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)
In the
judgment of the Privy Council in _Nireaha Tamaki v. Baker_ (1901, A.C.
561), importance is attached to these and similar declarations in
considering the effect of colonial legislation. There the whole of the
legislation from the date of the constitution is summarised. This
summary includes the principal colonial Acts. Referring to section 5
of "The Native Rights Act, 1865," their Lordships say: "The
Legislation, both of the Imperial Parliament and of the Colonial
Legislature is consistent with this view of the construction of 'The
Native Rights Act,' and one is rather at a loss to know what is meant
by such expressions as 'Native title,' 'Native lands,' 'owners,' and
'proprietors,' or the careful provision against sale of Crown lands
until the Native title has been extinguished, if there be no such
title cognizable by the law, and no title therefore to be
extinguished." I might refer further to less precise but equally
important expressions, such as "tribal lands," in "The Native Land
Act, 1873," section 21. The various statutory recognitions of the
Treaty of Waitangi mean no more, but they certainly mean no less than
these recognitions of native rights.
[195] Tawhaki, the God-man, whose name frequently occurs in all the
ancient mythology of the Maori race.
[196] Rain and wind--figurative expressions denoting wars and tumults.
[197] Te Wherowhero Potatau, the first Maori king.
[198] Tawhiao, the second Maori king.
[199] A Total Abstinence organisation.
THIS RELIC OF THE TREATY CAME INTO THE AUTHOR'S POSSESSION AFTER
THE VOLUME WAS PRINTED AND IS NOW INSERTED AS A SUPPLEMENT.
_No te 30 o nga ra o Hanuere, 1840_
_E taku hoa aroha,_
_Tenei ano taku ki a koe; na, tenei ano tetahi kaipuke manawa kua u
mai nei, me tetahi Rangatira ano kei runga, no te Kuini o Ingarani ia,
hei Kawana hoki mo tatou. Na, e mea ana ia, kia huihuia katoatia mai
nga Rangatira o te Wakaminenga o Nu Tireni, a te Wenerei i tenei wiki
tapu e haere ake nei, kia kitekite ratou i a ia. Koia ahau ka mea atu
nei ki a koe, e hoa, kia haere mai koe ki konei ki Waitangi, ki taku
kainga ano, ki tenei huihuinga. He Rangatira hoki koe no taua
Wakaminenga tahi. Heoi ano, ka mutu taku._
_Naku,_
_Na tou hoa aroha,_
_Na te PUHIPI._
_KI A TAMATI WAKA NENE._
TEXT OF THE INVITATION SENT TO TAMATI WAKA NENE TO ATTEND THE
MEETING OF CHIEFS AT WAITANGI, 5TH FEBRUARY, 1840.
(ORIGINAL IN THE AUCKLAND MUSEUM).
TRANSLATION
(By H. M. STOWELL).
_Of the 3Oth day of January, 1840._
_O my dear friend._
_Herewith something special from me to you. A Man-o-war vessel has
called here particularly, with a certain Chief on board. He is sent by
the Queen of England, as a Governor for us._
_Now, he desires that as many representative New Zealand chiefs as
possible be gathered together by Wednesday of next week to see him._
Public-domain text, read in full here on John Shaqi.
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