By his Excellency Sir George Gipps, Knight, Captain-general and Governor-in-chief in and over her Majesty's Territory of New South Wales and its Dependencies, and Vice-admiral of the same.

Whereas her Majesty was graciously pleased, by certain letters patent, under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date at Westminster, the 5th day of October, in the year 1837, to constitute and appoint me, Sir George Gipps, Knight, Captain-general and Governor-in-chief, in and over her Majesty's territory of New South Wales, comprised within the limits therein mentioned; and whereas her Majesty, by certain other letters patent under the Great Seal of the said United Kingdom, bearing date the 15th day of June in the year 1839, was pleased to revoke so much of the said first-recited letters patent as describes the limits of her Majesty's said territory of New South Wales, and to further extend the limits thereof, so as to include any territory which is or may be acquired in Sovereignty by her Majesty, her heirs and successors, within that group of islands lying between the latitude of 34 degrees 30 minutes and 47 degrees 10 minutes south, and 166 degrees 5 minutes and 179 degrees east longitude, reckoning from the meridian of Greenwich. And whereas her Majesty, reposing especial trust and confidence in the prudence, courage, and loyalty of William Hobson, Esq., captain of her Majesty's navy, has been pleased, by a commission under the Royal Signet and Sign Manual, bearing date the 30th day of July in the year 1839, to constitute and appoint the said William Hobson, Esq., to be her Majesty's Lieutenant-governor in and over that part of her Majesty's territory so described as aforesaid in the said last-recited letters patent, which is or may be acquired in Sovereignty by her Majesty, her heir or successors, within that group of islands in the Pacific Ocean, commonly called New Zealand, to have, hold, exercise, and enjoy the said office of Lieutenant-governor during her Majesty's pleasure; and whereas her Majesty was pleased to command that, in the execution of such, his office, he, the said Lieutenant-governor, should obey all such lawful instructions as might be from time to time addressed to him by me, the said Captain-general and Governor-in-chief, or in the event of my death, or absence from the limits of my government and command, by the officer for the time being administering the government of the said territory and its dependencies: Now, I, the Captain-general and Governor-in-chief aforesaid, do hereby proclaim and declare that I have this day administered the prescribed oaths to the said William Hobson, Esq., as Lieutenant-governor as aforesaid; and I hereby call upon all British subjects to be aiding and assisting the said William Hobson, Esq., in the execution of his said office:—Given under my hand and seal, at Government House, Sydney, this 14th day of January, 1840, and in the third year of her Majesty's reign.

Hobson's Instructions.

Letter of instructions by Governor Gipps to Lieutenant-governor Hobson, dated January 5, 1840: —Agreeably to the intentions expressed by the Marquis of Normanby in the instructions addressed to you by his Lordship on 14th August, 1839, I have the honour herewith to forward the commission, under the Great Seal, by which the limits of the Government of New South Wales, so as to comprehend any territory of which the Sovereignty has been, or may be, acquired by her Majesty in New Zealand. I also enclose your own commission as Lieutenant-governor of such territory. The commission under the Great Seal you will be so good as to return to me by the first safe opportunity after it shall have been published in New Zealand. Your own commission you will retain, a copy of it having been enrolled amongst the archives of this Government. I have the honour also to enclose to you herewith copies of three page 46proclamations respecting New Zealand, which it is my intention to issue in Sydney as soon as possible after you shall have left it; and I further enclose drafts of two proclamations which I have prepared, with the advice and assistance of my Executive Council, with a view to their being issued by yourself, with such alterations as circumstances may lead you to deem necessary on your arrival in New Zealand. You will perceive that the second of these proclamations is a substitute for the one which it was the intention of the Marquis of Normanby to supply to you, with his Lordship's letter of the 15th August, 1839, but which was by some accident omitted. As it seemed to me of the first importance that a right understanding should exist as to the position in which the Lieutenant-governor of her Majesty's possessions in New Zealand will stand towards myself, I propose to develop to you my own views on the subject, premising that I shall be happy to discuss with you, either personally or in writing, any point of service on which it may seem to you that further explanations are necessary. In order to give your administration due vigour and efficiency, it seems to me necessary that all the details of government should be left to yourself, and from the general tenor of the Marquis of Normanby's instructions, I am happy to think it the intention of her Majesty's Government that it should be so. There are, however, matters of higher moment, some of them having reference to the interests of the people of New South Wales, and others which regard the exercise of the prerogative of the Crown, which require other arrangements, and it is to these that I would now request your attention. The extent to which titles of lands acquired by purchase from the aborigines are to be recognised by her Majesty being made a subject of instruction by the Marquis of Normanby; it is unnecessary for me to say any more on this head than that I shall take the earliest possible measures for carrying into effect the instructions alluded to; as, however, nothing conclusive can be done until the Legislative Council of this colony shall be in session, I shall be happy in the meantime to receive from you any suggestions which your experience in New Zealand may point out to you as necessary. With respect to the future disposal of lands, the general rules in force in this colony are to be adopted. The Survey Department of New Zealand will, however, be kept quite distinct from that of New South Wales. The Treasury of New Zealand, though it is to be supplied in the first instance with funds from this colony, will also be kept distinct from that of New South Wales. It is the circumstance I have just alluded to—namely, the supply from this colony of the funds required for the first establishment of Government in New Zealand—which principally renders it necessary that some control over the Government should be exercised by myself. My responsibility for the due expenditure of the public money of this colony is one of which I cannot divest myself; and where responsibility is, there also must be control. The extent to which establishments are to be created in New Zealand, the salaries to be paid to public officers, and the expenditure of money on public works, must for the present be fixed by myself, on estimates and reports, or proposals to be forwarded by you. In order not to encumber this letter with details, I enclose a memorandum on the subject of other financial arrangements, and also a copy of the instructions from the Lords of the Treasury to the Treasurer in this colony, which instructions are equally applicable to New Zealand. With respect to certain powers or prerogatives of the Crown, with which Governors of colonies are usually entrusted, it is necessary for me to point out to you that, though I am myself authorised by her Majesty to exercise them in her name, and on her behalf, I have no power to delegate the exercise of them to another. From this, which is an inherent maxim in the law, it will, I believe, follow that you will not have the power to pardon offences or to remit sentences pronounced on offenders in due course of law, though you may stay the execution of the law. That you will not be authorised to suspend officers holding appointments direct from her Majesty, though you may recommend to me the suspension of them. With respect to persons holding appointments from me, you will have the power of suspension, and over such as hold appointments from yourself a power of dis-page 47missal, unless they may have been previously recommended by you for confirmation in their respective offices, in which case your power will extend only to suspension. You will not have the power of appointing magistrates, though, of course, you will recommend to me such persons as you may think fit to be appointed. In the event of the enrolment of a militia, the same will hold good respecting the appointment of officers. And, lastly: As it is necessary to provide for the Government of her Majesty's territories in New Zealand in the possible event of your death or unavoidable absence, I enclose herewith a commission, under the public seal of this colony, empowering the Colonial Secretary of her Majesty's possessions in New Zealand, or the person who may immediately previous to your death or absence have been acting as such, to administer the Government during the period which may intervene between the occurrence of such death or absence, and the time when any other person may enter on the Government, by virtue of a special appointment from myself or my successor.—I have etc."

By instructions issued to our trusty and well-beloved William Hobson, Esq., our Governor and Commander-in-chief in and over our colony of New Zealand, etc., given at Buckingham Palace, the 5th day of December, 1840, in the fourth year of our reign, it is instructed, re the colony of New Zealand, that the principal islands thereof are known as, or commonly called the North Island, the Middle Island, and Stewart's Island, shall henceforth be designated and known respectively as New Ulster, New Munster, and New Leinster.

After providing for the appointment of a Legislative Council, to consist of six members, the following estimate of the charges of defraying the expenses of the colony for the first year is given:—

Governor's salary	£1200
Colonial Secretarv	600
Chief Justice	1000
Attorney-general	400
Surveyor-general	600
Colonial Treasurer	600
Collector of Customs	500
Protector of Aborigines	400
Expenses of above establishment	6000
Buildings and works	5000
Contingencies	3000
Total	£19,300

Estimate of ways and means:

Duties to be levied in the colony	£10,000
Funds raised in the colony by sale of lands effected therein	5,000
Proposed vote from Parliament in aid of other heads of revenue, if required	5,000
Total	£20,000

It was estimated there were 4000 Europeans in New Zealand at this time, and, according to the South Australian precedent, they would produce a revenue of the amount specified.

The revenue cutter Ranger has been ordered to New Zealand, and it is expected will be stationed there altogether.—Hobart Town Courier, 28th February, 1840.

page 48

Mr Thomas Trapp, in evidence before a Parliamentary Committee re New Zealand affairs, estimates there are 50,000 of a native population in New Zealand, and believes a small military force under the British Resident would be sufficient to meet existing difficulty and suppress rowdy characters amongst the British population.

The recognition of New Zealand as a British colony is very satisfactory, and there can be no doubt but that these islands contain districts which it is not possible to exhaust by any rational scheme of colonisation for a long course of years. But at present our mode of colonising New Zealand is most irrational. The system of land-sharking which was set on foot by the Church Missionary Society, and which they have upheld by exerting their influence at the Colonial Office to prevent the adoption of a rational scheme of colonisation, is now in full force, and must soon exhaust the whole country. Prevention has become impossible, and these instructions indicate nothing like a practical remedy.— Colonial Gazette, September 12, 1840.

In a despatch dated August 16, 1840, the Home authorities are advised: —In February last seven chiefs from the Middle Island visited Sydney. They were presented to me at Government House. They were each made a present of £10 10s, the right of Sovereignty explained to them, and they were requested to sign a declaration similar to that of the North Island. They promised to do so, arranging to return the day after next. Not returning as promised, I caused inquiry to be made, and found they had been got at in the meantime by certain Europeans.

[Wentworth and four other Europeans are the parties referred to. These men got the natives to complete a purchase of the whole of the undisposed portions of the Middle Island; a sum of £200 in cash being paid as the purchase price, together with an annual payment of a like sum so long as they lived. That transaction was the origin of the Wentworth claim. These men also poisoned the minds of the natives, alleging that Government simply intended to deprive the natives of their possessions.]