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

XV. Rev. J. A. Wilson, Church Missionary.—1860

XV. Rev. J. A. Wilson, Church Missionary.—1860.

As much controversy has arisen since the commencement of the present war concerning the right by which land is held among the aborigines, I beg to offer a few remarks illustrated by facts which at an early period in this country fell under my personal observation when acting as an agent of the Church Missionary Society. I refer to the purchase of land in four different localities in order to form missionary establishments.

The Natives of New Zealand assert their claim to lands on the following grounds: First, hereditary claims, which are the best; second, lands obtained by conquest, third, lands the titles of which are disputed or doubtful. These last claims are chiefly owing to marriage and intermarriage with other tribes. These various claims are either individual or tribal.

It is not within my reach to refer to the exact dates attached to the transactions I shall notice, the original deeds being in possession of the Government; yet I may mention that the first of these purchases was made at the Thames, at a place named the Puriri, about 1835. I was myself one of a small band of missionaries (four in number) who in the latter end of 1833 made the first attempt to christianize the Natives in this part of the Island; the Church Missionary Society having hitherto confined their efforts to the Bay of Islands and its neighbourhood.

The land on which the station at the Thames was formed was obtained from a woman named Tini. We found it was at her entire disposal either to retain or to sell it at pleasure, and no chief attempted to use the slightest control over her. The payment, which at that period consisted chiefly of clothing and ironware, &c., was arranged by herself, assisted by others. Part she took for herself; the rest was distributed among the tribe to which she belonged, or sent as presents to other tribes.

The Puriri having proved both unhealthy and inconvenient, about two years afterwards a second place was bought nearer to the sea. This also was sold by the same person. In this second purchase the following difficulty occurred, which will throw some light upon Native usage in the transfer of land amongst themselves. It was known that a chief named Koinaki and his clan were living by sufferance on the place she wished to part with, and, according to Native custom, there was no right existing that could eject them. It was at the option of these people to remain there for generations, or even till the tribe became extinct; on the other hand, those in possession had no power over the land, either to alienate or to dispose of it in any way. If they left it voluntarily, or were driven away in war, and the place lay desolate for any length of time, it was not in the power of the tribe who had left it to put any second party in possession, but it at once reverted to the hereditary heir. To get over the present embarrassment Tini made presents to Koinaki and his people, in consideration of which they withdrew from the land.

The next instance I shall observe on was the purchase of land for a missionary residence, &c., in the interior. In 1835 the Rev. Mr. Brown and myself formed a missionary establishment at Matamata, and we were desirous to secure land for a village, &c. Our houses were built, and part of the ground cleared and fenced before we made any direct application to Waharoa, the chief of all the Matamata Tribes. This person had no compeer in the surrounding districts, and was feared by all, from the banks of the Waikato to the Lakes of Rotorua. As the missionaries had been invited by this chief to Matamata, and were now living under his protection, they supposed it merely necessary to apply to him in order to be put in possession of the land they occupied. He told them, however, that the land was not his, and that he could not sell it; but, he added, he had land of his own opposite the pa (Native fortification), and that they should have that. This the missionaries declined, for, though only a mile distant, yet, as the pa might at any time be attacked and endanger the station, they preferred remaining on the site already chosen. The old chief, pressed by their importunity, consented at last to speak to the proprietor, Paringaringa, and shortly afterwards brought him to the settlement. He was a young man, and owned land in the vicinity of Matamata. He readily agreed to sell the place, and having arranged the price, he afterwards returned with his mother and one or two others, who at once removed the property to their own dwelling, without making any distribution to others. Waharoa, who was present, took two spades from amongst the different articles more as a token of friendship than a right, and the purchase was concluded.

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Other instances might be cited, but these appear sufficient to prove that, according to the primitive usages originally existing in this country, such a law as positive personal right to land was acknowledged.

But before quitting this subject to noticing tribal ownership, I shall take the liberty to insert a remark made by a Taranaki Native, who a short time since accompanied me down the waikato. I had observed to him that a number of the people in a tribe we had just passed were saved from instant death through the interposition of two Europeans about twenty-five years since, but that they had forgotten their benefactors. My companion for some time pulled on in silence; at last he said; "The Maori does not forget an obligation of this kind any more than the pakeha. The Europeans you speak of could not have been recognized, or they would not have been allowed to pass on without a welcome." Then, in order to illustrate the gratitude of his countrymen, he continued: "If, in former times, a rangatira (freeman, or gentleman) was dangerously wounded in battle, and was on the point of falling into the hands of the enemy; if, at such a moment, he was rescued by the valour of others, and who afterwards carried him to his home, his first thought after his recovery was, 'What can I give to my friends? I have no riches, but I have land. I will give them land. And he acted accordingly."

The two next cases I shall refer to relate to tribal claims. The first purchase was made by the missionaries at Tauranga, in the Bay of Plenty, during my residence among them. The land on which the station is situated was bought from the whole tribe of Ngaiterangi, the chiefs receiving payment before the people, which was by them divided according to the right of claim. The last I shall speak of was at Opotiki, eighty miles to the eastward of Tauranga, and situated in the same bay. This station was formed and conducted by myself alone for the first twelve years. The land at Opotiki was tribal, and belonged to a number of small clans who were jealous of each other, and always at variance. As it was not easy to adjust and divide the property given in exchange to the satisfaction of a thousand such claimants, I give the stipulated equivalent, which consisted of clothing, cattle, horses, ironware, and money, &c. (£300), to six or seven chiefs, and they arranged the distribution.

Thus, though in widely different parts of this country, we find the observance of the same rights; and I believe it will be found that the above precedents form the basis of the tenure by which lands are held amongst the aborigines.—[Letter to Governor Gore Browne, September, 1860.]