Appendix 3 - Extracted from "The New Zealand Book of Events" Reed and Methuen at p275
June 15, 1839 Letters patent were issued to expand the territory of NSW to include the area encompassing NZ, from latitude 34º South to 47º 10’ South, and from longitude 166º 5’ East to 179º East. Gov Gipps of NSW was appointed Governor over "any territory which is or may be acquired in sovereignty by Her Majesty … within that group of islands in the pacific Ocean commonly called New Zealand". This was the first clear expression of intent to annex NZ.
Aug 15 Capt Hobson was appointed Consul to NZ and was authorised to negotiate with the Maoris for the recognition of the Crown’s authority "over the whole or parts of those islands which they may be willing to place under Her Majesty’s dominion". He was also appointed Lt-Gov (subordinate to Gov Gipps) over "that part of our Territory which is or may be acquired in Sovereignty in New Zealand". Although anticipatory, this shows a clear decision to incorporate all or parts of NZ in the Empire.
Jan 14, 1840 Gov Gipps proclaimed the Letters Patent of June 15, 1839, and announced the swearing-in of Capt Hobson, who had arrived in Sydney as Lt-Gov with his appointments and instructions. This is the date chosen by NZ legislators, in the English Laws Act of 1858, as the date English law became effective in NZ. The same date was acknowledged in the Supreme Court Act 1882.
Jan 29 Capt Hobson arrived in the Bay of Islands. Hobson was now drawing full pay for both his offices (Lt-Gov and Consul).
Jan 30 Hobson landed at Kororareka where he promulgated the Letters Patent of June 15, 1839. This was the first, undeniable, exercise of Crown authority in NZ.
Feb 6 The initial signing of the Treaty of Waitangi was on this day. NZ’s entry into the Empire hinged on this document as an effective legal instrument, the date of Feb 6 can only relate to those parts of Northland whose chiefs signed on that day. Some 450 other signatures – which did not cover all of NZ – were obtained over the next few months.
May 21 Possibly to forestall constitution making by the New Zealand Co at Wellington, Hobson proclaimed British sovereignty over the North Island by cession (the Treaty of Waitangi) and the South Island by discovery. (Hobson was unaware that one of his subordinates was collecting signatures to the Treaty in the South Island). This proclamation may have been beyond Hobson’s authority but Britain was empowered to ratify it retrospectively.
Jun 16 Before news on Hobson’s proclamation had reached Sydney, the legislative Council of NSW passed an Act to extend the laws of NSW to "Her Majesty’s Dominions in the Islands of New Zealand".
Aug 7 The British Parliament passed the New South Wales Continuance Act, authorising the Crown to make into a separate colony or colonies the islands of NZ which "now are or which hereafter may be" dependencies of NSW. As London had, as yet, received no word from Hobson, this statute reveals that the Letters Patent were never more than temporary expedient; NZ had always been seen as a separate colony. The fact that a statute was deemed necessary may indicate that the Colonial Office believed NZ to be a settled colony, not a colony acquired by a treaty.
Oct 2 Hobson’s dispatches, containing his proclamations on May 21, arrived in London on Sept 28. They were approved or ratified, by their official appearance in the Gazette on Oct 2. The Crown, and the Government, recognised NZ as a British territory.
Nov 16 Acting under powers granted in the New South Wales Continuance Act of Aug 7, 1840, the Queen made the islands of NZ a separate colony. This charter effectively promoted Hobson from Lt-Gov to Gov, authorised the appointment of a Legislative Council and an Executive Council and empowered the Governor to appoint judges. These Letters patent create or "erect" NZ as a colony, separate from NSW, and inaugurate NZ as a Constitutional entity.
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