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

No. 3. — Memorandum from the Chief Protector of Aborigines on the Territorial Rights of Natives when in Captivity

No. 3.
Memorandum from the Chief Protector of Aborigines on the Territorial Rights of Natives when in Captivity.

Memorandum for His Excellency the Governor, showing that the New Zealanders do not forfeit their territorial rights by being carried into captivity or becoming captives.

1.The wife of Moka, one of the principal chiefs of the Bay of Islands, was a captive from Whakatane, of the Whakatohea Tribe. She had several children by Moka, the eldest of which was sent to Whakatane by his mother, to claim her territorial rights. His grandfather and uncles all acknowledged the equity of the claim, and the lands are held in trust for the children by their uncles. Had the chief Moka presumed to have claimed an acre of these lands in virtue of conquest the claim would have been treated with contempt.
2.Puhe, a Ngapuhi chief, captured the daughter of a respectable chief in the vicinity of the East Cape; he afterwards married her, and had a family by her. In consequence of some disagreement with his tribe, she advised him, and ultimately prevailed upon him, to leave his tribe and proceed with her to the East Cape to live upon her lands, where they at present reside were this chief to assume a right to these lands, grounded upon conquest, it would cost him his life. By his wife's consent and that of her friends he resides there; he is looked upon as an alien, and considers himself in the light of a voluntary exile.
3.Pata, a respectable chief from Maungatautari, near Waikato, was taken captive by the chief Tareha, of the Bay of Islands. Pata offered to sell to some Europeans a tract of country which he claimed near Waikato; doubts were expressed as to the validity of his claims, he being a captive. They were expressed to his capturer Tareha, who seemed astonished at the objections grounded upon his being a captive. Pata has since returned to take possession of these lands, and is now living thereon.
4.In the year 1839 the following captives, who had been living some years as such among the Ngapuhi chiefs—viz., William Hakopa, Abraham Koroka, Edward Wana, James Waiapu, with others whose names I do not now remember—these Natives all returned to their respective lands at East Cape and Poverty Bay; they retain their rank as chiefs, claiming their landed property. Many of them are ornaments to Christianity.page 6
5.A number of Natives, captives from Tauranga, Bay of Plenty, have from time to time returned to their friends, and their territorial claims have never been disputed by their countrymen on the ground that they were once captives.
6.I could add largely to this list were it necessary, in instances of the like usages amongst the Thames tribes, the Waikato, and other tribes, showing the return of the Natives from captivity, and their being placed in the same position they were in before their captivity. The cases I have alluded to all took place before the colonization of New Zealand, and long before anything of the New Zealand Company was known.
7.I have refrained from naming cases in connection with the New Zealand Company's settlements, although I have a distinct recollection of some cases in point there. In their first settlement a young man named Davis, a landholder now living at Wellington, was a captive from Ngapuhi, and his influence has often been used by the gentlemen of Wellington in times of trouble.

George Clarke,

Chief Protector Aborigines.

1st October, 1844.