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
⁶⁴ Latterly a practice has been adopted of handing over the _mana_ of
their land to Matutaera, the Maori king, or to some influential
chief in whom they have trust, the object being to protect it from
clandestine sales, which have become frequent through the action
of speculators in land. The agents who act for men of capital who
enter into such speculations are always ready to offer an advance
of money as a deposit on land, and when a _Maori_, especially a
careless young man, visits our towns he is too often unable to
resist the temptation of gold to be had for the mere signature of
his name. When, however, such a transaction becomes known to the
tribe it gives rise to much heart burning and trouble; but the
thin end of the wedge being thus introduced ere long others follow
the example, till at length a sort of forced consent is obtained
to pass the land, to use the common phrase, through the Government
Land Court. It is therefore not to be wondered at that this Court
is not in good repute among them, more especially since they have
discovered that a large share of the purchase money is swallowed
up by costs for survey, costs of the Court, and lawyers’ fees.
Long before our colonists came to New Zealand land was of great value in
_Maori_ estimation, and was given and received as a suitable equivalent
or compensation in certain cases.
Thus when a peace was concluded between two tribes land was sometimes
given up as a sort of peace offering, but in a remarkably equitable
spirit, it was always the tribe that had suffered least who, in such
cases, gave some land to compensate the greater losses in war of the
other party.
Such a mode of making peace seems to have been adopted in case of civil
war between divisions of the same tribe, especially when waged with no
prospect of either party completely mastering the other, and with the
consideration of preventing both suffering such serious loss as would
render them unable to cope with a common foe.
Also, in cases of adultery a piece of land would be demanded by the
injured person; and his demand would be respected, for such was the
proper compensation for the injury—land for the woman. But then a
stratagem was sometimes employed, for when the injured man went to take
profession, he might find his right opposed by some of the owners of the
land who had purposely absented themselves from the conference whereat
it was given up. And this unfair practice has sometimes been seized on
as a precedent in their dealings with the _Pakeha_; for they have too
often shown a readiness to sell lands to which they had only a joint
right with many others, knowing well that those others would repudiate
their act.
_Descent of Land._
1. Male children succeed to their father’s land, female children to
their mother’s land.
Public-domain text, read in full here on John Shaqi.
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