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 land thus offered for sale was estimated to contain about six
hundred acres, the whole of which had, in former years, been thickly
inhabited, and apportioned among a great many individuals and families.
It was therefore of the character comprised under our division No. 1.
Teira and those more nearly allied to him offered to sell the whole six
hundred acres, in opposition to the wish of Wi Kingi and others who
claimed rights in the land.
That Kingi and his party had substantial claims to portions of this
land, and that such was the original ground of his opposition to the
sale appears from several letters written by natives at the time as a
kind of protest, particularly from one written by Riwai Te Ahu in which
he says: “The reason why Wiremu Kingi and his party made so much
objection, when Teira proposed that the place should be sold to the
Governor, was the fear lest their land and ours should be all taken as
belonging to Teira.”
A chief of great influence well supported has no doubt frequently acted
as if he could dispose of large tracts of land without consulting others
who had rights included therein. But he never thought of asserting a
right to ignore _in toto_ the rights of others not parties to the sale.
On the contrary, the chief and they who had shared the purchase money
would say to other claimants who had not received any part of the
payment, either that they should be satisfied out of a future payment
(for it was a general, though an impolitic and bad custom, to pay by
instalments in such transactions), or that they might themselves apply
to the purchaser for payment of their interests, or that they might hold
fast to their own.
If before paying any part of the purchase money to Teira, he had been
required to mark out the boundaries of those portions of the six hundred
acres which he and his party claimed, the _onus probandi_ would have
been placed on the right man. It would then have been discovered that
those portions were detached and of various shapes and sizes, and in
some cases only to be approached by narrow paths, and that some of his
boundaries were disputed. For all which reasons what he could have
rightfully sold would have been of little value for the occupation of
our colonists.
But in addition to any claim of Wi Kingi and others whom he represented
to the ownership of portions of the six hundred acres offered for sale
by Teira, they had a further right not to be disturbed in their
holdings, which does not appear to have been considered at the time.
Public-domain text, read in full here on John Shaqi.
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