V.—Waste Lands.

The sale and settlement of waste lands is the next of the general topics to which I propose to advert in this Despatch.

The Marquis of Normanby has anticipated and provided for the great and peculiar difficulty by which the regular colonization of New Zealand was impeded. I refer, of course, to the large claims advanced by persons in virtue of contracts or grants said to have been made by the Native chiefs. In my present want of information as to the measures which may have been taken to give effect to his instructions, I can state merely that Her Majesty's Government perceive no reason for receding from them. It is absolutely necessary, 1st, That a commission should ascertain, and that the law should determine, what lands are private and what are public property; and, 2ndly, That all lands held by private persons, and not actually in cultivation, should be subjected to an annual tax, the non-payment of which should be followed by the confiscation and seizure of the land. Until this is done, there can be no reasonable prospect of the Colony making any effectual advance in agriculture, wealth, or sound internal polity.

On the other hand, I am willing to admit that it is not desirable that the execution of any such commission should be intrusted to any person acting under the bias of any interest, real or supposed, in favour of any particular class or body of persons, or in favour of the adjacent Colonies, or any of them. The measure of resorting to New South Wales for legislation on this subject, and for officers to conduct this service, was adopted by Her Majesty's Government reluctantly, but was at the time the only course which it was practicable to take. The erection of a local legislature at New Zealand, and the final establishment of the Queen's sovereignty there, have removed these difficulties; and if, on the receipt of this Despatch, a commission appointed by the Government of New South Wales, under a law passed in that Colony, shall be in force in New Zealand, you will take the earliest opportunity for superseding both the commission and the law, by the enactment of a local Ordinance for the same general purposes, and by issuing a commission in favour of persons combining, with the other requisite qualifications for the task, the great advantage of as much impartiality, and as much exemption from the suspicion of any partial bias, as can be found at your disposal.

When the demesne of the Crown shall thus have been clearly separated from the lands of private persons, and from those still retained by the aborigines, the sale and settlement of that demesne will proceed according to the rules laid down in the accompanying Instructions under the royal sign-manual. It would be superfluous either to repeat or to abridge those Instructions in this place. It may be sufficient to say, that they proceed on the following fixed principles: namely, 1st, That all the lands of the Crown are to be surveyed as promptly and as accurately as may be compatible with the means you possess. 2ndly, That from the lands so surveyed are to be reserved, for the use of the public at large, all tracts which are likely to be required for purposes of public health, utility, convenience, or enjoyment. 3dly, That no public land is ever to be disposed of gratuitously. 4thly, That the surveyed districts, as they are successively opened for settlement, are to be disposed of by public sale at one uniform price. 5thly, That every possible method is to be adopted for expenses of the Land Department, including surveys, and such other works as may be indispensable to give an exchangeable value to the land. 6thly, That from the surplus no deduction be ever made for the indispensable exigencies of the public service, and for the benefit of the aborigines, exceeding 50 percent on the net proceeds of the year. 7thly, That this deduction of 50 percent be never made except in so far as there may be a well ascertained deficiency of other funds for such services. 8thly, That 50 percent of the net proceeds at least be expended annually in the removal of emigrants from this country. 9thly, That the removal of such emigrants be effected by the Colonial Land and Emigration Commissioners, or under their direction and superintendence.

Such are the general rules by which this branch of the public service will be regulated. It remains to notice the special case of the Society who have been acting under the title of "The New Zealand Land Company," and who have laid claim to some millions of acres of land in the neighbourhood of Port Nicholson. On that subject I would, however, observe in this place, only, that I have entered upon what I trust will be a satisfactory adjustment of these claims. But the subject will be treated of at large in another and separate communication.

VI. The topic to which I propose to advert last, is that of the care of education of youth, and of the religious instruction of the colonists. All important as this topic is, it may, however, be briefly disposed of. The system which has been established in New South Wales and Van Diemen's Land is, I believe, the best which it would be practicable to devise. It has at least the great recommendation of eminent success and general popularity. Taking, therefore, the Church Extension Acts of those Colonies for your guide, you will propose the enactment of a similar law to the Legislature of New Zealand. One important qualification is, however, indispensable. It must be provided that the contributions from the local Treasury to this object shall never in any year exceed some definite proportion, perhaps a tenth or a seventh, of the net revenue. By giving a more absolute and unlimited pledge, the Legislatures of the older Colonies have involved their Treasuries in obligations which it is scarcely possible to fulfil.

The preceding instructions are, of necessity, drawn up in general terms. If they shall not be found to relieve you from much of the responsibility of your office, they will, I trust, at least serve to indicate the views by which Her Majesty's Government are actuated, and the objects which they chiefly desire to attain in the settlement of this new Colony; and they will at least direct your own attention to many topics which experience shows are too often unheeded in the administration of our Colonial Governments.