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The Pamphlet Collection of Sir Robert Stout: Rare Volume

(B.) Page 1. — Policy of the New Zealand Government Directed to the Modification of the Tribal Tenure

page 31

(B.) Page 1.

Policy of the New Zealand Government Directed to the Modification of the Tribal Tenure.

Of lands (unoccupied by the settlers,) which have not a native owner, "there is not an acre in New Zealand" (Governor Browne, Parl. Papers, July 27th, 1860, p. 49.) Under these circumstances it is obvious that the tribal tenure, in a growing colony like New Zealand, is accompanied by many inconveniences. At all times "the Maori feels keenly the parting with his rights over the lands of his ancestors. The expressive words of the deeds of cession declare that under the bright sun of the day of sale, he has wept over and bidden adieu to the territory which he cedes to the Queen." (Mr. Richmond, ib. p. 166.) And during periods of abnormal disturbance, which recur with frequency among a partially reclaimed and semi-civilized people, such a tenure, in the hands of designing men, may become a barrier seriously obstructive even to the equitable extinguishment of native titles. It is therefore by no means a matter of surprize, that attempts should be made to relax the stringency of the system. The subject has been frequently before the General Assembly. The object of "The Native Territorial Rights Act, 1858," disallowed by Lord Carnarvon in the Despatch already quoted, was to enable the Governor in Council "to make free Grants, to a limited extent, to individual natives, of lands over which the native title shall have been ceded for the purpose." (Parl. Papers, July 27th, 1860, p. 64.) The individualization of native titles was also one of the objects proposed by the Bill of the Imperial Legislature in 1860. Again, in a message from the Governor to the Chiefs assembled at the Kohimarama Conference, dated July 18th, 1860, he says: "Some land might be held in common for tribal purposes, but he would like to see every Chief, and every member of his tribe in possession of a Crown Grant for as much land as they could possibly desire or use and in introducing this Message the Native Secretary (Mr. McLean), observed, "The Governor was most anxious that some means should be devised by the Chiefs now assembled in conference, to define Tribal Boundaries, and make such a sub-division of property among tribes, families, and individuals, as would page 32 secure to them their lauded rights on a more sure foundation than now existed." (New Zealander, Aug. 1, 1860.)

All these measures, it will he observed, assume the existence of the tribal right.

The relaxation of it, there is reason to believe, would be acceptable to a minority of the chiefs, and principally to those most Europeanized in their habits and pursuits. It is repugnant to the wishes of the great majority of the tribes. Be this, however, as it may, to any equitable and well advised scheme which, after fair negociation, is found to command the confidence of the Maori land owner, and to which his intelligent assent can be secured, there can be no reasonable objection.