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10 Shillings per Acre Proclamation 1844 [1844] NZMaoriLLegMan 1 (26 March 1844)

Last Updated: 29 September 2020

Citation: Proclamation of 26 March, 1844 Date of Assent: 26 March, 1844

Commencement: Date of Proclamation

Repeal: Superseded by 1846, No 19

Amendments: Proclamation 1 October, 1844: See separate record. Proclamation 10 October, 1844: See separate record.
Type of Legislation: Public

Subject: Alienation of Maori Land

Relevant Sections: s1: Application to waive pre-emption must define the land involved.

s3: Crown will not waive pre-emption of pa etc. or land required for present use by inhabitants even if they wish to sell.

s5: One-tenth of purchased land to be conveyed to Crown for public purposes, especially for the future benefit of Maori.

• s8: Fees of 10 shillings per acre to be paid to Crown.
• s9: Deeds to be notified in the Gazette.

Commentary: Allows for Maori land to be sold privately provided application is made to the Crown for pre-emption to be waived. Any title which was not confirmed by a Crown Grant was not to be recognised. At the time Fitzroy's administration was insufficiently funded to continue to be the sole land purchaser and the Governor was under pressure from settlers to obtain more land. Some Maori had protested that Crown pre-emption meant they were unable to sell land that the Crown did not want, and that the Crown was making a profit from selling the land to the settlers. A meeting was held between Fitzroy and Maori Chiefs to discuss pre-emption.

The charge of 10 shillings proved to be too expensive and Fitzroy was forced to reduce it as there were not as many sales as he had hoped. The later October 1844 Proclamations show the problems that followed from this Proclamation.

Transactions under a waiver of Crown pre-emption were declared to be void by Grey in 1846 (Land Claims Compensation Ordinance) after R. v Symonds.

Cross Reference: BPP NZ4: 1845 (131) 43 - 44 (378) 8 - 9

AJHR (1891) Sess II G - la pp.4 - 6

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

Adams P Fatal Necessity (AUP, Auckland, 1977) 202 - 204

Waitangi Tribunal The Ngai Tahu Report Wai 27 (Brooker & Friend, Wellington, 1991) 297-299.