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)
The Act of 57 George III. cap. 53 is entitled "An Act for the more
effectual punishment of murders and manslaughters committed in places
not within His Majesty's dominions." It sets forth--"Whereas grievous
murders and manslaughters have been committed at the settlement of the
Bay of Honduras in South America, etc.," "and the like offences have
also been committed in the South Pacific Ocean, as well on the high
seas as on land, in the Islands of New Zealand and Otaheite, and in
other Islands, countries, and places not within His Majesty's
dominions, by the Masters and crews of British ships, and other
persons who have for the most part deserted from or left their ships,
and have continued to live and reside amongst the inhabitants of those
Islands, etc.," and the Act then provides for the punishment of
offences so committed "in the said Islands of New Zealand and
Otaheite, or within any other Islands, countries, or places, not
within His Majesty's dominions, nor subject to any other European
State or power," etc.
The Statute 4 George IV. cap. 96, sec. 3 enacts that the Supreme
Courts in the colonies of New South Wales and Van Dieman's Land may
try offences "committed in the islands of New Zealand, Otaheite, or
any other Island, country, or place, situate in the Indian or Pacific
Oceans, and not subject to His Majesty or to any European State," if
such offences were committed by British subjects.
The Statute 9 George IV. cap. 83, sec. 4 repeats that enactment in the
same words, adding only that the punishment of the offence shall be
the same as if the crime had been committed in England.
The recognition by King William IV. of New Zealand as a substantive
and independent state is shown in the following narrative:
"On November 16 a letter to King William IV. from thirteen of the
chiefs of New Zealand was transmitted to Lord Goderich, praying the
protection of the British Crown against the neighbouring tribes and
against British subjects residing in the Islands. On June 14, 1832,
Lord Ripon despatched Mr. Busby as British Resident, partly to protect
British Commerce, and partly to repress the outrages of British
subjects on the natives. His Lordship sent with Mr. Busby a letter to
the chiefs, in which the King was made to address them as an
independent people. Their support was requested for Mr. Busby, and
they were reminded of the benefits which they would derive from 'the
friendship and alliance with Great Britain.'
"In the month of June 1832 a Bill was brought into the House of
Commons for the prevention of crimes committed by His Majesty's
subjects 'in New Zealand, and in other Islands in the Pacific not
being within His Majesty's dominions.' The Bill was rejected because
Parliament could not lawfully legislate for a foreign country.
Public-domain text, read in full here on John Shaqi.
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