Land Tenure in the Cook Islands
Protection and federation: 1888–983
Protection and federation: 1888–983
3 The Protectorate was declared over the inhabited islands of the Southern Group in 1888, and over all the remaining Cook Islands during the succeeding four years. The Protectorate lasted until 1901, but the direct administration of the group by New Zealand, though not provided for by statute until 1901, in fact began in 1898.
4 Previous to this time the principal actions taken by the navy in the group were to support European trading interests and discipline natives who interfered with them - see e.g. Lawrence to LMS 17.1.1887 SSR.
1 Bourke, Form of Proclamation 27.10.1888 CIA. While technically within the jurisdiction of the Western Pacific High Commission, the Commission was instructed not to interfere in administrative affairs in the group, thogh it was given a nominal judicial role. - Colonial Office to Governor 7.1.1895 CO 209 PRO.
2 Bourke to Admiralty 13.11.1888 CO 225 PRO.
3 E.g. see Moss to Governor 11.12.1893 NZPP A3 1894, and 25.4.1898 NZPP A3 1899.
4 Governor to Moss 25.2.1891 NZPP A1 1891. Moss informed the people of the Cook Islands accordingly. - Moss to Chiefs and People of the Cook Islands 22.4.1891 NZPP A3(a) 1891.
5 The jurisdiction of the British Resident and of the Federal Parliament was limited to the Southern Group.
6 The Resident acted as adviser to both bodies.
7 ‘A Law to Provide for the Good Government of the Cook Islands’ 1891.
The first provision of any kind to apply to more than a single island was the ‘Declaration as to Land’, which was made by the Federal Parliament in 1894 for all the Southern Group and which purported to lay down ‘the customs of the Maori in that matter from time immemorial to the present day’.1 The declaration did not take the form of legislation, and noted that it was ‘for each island to make its own laws’ in this regard. Local councils were constituted on Aitutaki and Mangaia and laws for peace, order and good government were passed.2 These made no specific reference to land tenure, but did provide for the appointment of judges and for hearings in open court.
1 ‘Declaration as to Land’ 1894.
2 ‘Law for the Future Government of Mangaia’ 1891; and ‘A Law to Provide for the Good Government of Aitutaki’ 1891.
3 Moss to Governor, October 1891 NZPP A3 1892.
4 Moss to Arikis and Governors and People of Aitutaki 28.9.1891 NZPP A3 1892.
5 ‘[Law] To Settle Disputes About Land’ 1891.
1 Though one of the judges of Aitutaki reported that he had ‘judged many land disputes’, but that there were many still outstanding. - Judge Te Taura to Moss 10.12.1891 NZPP A3 1892.
2 The names of members are listed in ‘A Law to Provide for the Good Government of Aitutaki’ 1891. I am indebted to Mr Mokoenga Kavana for details of the rank status of the members. The Mangaia Council consisted solely of ariki and ‘governors’. - ‘Law for the Future Government of Mangaia’ 1891.
3 ‘[Law] To Settle Disputes About Land’ 1891.
4 E.g. Moss to Governor 19.7.1892 NZPP A6 1893.
5 ‘Power of Pardon Act’ 1890.
6 ‘A Law to Establish a Supreme Court’ 1891.
1 ‘Land Occupants Act’ 1894.
2 Te Torea 19.10.1895. This proposal was similar to the system prevailing in Tonga, which Moss considered appropriate for the Cook Islands.
3 Ibid.
4 Moss to Governor 18.11.1895 NZPP A3 1896.
At the time he assumed office, Moss had complained that under the then existing system each ariki followed or disregarded the laws of his island at pleasure.3 The indications are, however, that the same situation applied at the time of Moss' departure from the island in 1898. Like the missionaries before him, he could only advise and persuade, for he had no compulsive power. In short, he could not have any significant effect on the actual balance of power in the society and accordingly although he could sometimes get legislation enacted, he could get it enforced only to the extent that it was acceptable to those who held the power in their hands. The Federal Parliament itself, which Moss had designed as a popularly elected body, was in fact invariably composed of appointees of the ariki and no election ever took place.4 The actual functioning of the Parliament and of such land laws as it passed served merely to make chiefly power more effective.
1 Te Torea 12.10.1895 and 19.10.1895.
2 Moss to Governor 18.11.1895 NZPP A3 1896.
3 Moss to Governor 17.1.1891 NZPP A3 1891.
4 Moss to Governor 17.10.1897 CO 209 PRO.
In his recommendations for modifications to land laws the British Resident aimed at security of tenure and increased productivity, but the most important of the reforms proposed by him (dealing with registered titles, rent commutation, and government control of land) were never adopted. Those which were adopted resulted in less security of tenure for commoners, though they may nevertheless have been a factor contributing to the increased production during the period, due to the increased chiefly power to organize and control production. This, however, was not the type of development which Moss had hoped to engender.