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)
Copies of the treaty were taken to various parts of both islands, and
the chiefs throughout New Zealand signed it, and to the present day
the treaty is regarded as their Magna Charta. The Lieutenant-Governor
on the 21st May 1840 issued a proclamation, proclaiming and declaring
that after the date of the treaty the full sovereignty of the North
Island of New Zealand vested in Her Majesty, Queen Victoria, her heirs
and successors for ever.
A further proclamation was issued on the same day proclaiming and
declaring that all the Islands of New Zealand vested in Her Majesty,
that is, including all country between 34° 30´ north to 47° 10´ south
latitude and between 166° 5´ to 179° east longitude. A mistake was
made in this proclamation in that it proclaimed from 34° 30´ north
instead of as was intended 34° 30´ south. The ground of the
proclamation over the South Island was that of discovery. Since then
it has been recognised that the lands in the islands not sold by the
natives belonged to the natives. All the old authorities are agreed
that for every part of land there was a native owner. Two authorities
may be cited. Bishop Selwyn said as follows: "Three points then seem
to be clear on this subject: (1) That there was originally a distinct
owner for every habitable spot in the Northern Island: (2) That these
claims have been complicated by the obvious causes of inheritance and
marriage without forms of conveyance or bequest: (3) That the rights
of ownership whether in one or many joint proprietors were not
alienable without the consent of the tribe."
The late Sir William Martin, formerly Chief-Justice of New Zealand,
said: "So far as yet appears the whole surface of the islands, or as
much of it as is of any value to man, has been appropriated by the
natives, and, with the exception of the part they have sold, is held
by them as property. Nowhere was any piece of land discovered or heard
of (by the commissioners) which was not owned by some person or set of
persons.... There might be several conflicting claimants of the same
land: but however the natives might be divided amongst themselves as
to the validity of any one of the several claims, still no man doubted
that there was in every case a right of property subsisting in some
one of the claimants. In this Northern Island at least it may now be
regarded as absolutely certain that, with the exception of lands
already purchased from the Natives, there is not an acre of land
available for purposes of colonisation, but has an owner amongst the
Natives according to their own customs."
Public-domain text, read in full here on John Shaqi.
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