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New Zealand Māori Land Legislation Manual |
Last Updated: 29 September 2020
Australian Colonies Waste Lands Act 1842
Citation: 5 & 6 Vict. cap. 36
Date of Assent: 22
June, 1842
Commencement: Date of Assent
Repeal: Repealed 9 & 10 Vict. cap.104
Amendments: –
Type of Legislation: Imperial
Subject: Waste Lands
Relevant Sections: s1: Waste lands of the Crown shall be disposed of in the prescribed manner and not otherwise.
s22: "Australian colonies" applies to five named colonies including New Zealand.
Commentary: This Act was cited in The Queen v Symonds (1847) by the Supreme Court judges as a "fatal defect" to the claims of those who relied upon pre-emption waiver certificates issued when Fitzroy was Governor in seeking Crown Grants to land privately purchased from Maori from 1844 - 1846.
Cross Reference: Williams D "The Queen v Symonds Reconsidered” (1989) 19 VUWLR 385, 395.
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