The Pamphlet Collection of Sir Robert Stout: Rare Volume
Preface
Preface.
The history of English Legislation can furnish but few precedents of British subjects having been deprived of their property by an Act of the Legislature; and never but in cases of rebellion or treason.
The several Ordinances of the New Zealand Legislature, dealing with what are called "Claims to Land," are, in this respect, unprecedented. They profess to deprive a class of British subjects of their lands, because those Lands are too extensive, or too valuable, for a subject to possess.
The several Acts of Parliament which gave power to the New Zealand Legislatures to make laws, expressly required that the laws made by those Legislatures should "not be repugnant to the laws of England." The Ordinances and Laws of New Zealand affecting Titles to Land contain provisions which are a direct violation of Magna Charta and The Bill of Rights—the fundamental laws of the realm of England which protect the private rights of citizens in their landed estates.
The Instructions under the Royal Sign Manual of 1840 designate any "such Ordinance" as shall be repugnant to the Laws of England as a "pretended Ordinance," which "shall be absolutely null and void to all intents and purposes." Previous Ordinances were made by Governors with Councils of their own page IV nomination. "The Old Land Claims Final Settlement Bill of 1856"* is passed by an Assembly consisting of an elected House of Representatives and a nominated Council. Its history is this:—The Governor, in his opening address to the Assembly on the 15th April, said, "I trust you will lose no time in authorising the formation of a Commission with full powers to settle the many vexed questions connected with Land Claims, and for the quieting of disputed titles." On the 9th May Mr. Sewell moved "that a Select Committee be appointed to consider and report as to the nature and extent of outstanding land claims, and the best means of finally disposing of the same."
The Committee met on the 27th, 28th, and 29th of May, and on the 3rd, 4th, 6th, 7th and 9th of June, and examined witnesses. The evidence given by these witnesses was not printed for the information of members of the Legislature, nor is it alluded to in the report of the Committee. Various petitions were also referred to the Committee, to which the Report makes no allusion, except by stating in a "Postscript," "that the claims of all such petitioners should be heard and decided on by the Commissioners now recommended in accordance with the provisions of the Act proposed to be passed on the general subject," while some of those provisions so restrict the powers of the Commissioners as to make it impossible for them to do justice to the petitioners.
* The title of the Act as it passed the Legislature is "The Land Claims Settlement Act, 1856."
Her Majesty, not acknowledging titles as valid before a "Legislative Commission" should "investigate and ascertain what are the lands in New Zealand held by British subjects under grants from the Natives, how far such grants were lawfully acquired,"† &c., only intimated, and could only lawfully intimate, that Her Majesty would not maintain titles thus acquired, without a previous inquiry into their justice.
Mr. Alfred Domett, who signs the Report as Chairman of the Committee, was present at every meeting of the Committee excepting on the 28th and 29th of May, on which days evidence was given that land purchases were made under the direct sanction and assistance of the British Government before New Zealand became a British Dependency, providing that even if the titles thus acquired were technically void in law, they would still be binding on the good faith of the British Government.
* Parliamentary Papers, 8th April, 1840—p. 39.
† Ibid.
All this evidence, a knowledge of which was essentially necessary to have enabled the Legislature to attain to a right judgment respecting the questions upon which they were called upon to legislate, was absolutely ignored by the Committee. So far from its having been printed for the information of members of both Houses, the Report does not even mention that such evidence had been received.
Under such circumstances, the following Address was by permission, granted on petition to the House of Representatives, delivered at the table of the House.
* Mr. Under-Secretary Labouchere to Mr. Halt, M.P, in Parliamentary Papers of 8th April, 181-0,—p. 28.