The Treaty of Waitangi; or, how New Zealand became a British ColonyBuick, Thomas Lindsay
History
The Treaty of Waitangi; or, how New Zealand became a British Colony
Buick, Thomas Lindsay
New Zealand -- Politics and government; Treaty of Waitangi (1840)
But if the native tribes are permitted to
sell large tracts of land to individuals for a mere nominal
consideration, it is obvious that so much land will be thrown upon
the market as entirely to defeat the attempt to sell such lands as
the Crown may still retain, at a price sufficient to answer the
objects of the policy I have described.
The first and most important step which you will have to take with
the view of introducing a regular system with respect to the disposal
of land, will be to ascertain distinctly the ownership of all the
land in the colony. The extent and limits of all which is to be
considered as the property either of individuals, of bodies politic
or corporate, or of the native tribes, must in the first instance be
determined, and the whole of the remainder of the territory will then
be declared to be the Royal demesne. The results of this enquiry
must be carefully registered, and a regular record henceforth
preserved, showing to whom all lands in New Zealand belong. This
measure has been repeatedly and earnestly inculcated on your
predecessors, and I cannot too strongly repeat the same injunction.
Chapter XIII. of the Royal Instructions was devoted to placing into
legal phraseology the Minister's policy for "the Settlement of the
waste lands of the Crown" and Clause 9 of that Chapter more
particularly dealt with the method by which the native titles were to
be ascertained and recognised.
(9) No claim shall be admitted in the said land Courts on behalf of
the Aboriginal inhabitants of New Zealand to any lands situate within
the said islands, unless it shall be established, to the satisfaction
of such Court, that either by some Act of the Executive Government of
New Zealand as hitherto constituted, or by the adjudication of some
Court of competent jurisdiction within New Zealand, the right of such
aboriginal inhabitants to such lands has been acknowledged and
ascertained, or those from whom they derived the title, have actually
had the occupation of the lands so claimed, and have been accustomed
to use and enjoy the same, either as places of abode or tillage, or
for the growth of crops, or for the depasturing of cattle, or
otherwise for the convenience and sustentation of life, by means of
labour expended thereon.
Public-domain text, read in full here on John Shaqi.
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