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Contributions to the Early History of New Zealand

Appendix E

page 277

Appendix E.

Note. —Alterations, additions, or omissions from the original "Arrangements" of September, 1845, and which are made in those of August, 1849, are bracketed and in italics.

Arrangements for the Establishment of a Settlement and for the Disposal of theLands of the New Zealand Company at Otago. (September, 1845.)

[Terms of Purchase of Land and Pasturage in the Settlement of Otago.] (August, 1849.)

[1. All arrangements with regard to the Settlement, formerly intended, of New Edinburgh, to be considered as at an end.] Omitted.

2.The Association of Lay Members of the Free Church of Scotland, as reported by the General Assembly of May, 1845, [with the addition of such other Members as have been, or hereafter may be from time to time appointed by the Association] to be recognised as the party to promote the Settlement now contemplated [now in progress.]

3.The Lands to be sold under the following arrangements to persons brought forward or approved by the Association; and the Association (including those parties) to carry out the enterprise on their own principles, and, so far as possible, in their own name, looking only to the Company for such assistance and acts of trusteeship [of management] in the matter of Surveys, Emigration, and general process of founding the Settlement, as may be requisite.

Amendments which experience may from time to time show to be desirable, to be made by the Company and the Association, concurrently, in those parts of the following arrangements in which they are not already provided for.

4.The Site of the Settlement [to continue] to be at Otago, in the Middle Island of New Zealand, on the land purchased from the natives by Colonel Wakefield, under the sanction of the Local Government, in July, 1844, [granted to the Company by a Deed under the seal of the Territory, bearing date the 13th day of April, 1846, and already decided on, surveyed, and laid out.]

5.The Settlement to comprise one hundred and forty-four thousand six hundred acres of land, divided into two thousand, four hundred Properties; and each Property to consist of sixty acres and a quarter, divided into three Allotments; namely, a Town Allotment of a quarter of an acre, a Suburban Allotment of ten acres, and a Rural Allotment of fifty acres, [be the measurements more or less. But each Class of Land to be sold separately if so desired by the Purchaser; and in case of such separate sale the Rural Allotment to be reduced, if so desired, to twenty-five acres.]

6.The 2,400 Properties, [or 144,600 acres] to be appropriated as follows, namely:—
2,000Properties, or 120,500 acres, for Sale to private individuals;
100Properties, or 6,025 acres, for the Estate to be purchased by the Local Municipal Government;
100Properties, or 6,025 acres, for the Estate to be purchased by the Trustees for Religious and Educational Uses; and,
200Properties, or 12,050 acres, for the Estate to be purchased by the New Zealand Company.
page 278
7.The Price of the land [for sale in the United Kingdom] to be fixed in the first instance [for the present] at forty shillings an acre or 120l 10s. a Property [if the Property be purchased as defined in Paragraph 5. But if purchased separately, the Price of each Class of Land to be as follows, viz.:—Town Land, £12 10s. per Allotment of a Quarter-Acre; Suburban Land, £30 per Allotment of Ten Acres; and Rural Land, £50 per Allotment of Twenty-five Acres. The said Prices] to be charged on the Estates of the Municipal Government, of the Trustees for Religious and Educational Uses, and of the New Zealand Company, in the same manner as on the 2,000 Properties intended for sale to private individuals; and the purchase money, £289,200, to be appropriated as follows, namely:—
Emigration [and Supply of Labour](three-eighths) [7s. 6 d. in £, or 37½ per cent]£108,450
Civil Uses, to be administered by the Company, viz.:—Surveys and other expenses of founding [and maintaining] the Settlement, Roads, Bridges, and other improvements, including Steam if hereafter deemed expedient and if the requisite funds be found available (two-eighths) [5s. in £, or 25 per cent.]72,300
Religious and Educational Uses, to be administered by Trustees (one-eighth) [2s. 6d. in £, or 12½ per cent.]36,150
The New Zealand Company, on account of its capital and risk (two-eighths) [5s. in £, or 25 per cent.]72,300

It is to be observed that from the sum of £36,150 to be assigned to the Trustees of Religious and Educational Uses, will be defrayed £12,050, the price of the [100 Properties or] 6,025 acres to be purchased as the Estate of that Trust.

In like manner, out of the sum of £72,300 to be assigned to the New Zealand Company, will be defrayed £24,100, the price of the [200 Properties or] 12,050 acres to be purchased by the Company as its Estate.

But the [100 Properties or] 6,025 acres, constituting the Estate to be purchased by the Local Municipal Government, must be separately paid for by that Government; and until payment therefore of the price, £12,050, together with Colonial interest thereon, the land will be held by the Administrators of the Fund for Civil Uses, with power to dispose of the same, if such payment be not made within one year after the completion of the sales of the remainder of the two thousand four hundred Properties.

8.The Company to reserve to itself the power of increasing the price above mentioned [after the first Ballot, and. Omitted] from time to time, as may be arranged after consultation with the Association.

9.In consideration of the consent given by the Directors [Company] to contribute to the Emigration and other Special Funds, in the same proportions as private purchasers, on account of the two hundred Properties to be reserved as the Company's Estate, in lieu of those Properties being free of charge or deduction, as was originally intended; and in consideration of the expenses to which the Company is subjected in its general superintendence of the interests of the several Settlements, and which ought to be borne in due proportions by the several Settlements, respectively; the Company to be entitled to charge [Commission. Omitted], at the rate of five per cent. on the gross proceeds [amount] of the 2400 Properties [Funds] appropriated to Emigration and to Civil Uses; and such charge to be debited to those Funds, respectively.

page 279

10.Tracts of Land, containing Coals, or other valuable Minerals, not to be included in the Allotments for sale or appropriation; but to be reserved by the Company, with a view to ensure to the community the advantage of such Minerals, without compromising the interests of the Company, or unduly interfering with private enterprise.

[10. The purchase of the surface, under the present arrangements, to include in every case Coal and all other Minerals whatever, granted to the Company by the Crown and lying underneath the Allotment purchased; but the Company to have power to exclude lands containing, in considerable quantities, Coal or other Minerals, from the Allotments intended for sale or appropriation, and to reserve them for the purpose of being disposed of in the manner undermentioned.

Lands so reserved and containing Coal to be disposed of, by Lease or otherwise, in such way as may from time to time be agreed on between the Company and the Association, with a view both to prevent the Coal-field from falling into the hands of private individuals, so as to form a monopoly injurious to the public interests, and to ensure to the Community a due supply of Fuel at the cheapest possible rate.

Lands reserved as above and containing other Minerals to be disposed of in such way as the Company, after consultation with the Association, may from time to time consider most expedient. Substituted.]

11.Reservations to be made, so far as may be practicable, of the Sites of Villages and Towns, with Suburban Allotments adjacent, in the several Parishes and Hundreds, to be laid out in accordance with the Government Regulations on this head.

12.In laying out the Chief Town [of the Settlement named "Dunedin"], due provision to be made for Public Purposes, as Fortifications, Public Buildings, Sites for Places of Public Worship and Instruction, Baths, Wharfs, Quays, Cemeteries, Squares, a Park, and other places for health and recreation; for all which, instructions have already been given to the Company's Principal Agent.

13.The first party of Colonists, including free passengers, to be of sufficient numbers to entitle them to an Act of Municipality; but to be despatched by one or more embarkations, and to be based upon the sale to private individuals, of not fewer than four hundred Properties, or one-fifth of the whole scheme.

[13. Successive Parties of Colonists to be dispatched from time to time, as the Company and Association may deem expedient, whatever the quantity of land sold; due regard being always had to the wishes and convenience of Purchasers and to the proportion between Capital and Labour; but Purchasers to be at liberty to proceed to the Settlement at such times as they may individually prefer, without waiting for the parties in question.]

14.Two years from the date of the first embarkation to be allowed for the despatch of the second fifth, and one year for the despatch of each successive fifth afterwards. The term of five years, therefore, to be thus allowed to the Association for completing the sales in the proportions above mentioned; but on their failing in any of these proportions, the Company to have the option of disposing of the whole of the remaining lands to other parties.

But in the event of the whole 2,000 Properties being sold to private individuals within the said period, the Association to have further the refusal, on such terms as shall then be agreed upon, of the entire remainder of the Block of 400,000 acres, or such portion of the same as the Company shall have retained, in addition to the quantity first comprised in the Settlement.

[14. Five years from the 23rd of November, 1847, the date of the page 280embarkation of the First Party, to be allowed to the Association for effecting the sale of the 2,000 Properties, or 120,500 acres to private individuals, but on their failing to complete such sale within the time stated, the Company to have the option of disposing of the whole of the remaining lands to other persons. In the event, however, of the whole 2,000 Properties being sold to private individuals within the said period, the Association to have further the refusal as shall then be agreed upon, of the entire remainder of the Block of 400,000 acres, or such portion of the same as the Company shall not have returned to the Crown under the terms of Mr. Hope's letter of 7th August, 1845.]

15.A deposit of £12 10s. on each Property to be paid to the British Linen Company in Edinburgh, in Scotland, or to Messrs. Smith, Payne, and Smiths, Bankers, in London, on the New Zealand Company's Account; and the Bankers' Receipt to be produced and filed, previous to any application being registered at the Company's House. Public notice to be given of the day on which the residue of the purchase-money will be required. In case of default in payment of such residue by the day appointed, the deposit to become thereupon forfeited to the Company, together with all claim of the applicant to the land applied for.

[15. The full sum stated in paragraph 7 as the full price of each entire Property, or each separate Allotment, desired to be purchased (accompanied by an authority from the Association for receiving such sum) to be paid to the Commercial Bank of Scotland, in Edinburgh, or to Messrs. Smith, Payne, and Smith, Bankers, in London, on the New Zealand Company's Account; and the Bankers' receipt to be transmitted to the New Zealand House, accompanied by a letter stating particulars of the entire Properties, or the separate Allotments, desired to be purchased, and at full length the name, surname, and residence of the person in whose favour the conveyance is required to be prepared.]

16.On payment of his purchase-money, each purchaser to receive, for each sum of £120 10s. so paid, three separate Land-Orders, namely, for the Town quarter-acre, the ten acres of Suburban Land, and the fifty acres of Rural Land, respectively. These lands to be severally selected, according to priority of choice, to be determined by Ballot, as hereinafter mentioned.

17.Three several Ballots for priority of choice of the Town Allotments, the Suburban Allotments, and the Rural Allotments, in manner to be arranged by the Court of Directors, to take place at the Company's House in London, in the presence of the Directors, and of such purchasers or their agents as may attend after public notice given.

The priority of choice, with regard to the Estates of the Local Municipal Government, the Trustees for Religious and Educational Uses, and the New Zealand Company, to be determined by Ballot in the same manner, and at the same time, as for the Properties sold to private individuals.

18.An arrangement to be made in the first Ballot, so that any party purchasing two or more properties may, with respect to Rural Allotments only, take them in contiguity; provided that notice in writing of his wish to that effect be given to the Company three clear days previous to the drawing; and provided that such right of choice shall not extend to land on both sides of any river or main road.

Every practicable facility to be given for the like purpose in succeeding Ballots.

19.The choice of Allotments, according to the right of priority determined as above mentioned, to take place in the Settlement as soon page 281after the arrival of the first body of Colonists as shall be appointed, and under such regulations as shall be prescribed by the Company's Agent, or other Officer duly authorised in that behalf. Neglect or refusal to comply with such regulations in regard to any Allotment, to occasion a forfeiture of the purchaser's right of choice, and to vest it in the Company's Officer on behalf of such purchaser.

20.The first Ballot not to be held until at least four hundred Properties have been sold to private individuals, as before mentioned.

The parties to that Ballot to be allowed to select out of the whole of the Town and Suburban Allotments, but (if their number do not much exceed four hundred) out of only half the intended number of Rural Allotments.

Upon four hundred Properties being sold as above mentioned, the Municipality, the Trustees for Religious and Educational Uses, and the New Zealand Company, to be respectively entitled to select one-half of their whole Estates, and to be included accordingly in the Ballot; but to be required to pay for those Estates, rateably only according to the number of Properties actually sold to private individuals.

[16. For each Allotment purchased as above mentioned, the Purchaser to receive a Conveyance with as little delay as possible]

[17. Ballots for priority of choice to be discontinued, and each Allotment to be assigned to the person first making application for it at the appointed place in the Settlement, in accordance with the regulations which may be prescribed from time to time by the Company's Principal Agent in New Zealand or other officer duly authorised in that behalf.]

[18. Disputes and simultaneous applications for any particular Allotment to be determined either by Arbitration or by Lot, if the parties concur in desiring either of these modes of decision; and, in default of such concurrence, by the Company's Agent or other authorised officer. Such determination to be in every case conclusive and binding as against all parties interested. But if the Company's Agent or other officer decline to give any decision, the parties to be at liberty to have recourse to such remedy as they possess, at Law or in Equity.]

[19. Purchasers to be allowed to select out of the whole of the lands of each class which may be surveyed, laid out, and open to selection at the time, in the Settlement. The Municipality and the Trustees for Religious and Educational Uses to be entitled to select their respective Estates in the proportion of one Property or Allotment each, for every twenty Properties or Allotments sold to private individuals, and the New Zealand Company in the proportion of two Properties or Allotments for every twenty so sold.]

21.Fifty [seventy-five] Properties to be placed at the disposal of the Company's Agent, for sale in the Colony, at the following increased prices, each kind of Allotment being sold separately if so desired by the purchaser; namely,

Town Land £40 per Allotment;
Suburban Land £40 per Allotment; and
Rural Land £100 per Allotment.

22.Individuals desirous of proceeding to the Colony, in the intervals between the first and second Ballots, and approved by the Association, to be allowed to become purchasers at such increased prices as may be decided on after consultation with the Association, as provided for in Paragraph 8, above. [Omitted.]

23.The whole Proceeds of such increased prices [and also of Coals and other Minerals disposed of specially, under the provisions of Paragraph 10, and of the Sites of Villages and Towns with Suburban page 282Allotments adjacent, as provided for in Paragraph 11], to be in all cases appropriated (by eighths) in the same proportions and manner as the Proceeds of the first Ballot [as laid down in Paragraph 7.]

24.The Association (including the purchasers and Colonists whom they may bring forward) to prepare a Deed of Constitution for Church and Schools; to the Trustees appointed by this Deed, the Funds for Religious and Educational Uses to be handed over, as collected, on the completion of each party; all Officers connected with these Uses to be appointed by the said Trustees or Association; [whom they have brought forward or approved having prepared a Deed of Trust and relative Institutes, dated 6th November, 1847, as a Constitution for Church and Schools, the same to be held as part of the terms of purchase; to trustees appointed thereunder the Funds for Religious and Educational Uses to be handed over, as collected, on the completion of each party; the provisions of such Deed of Trust and relative Institutes to be duly observed in all respects;] and in this and in all other matters, the Association to have respect to the full exoneration of the Company from responsibility, at the earliest possible period.

25.The Emigration Fund to be applied as may be decided on from time to time, after consultation with the Association, and the selection of free [or assisted] passengers to be entirely confided to them, in accordance with the Government Regulations.

[Purchasers desirous of recommending Labourers to the Association, for Free or Assisted Passages, to give to the Association written notice of the desire to make such recommendation, with full particulars of the Labourers recommended, Six Weeks before the sailing of the Vessel in which the Labourers, if approved, are proposed to be sent. Two-thirds of the amount, or £30 on each entire Property purchased, to be applied to the provision of a supply of Labour in accordance with the Government Regulations; and the remainder (or £15 on each entire property) subject to the concurrence of the Company, to the passages of persons who, under those Regulations, are not strictly eligible; such as—the Parents of grownup Children;— Children under seven years of age, in excess of the authorised number;—and, to a limited extent, such Cabin Passengers, and others, as detailed in Paragraphs 24 to 27 below.]

26.The expenses of the Association to be met in the first instance by the Company, to the extent of five hundred pounds; [to such moderate extent as may be necessary;] it being understood that, with the exception of a paid Secretary [and travelling expenses if incurred] at the rate of one hundred and fifty pounds a year, the Members of the Association are to act gratuitously. Travelling and other necessary expenses to be covered by the sum stated, which, in the event of success, will be charged, together with the expenses already incurred under the former arrangements [prior to the 14th of May, 1847], to the Fund for founding [and maintaining] the Settlement.

27.Subject to the modifications mentioned in the foregoing Paragraphs, and to the exceptions of Officers and Funds relating to Religious and Educational Uses, the appointment of Officers, and the management and expenditure of the several Funds, to be vested altogether in the Company; but all reasonable attention to be paid by the Court of Directors to the recommendations of the Association.

28.In case of any difference arising between the Company and any purchaser, with respect to the construction of these presents, or the execution of any contract founded thereon, such difference to be decided by two Arbitrators, one to be named by each party, or by an Umpire to be named by the Arbitrators.

In the event, also, of any difference or question arising, either page 283between private parties, or between such parties and the Company or other Public Body, or between such Public Bodies only, and relating to Water connected with any land referred to in these presents, or to the possession or use of such Water, or to the Erection of Mills or Machinery to be moved thereby, or to any other right or privilege connected therewith, such difference or question to be decided in like manner, either by Arbitrators, or by an Umpire, the whole to be named respectively as above mentioned.

[29. The Register of Applications to be opened on such day as may hereafter be decided on. Omitted.]

[30. The Seventh Resolution adopted by the Association on the 16th of May last, expressing their confidence in Mr. Cargill, being in harmony with the sentiments of the Court, Mr. Cargill to be announced, as appointed the Company's Resident Agent for the Settlement. His salary to be the same as that of the late Captain Wakefield, the Resident Agent for Nelson; and, like his, to commence on embarkation. Omitted.]

[24. Chief Cabin Passengers, being Purchasers, to be entitled at any time within Twelve Months from the date of their respective purchases, to receive one-third of the Emigration Fund accruing thereon, (or £15 on each entire Property,) as an Allowance towards defraying the expense, actually and reasonably incurred, for the Passages to the Settlement of the said Purchasers and their Families, at the rates laid down by the New Zealand Company.]

[25. Fore Cabin and Steerage Passengers, being Purchasers with regard to whom the Otago Association may be satisfied that they intend to be Hirers of Labour in the Colony, to be allowed at any time within Twelve Months from the date of their respective purchases the same sum as Chief Cabin Passengers; if, to the satisfaction of the Association, not intending to be Hirers of Labour, but to be in fact Labourers themselves, the whole Emigration Fund accruing on their purchases (or £45 on each entire Property); —provided in every case that the Sum specified be actually and reasonably expended as stated in Paragraph 24 above.]

[26. Passages to be reserved for Purchasers and for Labourers recommended by them and approved by the Association, in the Ships chartered by the Company, provided that application for such Passages be made Six Weeks before the sailing of the ship in which the parties desire to proceed.]

[27. Purchasers proceeding direct to the Settlement from India or Ceylon, to be placed so far on the same footing as purchasers in the United Kingdom, as to have the same allowance for the passage of themselves and their fumilies; provided the amount be shown to the satisfaction of the Company's Principal Agent to have been actually and reasonably expended on such passage, at rates proportionate to those of the Company from England; and provided also the interval between the purchaser's arrival in the Settlement, and his purchase (whichever be prior in order of time) do not exceed Twelve Months.]

By order of the Court of Directors,
Thomas Cudbert Harington,
Secretary.

New Zealand House,
9, Broad Street Buildings, London. 12th June, 1849.

Then follow
TermsOfPasturageUntil Further Notice.

page 284

Crown Grant For Lands At Otago.

Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and so forth;

To all to whom these presents shall come, Greeting.

Whereas it hath been made to appear to us, that the New Zealand Company hath, by virtue of Our license and authority to it given, acquired from certain Aboriginal Natives in New Munster, entitled in that behalf, a full and valid cession of all the rights of such Aboriginal Natives to the lands hereinafter particularly described (subject to the reservations hereinafter made for the benefit of the said Aboriginal Natives):—Now know ye, that We of Our special grace, for Us, Our Heirs, and Successors, do hereby grant unto the said New Zealand Company, their Successors and Assigns, All that piece or parcel of land situate on the East coast of New Munster, and comprising the lands known as Otakou, Kaikarae, Taieri, Mataau, and Te Karoro, and which piece or parcel of land is bounded on the North by the sea coast from a point at Purehurehu, half a mile distant from the Western Head of the Harbour of Otakou to Otupa, and thence to the Poatiri; on the East, by the sea-shore from Poatiri aforesaid to Tokata; on the South and South-West, by the ridge of hills known as Taukohu to Pohuaroa; on the West, by a line running along the summit of the Kaihiku range; then by a right line drawn from the Northern extremity of the said line, along the summit of the Kaihiku range, known as Munga Atua; thence by a line running North North-Easterly along the summit of the said Munga Atua range to Wakari; thence by a line running along the summit of the hills, to the mountain known as Mihiwaka, and thence by a line along the summit of the hills till it joins the said Northern boundary at Purehurehu, and which piece or parcel of land is estimated to contain four hundred thousand acres, or thereabouts, and is, with the boundaries thereof, more particularly delineated in the plan thereof, endorsed upon these presents, together with all Islands, Minerals, and Forests next adjoining thereto or thereupon being, and together with all appurtenances to the said piece of land, or any part thereof, belonging or in anywise appertaining: Excepting, and always reserved out of this present grant to Us, Our Heirs, and Successors, a certain piece of land on the Western Head of the said Harbour of Otakou, comprising one hundred and twenty acres, or thereabouts, and a certain other piece of land, situate on the Eastern Head of the same Harbour, comprising two hundred and fifty acres, or thereabouts, and the Islands of Kakariri and Kamautaurua, and which last-mentioned Reserves are coloured blue upon the said plan: And also excepting, and always reserved out of the said grant, for the sole and exclusive benefit of the said Aboriginal Natives, and their heirs for ever, all that piece of land called Omate, situate on the Eastern Shore of the Harbour of Otakou, bounded on the West by the said Harbour, on the South by a line drawn from Moepuka, on the Shores of the said Harbour, to Poatiri aforesaid, thence along the Coast to Waiwakaheke, thence round to Pukekura, and runs along the side of the Harbour to Moepuka, on the East and North by the Sea, and which piece of ground comprises the whole of the land on the Eastern shores of the said Harbour lying to the Northward of the said line, from Moepuka to Poatiri, excepting the said Reserve on the Eastern Head of such page 285Harbour hereinbefore made for Ourselves, Our Heirs, and Successors: And also excepting that piece of land situate at Taieri aforesaid, bounded on the North by a line drawn from Onumia on the sea-shore, in a West North-West direction, till it strikes the Taieri River at Maitapapa, on the West and South, by the Taieri River, and on the East, by the sea-shore: And also excepting all that piece of land at Karoro, bounded on the South by the River Karoro, on the East, by the sea-shore, on the North, by a line drawn so as to include the kainga or village at that place, and prolonged Westerly one mile inland, and on the West, by a line drawn due South from the termination of such last-mentioned line till it meets the said Karoro River, and which last-mentioned piece of ground includes the kainga of Karoro: And all which Reserves, for the benefit of the said Aboriginal Natives, with their boundaries and abuttals, are more particularly delineated and described in the said plan endorsed here-upon, and coloured yellow: To hold the said piece or parcel of ground, and islands, and premises, with their and every of their appurtenances, except as aforesaid, unto the said New Zealand Company, their Successors and Assigns, for ever. In testimony whereof, We have caused this Our Grant to be sealed with the Seal of Our said Territory.

Witness, Our trusty and well-beloved George Grey, Esquire, Lieutenant-Governor and Commander-in-Chief of Our said Territory and its Dependencies, at Wellington in New Zealand aforesaid, this thirteenth day of April, in the ninth year of Our reign, and in the year of Our Lord one thousand eight hundred and forty-six.
G. Grey,
Governor and Commander-in-Chief.