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)
That the Crown in New Zealand recognised that it could not treat the
Native land--that is, the land over which the Natives had not given up
their rights of cession--as Crown in the fullest sense is plain from
various things done: (1) In 1862 the first Act to provide for the
ascertainment of the ownership of Native lands, and for granting
certificates of title therein, and for regulating the disposal of
Native lands was passed. The preamble is as follows: "Whereas by the
Treaty of Waitangi entered into by and between Her Majesty and the
chiefs of New Zealand, it was among other things declared that Her
Majesty confirmed and guaranteed to the chiefs and tribes of New
Zealand and the respective families and individuals thereof the full,
exclusive, and undisturbed possession of their lands and estates,
which they collectively or individually held so long as it should be
their desire to retain the same: And it was further declared that the
chiefs yielded to Her Majesty the exclusive right of pre-emption over
such lands as the proprietors thereof might be disposed to alienate:
And whereas it would greatly promote the peaceful settlement of the
colony and the advancement and the civilisation of the Natives if
their rights to land were ascertained, defined, and declared, and if
the ownership of such lands when so ascertained, defined, and declared
were assimilated as nearly as possible to the ownership of land
according to British law: And whereas with a view to the foregoing
objects, Her Majesty may be pleased to waive in favour of the Natives
so much of the said Treaty of Waitangi as reserves to Her Majesty the
right of pre-emption of their lands, and to establish Courts and to
make other provision for ascertaining and defining the rights of the
Natives to their lands, and for otherwise giving effect to the
provisions of the Act: And it is expedient that the General Assembly
of New Zealand should facilitate the said objects by enacting such
provisions as are hereinafter contained."
(2) When the natives committed rebellion or were guilty of
insurrection, a special Act was passed allowing the Governor in
Council to take their lands. See _inter alia_ the New Zealand
Settlements Act, 1863. A few of the sections may be cited: "2.
Whenever the Governor in Council shall be satisfied that any Native
tribe or section of a tribe or any considerable number thereof has
since the first day of January 1863 been engaged in rebellion against
Her Majesty's authority, it shall be lawful for the Governor in
Council to declare that the district within which any land being the
property or being in the possession of such tribe or section or
considerable number thereof shall be situate, shall be a district
within the provisions of this Act, and the boundaries of such district
in like manner to define and vary as he shall think fit."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account