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New Zealand Māori Land Legislation Manual

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Australian Colonies Waste lands Act 1842 [1842] NZMaoriLLegMan 1 (22 June 1842)

Last Updated: 29 September 2020

Australian Colonies Waste Lands Act 1842

Citation: 5 & 6 Vict. cap. 36
Date of Assent: 22 June, 1842
Commencement: Date of Assent

Repeal: Repealed 9 & 10 Vict. cap.104

Amendments: –

Type of Legislation: Imperial

Subject: Waste Lands

Relevant Sections: s1: Waste lands of the Crown shall be disposed of in the prescribed manner and not otherwise.

s22: "Australian colonies" applies to five named colonies including New Zealand.

Commentary: This Act was cited in The Queen v Symonds (1847) by the Supreme Court judges as a "fatal defect" to the claims of those who relied upon pre-emption waiver certificates issued when Fitzroy was Governor in seeking Crown Grants to land privately purchased from Maori from 1844 - 1846.

Cross Reference: Williams D "The Queen v Symonds Reconsidered” (1989) 19 VUWLR 385, 395.


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