Maori Religion and Mythology: Illustrated by Translations of Traditions, Karakia, &c., to Which Are Added Notes on Maori Tenure of LandShortland, Edward
Religion
Maori Religion and Mythology: Illustrated by Translations of Traditions, Karakia, &c., to Which Are Added Notes on Maori Tenure of Land
Shortland, Edward
Land tenure (Māori law); Mythology, Maori; Māori (New Zealand people) -- Religion
The chief of any family who discovered and took possession of any
unoccupied land obtained what was called the _mana_ of the land. This
word _mana_, in its ordinary use, signifies power, but in its
application to land corresponds somewhat with the power of a Trustee.
Thus _mana_ gave a power to appropriate the land among his own tribe
according to a well recognized rule which was considered _tika_ or
straight. Such appropriation, however, once made, remained in force, and
gave a good title to the children and descendants of the person to whom
it had been thus appropriated. The _mana_ of the acknowledged
representative of the tribe had then only power over the lands remaining
unappropriated, which power was more especially termed the _mana rahi_
or great _mana_—the _mana_ over appropriated land being with the head of
the family in rightful possession. In course of time quarrels and wars
arose between different tribes, so that tribes nearly allied to each
other united for mutual defence and protection; and all the _Maori_ of
New Zealand came to be divided, for this purpose, into a few large
tribes, each representing generally the crew of one of the various
canoes composing the migration from Hawaiki. These being frequently at
war with each other, it came to pass that every man who did not belong
to a particular tribe was considered in respect to it as a _tangata ke_
or stranger.
It has been affirmed by many on presumed good authority that no member
of a tribe has an individual right in any portion of the land included
within the boundaries of his tribe. Such, however, is not the case, for
individuals do sometimes possess exclusive rights to land, though more
generally members of families, more or less numerous, have rights in
common to the exclusion of the rest of the tribe over those portions of
land which have been appropriated to their ancestors. Their proverbs
touching those who wrongfully remove boundary-marks show this, if other
evidence were wanting.
The lands of a tribe, in respect to the title by which they are held,
may be conveniently distinguished under two comprehensive divisions.
1. Those portions which have been appropriated, from time to time, to
individuals and families.
2. The tribal land remaining unappropriated.
Whenever land is appropriated formally by native usage, it descends in
the family of its first owners according to well recognized rules, and
the _mana_ of the representative of the tribe ceases to have any control
over it. Their laws as to succession naturally tended to render the
greater part of such lands the property of several of the same family as
tenants in common; but an individual might and did frequently become a
sole owner.
The tribal lands never specially appropriated belonged to all under the
_mana_⁶⁴ or trusteeship of the tribal representative.
Public-domain text, read in full here on John Shaqi.
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