It shall be lawful for His Excellency the Governor, by warrant under his hand, to appoint one or more fit persons to act as Commissioners for hearing and deciding claims to land by persons claiming title thereto, from through or under the said New Zealand Company, and such Commissioners or any of them to displace and remove and to appoint another or others in his or their place as to the Governor shall seem meet.

Every such Commissioner shall, upon his appointment and before proceeding to execute the duties of his office, take and subscribe an oath well and faithfully to execute the trusts and powers reposed in him by virtue of such appointment, which oath any Justice of the Peace is hereby authorized to administer.

Every person resident within the Islands of New Zealand who shall be desirous of taking advantage of the provisions of this Ordinance shall, by himself or his agent, on or before the first day of January, one thousand eight hundred and fifty-two, give notice in writing to the Colonial Secretary of the Province of New Munster, or to such other person as the Governor shall in that behalf appoint, of his desire and intention so to do; and every person resident elsewhere who shall be so desirous as aforesaid shall, by himself or his agent, on or before the first day of January, one thousand eight hundred and fifty-three, give a similar notice in writing to the said Colonial Secretary, or such other person as aforesaid, of such his desire and intention. Every such claimant shall in such notice specify the nature of his claim to any such land as aforesaid, and whether the same shall arise in respect of such land order contract or scrip as aforesaid, and whether such claim be original or derivative, and if derivative on what title his claim may be founded.

No claim to land in the Islands of New Zealand in respect of any such land order contract or scrip as aforesaid, which shall not have been preferred in writing to the said Colonial Secretary or other person as aforesaid on or before the said first days of January, one thousand eight hundred and fifty-two and one thousand eight hundred and fifty- three respectively as aforesaid, shall be deemed by the Colonial Government to come within the provisions of this Ordinance for the adjustment thereof unless it shall be made to appear, to the satisfaction of the Governor for the time being, that any claimant preferring his claim after the said date was, from some reasonable and sufficient cause, unable to give the notice within the prescribed time, in which case it shall be lawful for the Governor to refer such claim to a Commissioner as hereinafter provided: Provided always that it shall be lawful for the Governor at any time, if no such notice of a claim be given but the existence of a claim may be presumed, to refer such presumed claim to a Commissioner, to be heard and decided as hereinafter provided.

All such claims shall be referred to a Commissioner as aforesaid, to the end that the same may be duly heard and decided; and in the hearing and deciding on any such claim the said Commissioner shall be guided by the real justice and good conscience of the case, and shall direct himself by the best evidence he can procure or which shall be laid before him.

As soon as conveniently may be after hearing and deciding any claim which may have been referred to him for that purpose by or by the direction of the Governor, the said Commissioner shall make a report thereof in writing, attested by his signature, in such manner and form as may be prescribed by the Governor in that behalf, which report shall be recorded in the office of the said Colonial Secretary.

Every such decision shall be forthwith published in the Government Gazette, and the claimant in whose favour such decision shall be made shall be deemed to be entitled to a deed of grant or to Government scrip as hereinafter provided as the case may be, unless the decision of such Commissioner shall be amended or revised upon appeal as hereinafter provided.

Where the Commissioner shall have adjudicated upon any adverse claim, the party aggrieved by such adjudication may at any time within three calendar months appeal to a Judge of the Supreme Court, who shall decide upon such claim summarily, and who shall have power to amend reverse or confirm such Commissioner’s decision, or make such other order or decision as to such Judge shall seem meet, according to the equity and justice of the case and according to the true intent and meaning of this Ordinance.

It shall also be lawful for any Commissioner, in cases in which he shall have any doubt respecting any disputed claims, at the request of either party and at such Commissioner’s discretion, to submit a case for the opinion of a Judge of the Supreme Court, either generally upon the whole case or confined to such points respecting which such doubts shall have arisen, whereupon such Judge shall certify to such Commissioner his opinion according to the justice and equity of the case and according to the true intent and meaning of this Ordinance.

It shall also be lawful for any Commissioner, in all cases, whether upon claims disputed or not and without the request of the claimants of either party, to submit a like case to a Judge of the Supreme Court for such Commissioner’s own information, and such Judge shall thereupon certify in the manner hereinbefore provided.

If such Judge shall be of opinion that the equity and justice of the case required other and better evidence than was given before the Commissioner, it shall be lawful for such Judge to require and permit such evidence to be produced.

And whereas from deaths of and dealings by purchasers from the said Company, and from those claiming from through or under them, various and conflicting claims to conveyances and to such land orders or contracts may arise: Be it enacted that every deed of grant which shall be made by the Governor, in the name and on behalf of the Crown, of the land to which any such land order contract or scrip as aforesaid shall relate, for the estate and interest thereby contracted to be conveyed remaining unexpired and undetermined at the date of such grant to the purchaser or purchasers named in such land order contract or scrip, or to any person or persons deriving title from through or under such purchaser or purchasers, and on proof of his her or their title respectively to the satisfaction of any such Commissioner as aforesaid, shall be deemed both at law and in equity a full and complete performance by the Crown on behalf of the said Company of the contract or obligation contained in or resulting from any such land order contract or scrip as aforesaid, and shall be deemed and taken to be a good valid and effectual conveyance of the land purported to be conveyed by such grant as against Her Majesty, her heirs and successors, and against all other persons whatsoever.

Every such grant as aforesaid shall be in the form in the Schedule hereunto annexed, and may be made for the conveyance of one or more sections of land, or of a part or parts of a section or sections, and without reference to the original survey of the same either as regards the boundaries thereof or any lines of road already or to be hereafter reserved thereupon: Provided always that whenever it shall be necessary to take any land which shall be in actual cultivation for the purpose of laying out any new line of road, it shall be lawful for the Governor to cause the value of the land so taken, and also any injury thereby done to the owner or occupier of the same, to be ascertained and determined by two appraisers, one to be appointed by the Government and the other by such owner or occupier, who shall (or an umpire to be appointed by them) declare the amount of such valuation and injury, whereupon the Governor shall issue to the party injured, Government scrip to the amount so declared.

In case the boundaries of any such land shall be disputed between two or more claimants, it shall be lawful for any such Commissioner as aforesaid to determine the boundaries by which the said land shall be described in any such grant as aforesaid.

And whereas in certain cases various dealings have been had between the persons claiming title to the lands in regard to which such land orders relate, and others: And whereas, for the purpose of preventing injury and inconvenience to persons who may have dealt with such claimants in respect of the lands so claimed by them, it may be expedient that the legal estate in the land to be comprised in any such grant should in certain cases be deemed to have been in the grantee prior to the date of such grant: Be it enacted that it shall be lawful for the Commissioner who shall hear and decide any such claim, at his discretion, to report that for the purposes aforesaid it would be expedient that such legal estate should be deemed to have been in such grantee from and after a date to be named by such claimant in that behalf.

In every such case it shall be the duty of the said Colonial Secretary, before issuing any such grant, to indorse thereon the date so reported as aforesaid, and the legal estate in the land to be comprised in such grant shall be deemed to have been in the grantee thereof from the date so to be indorsed as aforesaid.

In case it shall be made to appear to the satisfaction of such Commissioner that the land to be comprised in any deed of grant to be issued under the authority hereof is subject to any legal or equitable mortgage charge or lien, it shall be lawful for such Commissioner to prescribe such terms and conditions for the delivery of such deed to the grantee thereof as to him may appear just and equitable in relation thereto.

In case the said Company shall have contracted with any purchaser for the disposal of a particular section of land, and it shall not be in the power of the Government to give possession of such land to the person entitled to the same, it shall be lawful for the Governor to cause the value of such land or part thereof to be ascertained and determined by two appraisers, one to be appointed by the said Colonial Secretary or such other person as aforesaid on the part of the Government and the other by the person entitled to such section as aforesaid; but in case such appraisers cannot agree as to the value of the land so to be submitted to them for their appraisement, then it shall be lawful for any such Commissioner as aforesaid to determine the value thereof: Provided always that the valuation of the said Commissioner shall not be less than the least estimate nor more than the highest estimate to be made by such appraisers as aforesaid.

Wherever the said Company shall have contracted with any purchaser for the disposal of a particular section of land not comprised within any district reverting to the Crown under the provisions of the hereinbefore recited Act of the tenth and eleventh of Victoria, it shall be lawful for the Governor to cause the right of such claimant, under all the circumstances connected therewith, to be appraised in manner aforesaid.

It shall also be lawful for the Governor to issue to the person who may be found by such Commissioner to have a rightful claim to such land or any right therein as aforesaid, scrip for the amount so ascertained and determined as aforesaid: Provided always that the amount of scrip to be issued in any such case as aforesaid shall in no case be less than the amount which shall be found by such Commissioner to have been paid to the said Company in the original purchase of the land, or a proportionate part thereof, as the case may be.

It shall be lawful for any claimant who may be reported by the said Commissioner to be entitled to some particular section or sections of land by virtue of any such land order or contract as aforesaid, to exchange the said land for such an amount of the said Government scrip as shall be equal to the sum which shall be reported by the said Commissioner to have been originally paid to the said Company in respect of such land: Provided always that no claimant who shall have received or shall hereafter receive any New Zealand Company’s scrip or Government scrip in respect of any claim for compensation under or by virtue of any land order or contract of the said Company, shall under any circumstances receive more than one pound of Government scrip for each acre of land he may desire to exchange as aforesaid: Provided also that any claimant who may intend to avail himself of the foregoing provision shall, within six months from the passing hereof if he be resident within the Islands of New Zealand and within eighteen months from the passing hereof if he be resident elsewhere, give notice in writing, by himself or his agent, to the said Colonial Secretary or other person as aforesaid, of his intention so to do.

And whereas the said Company have issued supplementary land orders and also scrip of various kinds, in some cases purporting to confer upon the holder thereof a right to select a certain number of acres of land and in some cases a right to select land of the value in such scrip mentioned: Be it enacted that it shall be lawful for any claimant as aforesaid, who may be reported by such Commissioner to be entitled to such right of selection, to exchange such scrip or supplementary land orders, or any land which may be reported by the said Commissioner to have been duly selected by virtue thereof, for Government scrip at the rate following, that is to say,—One pound sterling in Government scrip for every acre of land where the said Company’s scrip or supplementary land order shall certify the claimant to be entitled to select a number of acres, or one pound sterling of Government scrip for every pound sterling where the said Company’s scrip shall certify the claimant to be entitled to select land to the value of a number of pounds: Provided always that every claimant who may be desirous of effecting such exchange shall, within six calendar months after the passing hereof if he be resident in the Islands of New Zealand and within eighteen months if he be resident elsewhere, give notice in writing to the said Colonial Secretary or other person as aforesaid, of his intention so to do.

All Government scrip to be issued under the authority of this Ordinance shall be transferable, and shall be received as cash by the Colonial Treasurer of the Province of New Munster in or towards the purchase of demesne lands of the Crown in any part of the said Province which may from time to time be offered for sale by or on behalf of the Colonial Government, and by the Colonial Treasurer of the Province of New Ulster, in or towards the purchase of demesne lands of the Crown in any part of the said Province of New Ulster (not being within the limits of any hundred or within the limits of the town site of New Plymouth) which may from time to time be offered for sale by or on behalf of the said Colonial Government.

Upon the receipt of such scrip all right title interest claim and demand of the person to whom the same shall have been issued, and of all other persons whatsoever to the land in respect of which scrip shall have been issued, shall be extinguished. And the issue of such scrip by the New Zealand Government shall be deemed, both at law and in equity, a full and complete performance by the Crown, on behalf of the said Company, of the contract or obligation of the said Company in respect of which such scrip shall have been issued as aforesaid: And so much of the land to which any such land order or contract as aforesaid shall relate as shall not be granted to the claimant thereof as hereinbefore provided, shall be deemed and taken to be part of the demesne lands of the Crown, free from all incumbrances whatever: And whereas the New Zealand Company is alleged to have conferred upon some of its purchasers of land the privilege of depasturage upon waste lands in proportion to the land purchased: Be it enacted that in every case in which any such purchaser shall exchange any part of the land so purchased by him for scrip under the provisions of this Ordinance, such alleged privilege shall altogether cease and determine.

And whereas the persons particularly named and described in the Schedule hereunto annexed have already applied to the Government for grants of land in the settlement of Nelson: Be it enacted that the applications so made by such persons as aforesaid shall be deemed and taken to be as good valid and effectual as if the same had been made within the time and in the manner hereinbefore prescribed in that behalf, anything herein contained to the contrary notwithstanding.

And whereas certain leases of lands in the New Zealand Company’s settlements have been made by the Resident Agents for the time being of the said Company in the name or on the behalf of the said Company, but the said leases have not been sealed with the seal of the said Company: Be it enacted that every lease of land in the said settlements, made or purporting to be made in the name or on the behalf of the said Company and signed by any such Agent, shall be deemed and taken to be to all intents and purposes a good valid and effectual lease of the land comprised therein; and that every deed of grant to be made or to be deemed to be made under the authority of this Ordinance in respect of any land comprised in such lease shall be deemed and taken to be subject thereto.

And whereas it is expedient that any claims to be advanced by the absentee proprietors of land in the Settlement of Nelson to compensation under any contract of the said Company should be entertained and adjusted on the same general principle as that which was adopted for the adjustment of similar claims of absentee proprietors of land in the Settlements of Wellington and New Plymouth: Be it enacted that any such claims to compensation by absentee proprietors of land in the Nelson Settlement shall be entertained and adjusted on the general principal aforesaid, and that, upon report by any Commissioner appointed under this Ordinance (to whom any such claim shall have been referred by the Governor), that the claimant is entitled to any compensation under such contract as aforesaid, it shall be lawful for the Governor to issue scrip to such claimant to an amount not exceeding in any case the sum of one hundred and fifty pounds upon any allotment where the claimant shall retain the land originally purchased by him, or the sum of fifty pounds upon any allotment where the claimant shall exchange the land for scrip under the provisions of this Ordinance.

And whereas by the second clause of an Ordinance passed in the tenth year of the reign of Her Majesty Queen Victoria, intituled “An Ordinance to repeal the Crown Grants Ordinance, Session V., No.3, and to impose a Fee for the Delivery of all Crown Grants,” it is enacted that a fee of twenty shillings shall be paid on the delivery of all Crown Grants: Be it enacted that the said fee of twenty shillings to be received under the authority of the above-recited Ordinance for grants from the Crown for land purchased prior to the date of the passing of this Ordinance, in the settlements of the New Zealand Company, shall be applied towards defraying the expenses incurred under this Ordinance.

And whereas the New Zealand Company purchased or claimed to have purchased a certain tract of land at Banks’ Peninsula from the Company or Association commonly known as the Nanto-Bordelaise Company, subject nevertheless to the rights of all persons claiming title from or under such last-mentioned Company: Be it enacted and declared that all and singular the persons claiming right under or being purchasers of land from the said Nanto-Bordelaise Company, subject to whose claims the said New Zealand Company made or claimed to make such purchase as aforesaid, shall for the purposes of this Ordinance be deemed and taken to be claimants of land from the New Zealand Company.

And whereas, by certain Instructions under the Royal Signet and Sign Manual, bearing date the twelfth day of August, one thousand eight hundred and fifty, Her Majesty did revoke and determine so much and such part only of the thirteenth chapter of the Royal Instructions bearing date the twenty-third day of December, one thousand eight hundred and forty-six, as relates to the lands comprised in or affected by the contracts between the New Zealand Company and the settlers at Wellington, Nelson, and New Plymouth, and the Associations of Otago and Canterbury, and so far as the same might be inconsistent with the said contracts respectively or any part thereof: And Her Majesty did declare that on the expiration or sooner determination of any such contract the regulations comprised in the said thirteenth chapter of the said recited Instructions should again become and remain in force as regards the lands comprised in or affected by such contract: Be it enacted, and it is hereby declared, that for the purposes of the said first-mentioned Instructions all such contract as Aforesaid shall be deemed to have expired and to have determined on the first day of September now next ensuing; and the said thirteenth chapter of such Royal Instructions shall thereupon again become and remain in force as regards the lands comprised in or affected by such contracts, so far as such Instructions shall not be repugnant to the provisions of this Ordinance.

Provided always that nothing herein contained shall be deemed in any way to affect any right or prerogative of the Crown, whether exercised by Her Majesty or His Excellency the Governor under and by virtue of his Commission or the Charter of the Colony.