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)
Referring to the Resolutions in the order submitted in a paper laid
before His Excellency the Governor by a deputation of Maori chiefs on
the 9th April: 1. The Treaty of Waitangi vested the _mana_ in Her
Majesty the Queen, and secures to the Natives their land. That treaty,
in its essential elements, has been faithfully kept by the colony. A
modification was made in it by which the Natives obtained the right of
selling their lands to persons outside the Government, whereas under
the treaty the Government had the sole right of purchasing Native
lands. This modification, the only one made in the treaty, was,
however, introduced at the request of the Maoris themselves. The
rights of the Maori people have been carefully preserved.
2. This appears to refer to section 71 of the Constitution Act, where
reference is made to Native councils. It must be observed, however,
that the section is not mandatory, as will be seen from the clause
itself, and from such terms as, "it may be expedient," and "should for
the present be maintained." Local self-government has been extended to
the Native people in the form of Committees under the Act of 1883.
These Committees have power to ascertain titles to Native lands, and
to hear and decide civil cases by agreement, and, in fact, may be said
to be Courts of Arbitration. Their usefulness is being proved, and a
large majority of the Native people appreciate them and are using
them. It has been found by experience, however, with regard to titles
to land, that there is often great jealousy of the committees, and
that the Natives prefer to have the land adjudicated on by the Land
Courts. (This remark applies also to Resolution 6.) If any other form
of Maori council than that which now exists is desired under the
clause of the Constitution Act referred to, it can only be obtained by
Act of Parliament of New Zealand.
No observations are necessary to Resolutions 3, 4, 5, 8, and 9.
Public-domain text, read in full here on John Shaqi.
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