commissioners and administration of claims to grants of land.

Commentary: This Ordinance repeals the New Zealand Land Commission Act 1840 enacted by NSW Legislative Council during the brief period that NZ was a dependency of NSW. It enabled the Governor to appoint commissioners to examine and report on land claims (Old Land Claims) in New Zealand relating to purchases that had not been sanctioned by the Crown. All claims except those allowed by the Crown were declared null and void. The Crown pre-emption right contained in the ToW was not referred to as such in the legislation.

Cross Reference: BPP NZ3: 1842 (569) 117, 122 - 125

AJHR (1891) Sess II G la p.3

(Mackay's Unfinished Report Relating to Native Land Laws)

AJHR (1948) G - 8 pp.23 - 25, 43 - 47, 67 - 70

(Report of Royal Commission on Surplus Lands)

Sweetman E The Unsigned New Zealand Treaty (Arrow Printery, Melbourne, 1939)

Rutherford _.J Sir George Grey (Cassell, London, 1961) 128 - 130

Reported Court Case:

The Queen v. Clarke (1849 - 51) N.Z.P.C.C. 516.