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)
With regard to the "wrongs" detailed in the memorial, Ministers desire
to point out that the first six have reference to transactions during
the time Native affairs in New Zealand were under the control and
management of the Imperial Government, through their officer, the
Governor of the colony. A full history of these transactions will no
doubt be found in the Parliamentary papers, Imperial and Colonial, in
the Colonial Office; and on reference to such papers, it will be seen
how little reason the Maoris have to complain.
The "wrong" standing as No. 7 in the memorial, has relation to a
dispute between two tribes in reference to land, with which the
Government of the colony had no connection, and for which they were
not in any way responsible.
Nos. 8 and 9 refer to recent transactions, for which the Colonial
Government were entirely responsible. A full account, and the
justification of the Government's conduct, will be found in the
documents from time to time transmitted through the Governor to the
Secretary of State.
The special legislation referred to in the memorial as "unauthorised
laws relating to Maori lands ... not assented to by the Native chiefs
in all parts of the Island," and as having no "basis in the Treaty of
Waitangi," is not restrictive but enabling. The object of the Native
Land Acts enumerated was to provide a special tribunal for the
determination of Native title; to relieve the Maori owners from the
monopoly held by the Government; and to enable them to sell their
lands to whomsoever they pleased. In no way are the provisions of the
Acts compulsory. The Maoris were and are at liberty to avail
themselves of the powers conferred, or to abstain from doing so, at
their pleasure.
It may be stated that, with the exception of lands confiscated for
rebellion, no land whatever has been taken from the Maoris by the
Government. With the exception stated, all lands acquired from Natives
by Government have been acquired from willing sellers, and fully paid
for. The £700,000 referred to has been paid to them, besides other
large sums, for what was to them unprofitable waste.
The general legislation of the colony as to the Maoris has been more
than just--it has been exceptionally favourable to them. When laws
have been made applicable to the people of the colony, the object has
in many instances been to except the Maoris from their stringency; and
there is no instance in which they have been placed in a less
favourable position than the European population. Of the many laws on
the statute-book of the colony which bear out this statement, one
illustration may be mentioned: the Maoris are specially exempted from
all direct taxes on both real and personal property.
It may, indeed, with confidence be asserted generally that there is
not, and has not been, anything on the statute-book of the colony, or
in the conduct of the Colonial Legislature, as regards the Maoris, to
which reasonable exception can be taken.
FRED WHITAKER.
Public-domain text, read in full here on John Shaqi.
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