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An Epitome of Official Documents Relative to Native Affairs and Land Purchases in the North Island of New Zealand

XIII. Mr. Edward Shortland, formerly Protector of Aborigines.-1844

XIII. Mr. Edward Shortland, formerly Protector of Aborigines.-1844.

The spot where each canoe (of the migration) was finally drawn to land was taken possession of by the crew, who spread themselves from that centre over the more fertile districts till they became a numerous tribe. Each of the grand divisions under which the Natives of the Northern Island may be classed has its own characteristic dialect, and it seems probable that the term waka (canoe), which is also used to denote these primary divisions, has reference to that origin of the tribes. At the present day these wakas are divided into many distinct iwi, each of which is subdivided again into hapu or smaller communities. The territory claimed by a waka is subdivided into districts, each of which is claimed by an iwi. These, again, are variously apportioned among the different hapus and families of chiefs. In the immediate vicinity of a pa the land is more minutely subdivided between its inmates, nearly every person having his own small cultivation-ground, or holding some spot in common with other members of his family. This circumstance renders it difficult to purchase lands once so occupied, even though the pa may have been deserted for many years, as every man whose ancestors cultivated there will expect his claim to be satisfied.

The chiefs are the principal landholders. Every individual, however, as far as I have been able to learn, has his own estate, which he has inherited from his branch of the family, and which he cultivates as he pleases. The sons of a chief may, during his lifetime, select kaingas or farms from their father's estate, but the larger portions are cultivated in common by the different members of the family. On the death of the father the eldest son chooses some part of the lands for himself; the others do the same; the daughters obtaining only so much as their father or brothers choose to leave them. This order of things is sometimes changed in case the elder brother is of a quiet disposition and the younger brother happens to be a toa, or turbulent fellow. A chief, when speaking of the title by which he holds his lands, never fails to make a distinction between those which he has inherited and those which he or his ancestors have obtained by conquest; over the former his right is universally recognized, the latter appear to be tenable only so long as the party in possession are the most powerful. The claim which he advances is, however, quite characteristic—viz., that the lands are the utu or compensation for the death of his relations who perished in the fight. It is from purchasing lands the right to which is thus contested by two hostile parties, either of whom will gladly avail himself of an opportunity to sell independently of the other, that Europeans have unwarily fallen into so many difficulties.

Besides the lands thus held, there are large districts on the borders of different tribes which remain uncultivated. These kainga tautohe (debatable lands) are a never-failing cause of war till one party has lost its principal men. When a dispute arises between members of the same tribe as to who is page 25the rightful owner of a piece of land, the principal persons on both sides meet together to discuss the affair: their pedigrees are traced, and the ancestor from whom either party claims is declared; and proof that any act of ownership (such as cultivating, building a house, setting pit-falls for rats, or making eel-weirs) was once exercised without opposition by one of their ancestors, is considered sufficient evidence of the right of his descendants to the land. I have been present during such discussions, but have never known them terminate in an orderly manner, nor have since learnt that any advance has been made thereby towards settling the question.—[Report to Chief Protector: in Parl. Papers; 29th July, 1844]