Despite the difficult of communications between Britain and New Zealand – sailing ships - the situation changed dramatically after New Zealand became part of the colony of New South Wales.
This is how the Waitangi Tribunal’s Report on Stage 2 of the Te Raki claim (here) sees it. (Page 2018)
New Zealand’s annexation to the colony of New South Wales was short-lived. Following the publication of Hobson’s proclamations in the London Gazette in October 1840, and a change of government in Britain, it was decided that New Zealand should be a colony separate from New South Wales. At this point, well-oiled imperial machinery swung into action. We outline the provisions made for the government of the new colony in some detail, to underline this point.
7 August 1840: the New South Wales Continuance Act 1840 was passed by the British Parliament. It extended the provisions of the Australian Courts Act 1828 that provided for the administration of justice in New South Wales and Van Diemen’s Land. The New South Wales Continuance Act provided that the Queen might, by letters patent, lawfully erect any islands that were then or might in future be dependencies of the colony of New South Wales into a separate colony or colonies. It also provided that the Queen might lawfully appoint a Legislative Council for any such new colony. This was the Act under which the Queen would issue the letters patent of 16 November and 24 November 1840.
16 November 1840: The Queen issued letters patent (under the New South Wales Continuance Act (UK)), known as the Charter. By the Charter, issued under the Great Seal of the United Kingdom, Queen Victoria erected the islands of New Zealand and other adjacent islands into a separate colony; renamed the North and South Islands, and Stewart Island (names of British origin commonly used at the time by settlers) as New Ulster, New Munster, and New Leinster respectively; and provided for the future separate administration of the Government of New Zealand.
24 November 1840: By further letters patent (enclosed in the same despatch), the Queen also appointed Captain Hobson Governor and Commander-in-Chief of the colony of New Zealand. Extensive Royal Instructions issued by Queen Victoria to Hobson dated 5 December 1840 were also enclosed.
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December 1840: Lord John Russell (the new Secretary of State for War
and the Colonies) forwarded the above documents to Hobson and issued
instructions, detailing the machinery of government to be set up in New
Zealand and the need for a thorough survey of the colony so that its
administrative divisions could be established.
It enclosed a number of legal instruments.
3 May 1841: The Governor (Hobson) reported to London that he had publicly read and proclaimed the Charter providing for the administration of the colony ‘with all due solemnity, in the presence of the civil and military officers of this government and a large concourse of Europeans and New Zealanders’. He had proclaimed his own appointment by the Queen as first Governor and Commander-in-Chief, and issued two further proclamations which announced, respectively, the separation of the territory of New Zealand from New South Wales, and the appointment of the Executive and Legislative Councils.
Documents
Royal Charter
Charter for erecting the Colony of New Zealand, and for creating and establishing a Legislative Council and an Executive Council, and for granting certain Powers and Authorities to the Governor for the time being of the said Colony.Victoria, &c., to all to whom these presents shall come, greeting:Whereas by an Act of Parliament made and passed in the fourth year of our reign, intituled, &c.
Provided always, that nothing in these our Letters Patent contained shall affect or be construed to affect the rights of any aboriginal natives of the said Colony of New Zealand to the actual occupation or enjoyment in their own persons, or in the persons of their descendants, of any lands in the said Colony now actually occupied or enjoyed by such Natives.
Proclamation by His Excellency Captain William Hobson, Governor and Commander-in-Chief in and over the Colony of New Zealand and its Dependencies.Whereas Her Majesty has been pleased, by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the 16th day of November, in the year of our Lord 1840, to erect the Islands of New Zealand into a separate territory by the name of Her Majesty's Colony of New Zealand: Now therefore, I, the Governor and Commander-in-Chief, by Commission under the Great Seal appointed, do hereby notify and proclaim, that, under Her Majesty's said Letters Patent, the Islands of New Zealand are henceforth to be designated and known as Her Majesty's Colony of New Zealand and its Dependencies. And I do hereby further notify and proclaim, that, Her Majesty has been pleased to direct that the three principal islands of New Zealand, heretofore known as or commonly called the Northern Island, the Middle Island, and Stewart's Island, shall hence-forward be designated and known respectively as New Ulster, New Munster, and New Leinster, of which all Her Majesty's subjects are hereby required to take notice.
Given under my hand and seal, at Government House, Auckland, this 3rd day of May, in the fourth year of Her Majesty's reign, and in the year of our Lord 1841.Governor.
By His Excellency's command.
Proclamation of Captain Hobson appointing an Executive Council and a Legislative Council: 3 May 1841
Proclamation by His Excellency Captain Hobson, Governor and Commander-in-Chief in and over the Colony of New Zealand and its Dependencies, &c., of the appointment of the Governor and Councils.Whereas Her Majesty has been graciously pleased, by Commission under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the 16th day of November, in the year of our Lord 1840, to constitute and appoint me, William Hobson, Esq., Captain in Her Majesty's Navy, to be Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its dependencies:
Now therefore, I, the Governor and Commander-in-Chief aforesaid, do hereby proclaim and declare that I have this day taken the prescribed oaths, and assumed the administration of the Government accordingly.And I do hereby further proclaim and declare, that Her Majesty has been pleased to appoint an Executive Council for the said Colony, and to nominate and appoint the under-mentioned persons to be Members thereof; that is to say, the Colonial Secretary of the said Colony for the time being, the Attorney-General of the said Colony for the time being and the Colonial Treasurer of the said Colony for the time beings.
And I do hereby proclaim and declare, that Her Majesty has been further pleased to appoint a Legislative Council for the said Colony of New Zealand and its dependencies, and to appoint and direct that such Legislative Council shall be formed and shall consist of the following members:—His Excellency the Governor for the time being, the Colonial Secretary for the time being, the Attorney-General for the time being, the Colonial Treasurer for the time being, and the three senior Justices of the Peace, nominated as such in any Commission of the Peace to be issued by me the said Governor and Commander-in-Chief, or by the Governor or Acting Governor for the time being.
The Governor, fully impressed with the magnitude and importance of the duties thus confided to him, is supported by the hope that Almighty God will bless his best efforts to give full effect to these Her Majesty's most gracious measures for the establishment of peace and order in this important Colony; and he relies with confidence on the loyalty of the colonists; and on the hearty co-operation with the Government in cultivating those feelings of mutual good-will which alone can insure to them the future benefit of Her Majesty's solicitude for their welfare and prosperity.
The Governor avails himself of this occasion to appeal to the good feelings of the colonists generally in favour of their fellow-subjects of the Native race, who. require only instruction and good example to become equal to Europeans in moral, as they already are in physical, attainments; and to point out to all who really have the true interests of the country at heart, the propriety of conciliating their affection by making every charitable allowance for their defects, and by conducting all intercourse with them in a spirit of justice and forbearance.
The Governor trusts that he will be afforded the satisfaction of hereafter knowing that his endeavours for the accomplishment of Her Majesty's gracious and benign views have not been employed in vain.
Given under my hand and seal, at Government House, Auckland, this 3rd day of May, in the fourth year of Her Majesty's reign, and in the year of our Lord 1841.Governor.By His Excellency's command.
Instructions from Victoria R to Captain Hobson
The letter from Victoria R to Captain Hobson of 5th day of December 1840 that enclosed the Royal Charter erecting New Zealand as a separate colony included instructions for Captain Hobson, which included:
It is our further will and pleasure that you do to the utmost of your power promote religion and education among the Native inhabitants of our said Colony, or of the lands and islands thereto adjoining, and that you do especially take care to protect them in their persons and in the free enjoyment of their possessions, and that you do by all lawful means prevent and restrain all violence and injustice which may in any manner be practised or attempted against them, and that you take such measures as may appear to you to be necessary for their conversion to the Christian faith, and for their advancement in civilization.
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Next: Legal effect of the erection of New Zealand as a separate colony in 1841
