The Pamphlet Collection of Sir Robert Stout: Volume 10
[1862. General Assembly passed the Native Lands Act]
In 1862 the General Assembly passed the "Native Lands Act." The Manawatu block was excepted from the Act. Dr. Featherston then stated that he was in treaty for the block, which was simply untrue. Dr. Featherston, in a report dated June 30, 1866, states, that when speaking to the Native chief Ihakara of what passed in 1864, he himself said—" Nor was he (Ihakara) perhaps aware that the 'Native Lands Act' expressly excepts from its operation all lands on which purchase deposits nave been made by the Government. Now, although no deposit had yet been paid on the Rangitikei-Manawatu block, Ihakara could not deny that virtually it was already in the hands of the Commissioner. Ihakara would remember the meeting at Manawatu, when a formal offer of sale was made by himself and other representative chiefs, and accepted by the Commissioner on behalf of the Crown. He would remember on that occasion giving up to the Commissioner a carved club, in token of the absolute surrender of the land, subject to terms. It was only fair, therefore, to deal with the Rangitikei-Manawatu block as land under sale to the Government, although the final terms had not yet been arranged." The real reason for excepting the block may be found in the following extract from a letter dated—
"Wellington,August 26, 1851.
"There is a fine rich district of land situated between the Rangitikei and the Manawatu, the acquisition of which, in the course of a few years, will be found very desirable."
"I have, &c,
"(Signed)
Donald M'Lean,
"Land Commissioner."
"The Hon. the Colonial Secretary,
"&c, &c, &c."
In the exception clause we find "Be it enacted that all right of selection by the said Act conferred ("The Land Orders and Scrip Act, 1858") shall be exercisable within the block of land called "The Mauawatu Block," whenever the Native title to the said block shall have been ceded to Her Majesty, and not otherwise or elsewhere, &c" "Her Majesty the Queen of England confirms and guarantees to the chiefs and tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other, properties, which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession." It would appear that the General Assembly of New Zealand not only count but actually dispose of "their chickens before they are hatched," Her Majesty's "guarantee" to the contrary notwithstanding. All the documents published of late by the Government bearing upon the Manawatu question, and emanating from the Land Purchase Commissioner, are evidently intended to show that the "only possible solution of the dispute was an absolute sale of the whole of the land in dispute to the Crown." One may, perhaps, be pardoned for suggesting that any other solution of the dispute might have militated against the requirements of "The Land Orders and Scrip Act, 1858;" if so, then all Dr. Featherston's statements which appear so repeatedly in his reports about the prevention of bloodshed must be taken for so much execrable cant, manufactured in the Native Office, and published by the Minister of the doctrines of that most beauteous establishment.
The following is the exception clause:—
X. Extraordinary Provisions.
"LXXXII And whereas by an Act of the General Assembly of New Zealand intituled 'The Land Orders and Scrip Act, 1858,' it was provided that in certain cases within the Province of Wellington holders of Land Orders issued by the New Zealand Company and purporting to grant certain rights of selection should be entitled to select land in respect of such Land Orders within any blocks of land laid out by the New Zealand Company for selection at Manawatu or elsewhere within the said Province whenever the Native title to such blocks should be extinguished and by the same Act it was further provided that if the Superintendent of the said Province should set apart or reserve out of any of the said blocks lands for a township or otherwise as in the said Act mentioned then and in that case the holders of such Land Orders should be entitled to select land in respect thereof out of any land laid out as rural land within any district the Native title whereto should at the time or within two years afterwards be extinguished. And whereas by reason of the indefinite extent over which the rights of selection so conferred as aforesaid may be held to run disputes may hereafter arise as to how far such rights would interfere with the operation of this Act and for the purpose of preventing such disputes it is expedient to define and limit the exercise of such rights in manner hereinafter mentioned.
"Be it enacted that all rights of selection by the said Act conferred upon the holders of Land Orders of the New Zealand Company within the Province of Wellington shall be exercisable within the block of land called 'Manawatu Block'
"Bounded by a line commencing at the mouth of the Ohau River and passing with a bearing 99° to the Tararua and Ruahine Ranges to the source of the Oroua Eiver thence by a line bearing 282° to the Rangitikei River thence by the Eangitikei River to the sea coast thence by the sea coast to the commencing point.
"Whenever the Native title to the said block shall have been ceded to Her Majesty and not otherwise or elsewhere and the said block shall accordingly be and be deemed to have been excepted from the operation of this Act."
* Only a few days since Tamihana, son of Te Rauparaha, told the writer that the Ngatiraukawa had brought the whole of their present troubles upon themselves. He says they should have followed his father's advice and killed all the Ngatiapas. Not only, he says, did they spare them, but they restored to their former slaves (taurekareka) all the land north of the Rangitikei River.
The fact of the names of certain men of the Ngatiapa tribe appearing in some of the leases of portions of the block is made a great handle of by the Government. Mr. Fox in his memorandum dated Rangitikei, August 19, 1863, states:—" It is believed that most, if not all, of the leases were originally arranged with Nepia Taratoa, the principal chief of the Ngatirau-kawas, though members of other tribes are also parties to them, or some of them." The non-sellers state that the leases were drawn out at a time when the country was in a very disturbed state; that Nepia Taratoa, who was living on the side of the block nearest the Ngatiapa settlements, being anxious to conciliate them, wished them to have a portion of the rents; the majority of the chiefs, whilst disapproving of the arrangement, knowing the leases to be irregular and illegal, allowed the matter to pass, with the understanding that it did not interfere with the title to the land. Mr. Buller states, in his report dated December 31, 1862, which he repeats in his report dated 31st August, 1863:—"With the lapse of years the Ngatiapa have come to regard their claim as one of absolute right, in every respect equal to that of the present holders; while the latter, always regarding the Ngatiapa claim as one of sufferance, are disposed to ignore it altogether," The Ngatiraukawa chiefs give as the reason for their having been so kind to the Ngatiapas of late, that their Missionaries were always telling them that under the Christian law they were "all one flesh," victors and vanquished alike, and "urged them to act a generous part towards those who had been so harshly treated in past years." * Ngatiapa now say that Ngatiraukawa should go back to Maungatautari for their land. The Judges of the Native Lands Court ridicule Ngatiraukawa's claim to Maungatautari. Ngatiraukawa had better abide by the law of the Land Court, or between the two laws they are likely to go to the wall! They may now in their turn tell their Missionaries, to go and preach their "one flesh" doctrines to Dr. Featherston and the General Assembly.
* See Appendix, letter from Rev. S. Williams.