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)
Ministers are of opinion that they would least embarrass Her Majesty's
Government by referring only to the period since 1865, when Her
Majesty's troops were removed, when for the first time the colony was
left to manage the Natives without interference by the representatives
of Her Majesty in the colony. It is quite certain that since that
period there has been no infraction of the Treaty of Waitangi. As it
is clear that if there was an infraction previously Her Majesty's
Government and Imperial funds would be liable for the same, Ministers
deem it more respectful not to express an opinion on the subject, but
to leave Her Majesty's Advisers in Great Britain to arrive at their
own conclusions.
As to the provisions of section 71 of the Constitution Act (15 and 16
Vict. cap. 72), Ministers would remark that it appears from the very
terms of the section that the Imperial Parliament contemplated that
that section should only be used for a short time and under the then
special circumstances of the colony. The words used in the section
are, "It may be expedient," "Should for the present be maintained." So
far as allowing the laws, customs, and usages of the Natives in all
their relations to and dealings with each other to be maintained,
Ministers would point out that this has been the policy of all the
Native Land Acts. The Courts that have to deal with Native land--and
it is the land that to the Natives seems the most important--decide
according to Native customs or usages (_vide_ "Native Land Courts Act,
1880," section 24; see also sections 5 and 6 of "The Native Lands
Frauds Prevention Act, 1881," and section 6 of "The Native Land Laws
Amendment Act, 1883").
Regarding the proclamation of Native districts the County of Waipa is
practically a Native district, and if the Natives desired such a form
of local government as the Counties Act affords, there would be no
difficulty in granting their request by the Colonial Parliament. What,
however, the petitioners desire is really the setting-up of a
Parliament in certain parts of the North Island which would not be
under the control of the General Assembly of New Zealand. Seeing that
in the Legislative Council and the House of Representatives the
Natives are represented by able chiefs, and that they have practically
no local affairs to look after that cannot be done by their
Committees--local bodies recognised by the Government--Ministers do
not deem it necessary to point out the unreasonableness and absurdity
of such a request.
Public-domain text, read in full here on John Shaqi.
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