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The Pamphlet Collection of Sir Robert Stout: Volume 75

Purchase of Native Lands by Government

page 10

Purchase of Native Lands by Government.

From about the year 1823 (which is the date of the first recorded deed) until the 6th February, 1840, the date of the Treaty of Waitangi, lands in New Zealand were acquired by direct purchase from the Maoris by individual members of the white races. During the years 1837 to 1839, or about the time it became probable that the sovereignty of the islands would be assumed by the Queen, the greater number of these purchases were made, and they extended to most parts of the country. These purchases are technically known as "the Old Land Claims," and their total number (including pre-emptive claims), as estimated by Commissioner F. Dillon Bell in 1862, was 1,376, covering an area of about 10,322,453 acres, out of which large area grants were recommended for 292,475 acres. These figures have been slightly added to since, but not to any very large extent. The large area shown above was reduced on survey to about 474,000 acres, situated principally to the north of Auckland. The difference between the amount granted and the total area surveyed became what are termed "surplus lands of the Crown." It was held that the Native title had been fully extinguished over the whole area surveyed; but, as by statute the claimants could only be granted 2,560 acres each, the balance became vested in the Crown on the assumption of the sovereignty, the Native title having been fully extinguished.

In many cases the titles did not issue to those to whom the land was awarded, as they were compensated by scrip issued by the Government, with the understanding that such scrip was to be exercised in the purchase of Crown lands in the neighbourhood of Auckland, to which place it was desirable—so soon as the capital was founded—to draw a population. The lands thus paid for in scrip became Crown lands, and these, together with the surplus lands, have from time to time been disposed of by the Crown and settled on. The amount of scrip, &c., issued up to 1862 was over £109,000.

On the signing of the Treaty of Waitangi on the 6th February, 1840, the pre-emptive right of purchase from the Maoris was ceded to the Queen, and consequently private purchase ceased. This remained the law until the passing of "The Native Land Act, 1862," when, the Crown relinquished its right of pre-emption, whilst at the same time the purchase of Native lands for the Crown did not abate, but continued side by side with the private purchases up to the passing of "The Native Land Court Act, 1894."

From time to time since 1840 various sums were appropriated by Government or by Parliament for the acquisition of a Crown estate. Up to the date of passing of "The Native Land Act, 1862," these operations were conducted by officers of the Government specially appointed, who, from a knowledge of the Maoris, their customs and disposition, were successful in securing large areas of land page 11 for settlement. It must be conceded that their operations as a whole were successful, and that the number of disputed cases arising out of their labours was exceedingly small. The Waitara purchase is, however, here excluded, for there were reasons of general policy affecting that sale which did not prevail in other cases. This purchase was the ostensible cause of the war of 1860 and following years, but the motives which led to it were far deeper than the mere purchase of a few acres—there was a great principle at stake.

The difference effected in the mode of purchase by "The Native Land Act, 1862," was this: Previously, the title of the Maoris who were to receive payment for the land was decided by the Land Purchase officers; but the Act quoted set up a Court, presided over by able Judges, who determined the titles, which were afterwards registered in a special Court. Purchases have since been effected with the registered owners.

It is difficult to obtain figures showing the actual area acquired by the Crown from the Maoris up to 1870, but in round numbers it was 6,000,000 acres in the North Island; whilst the whole of the Middle Island, with the exception of reserves for the original Native owners, was acquired prior to the passing of "The Native Land Act, 1862." Stewart Island was purchased from the Native owners by deed dated 29th June, 1864.

The Native rebellion of 1860-1869 brought Native-land purchases, for the time being, practically to a standstill.

The Immigration and Public Works Acts of 1870 and 1873 appropriated £200,000 and £500,000, respectively, for the purchase of lands in the North Island; and these amounts have, up to the 31st of March, 1897, been augmented by further annual appropriations from the public funds and other loan-moneys, covering altogether a total expenditure since 1870 of £1,789,796, with the following results: Area finally acquired in the North Island from Natives, from 1870 to 31st March, 1897, 6,735,433 acres. Area under negotiation in the North Islapd on 31st March, 1897, 1,541,879 acres; interests therein finally acquired, 613,778 acres.