By Bruce Moon
Following my recent foray into the pages of Waikanae Watch a commentator has asked what was the legal basis for confiscation of land following tribal rebellions?
Following consultation with John Robinson, I can now give you an authoritative answer.
Governments have always held the right to punish rebels. That was true of British law and custom at the time. Tikanga is irrelevant; this was a British colony.
It was recognised that Maoris would take time to adjust to the new rule of law. Governor Grey discussed punishment of Hone Heke with Tamati Waka Nene following the northern rebellion, sometimes termed “Heke’s War” and decided against confiscation, which both recognised was within the powers of the Governor.
With such a precedent, it was sensible for the government to warn of confiscations should a rebellion continue. John Robinson has written of this in The Kingite Rebellion (2016):
“Such confiscations, authorized by the New Zealand Settlements Act of 1863, were consistent with British and international law, and were also customary within Maori lore (which no longer applied) where ownership could be based on take raupatu – the conquest, subjugation and displacement of the original occupants.”
It does show, I think, that Grey was a reasonable, fair and patient man. (Grey worked very hard to get the second Maori “king” Tawhiao to accept the return or purchase of land confiscated in the Waikato, but after much prevarication he refused.)
Nobody doubts that Govenor Grey was a reasonable, fair and patient man and truly believed that in confiscating land from Māori tribes deemed to have ‘engaged in open rebellion against Her Majesty’s authority’, was a good thing for both Maori and the Pākehā settlers who would occupy the 1.3 million hectares of confiscated land.
While “it was recognised that Maoris would take time to adjust to the new rule of law”, they had to wait over 100 years before their grievences were settled.
In following is taken from the Waikato Raupatu Claims Settlement Act 1995:
The Crown acknowledges that it acted unjustly and in breach of the Treaty of Waitangi in its dealings with the Kiingitanga and Waikato in sending its forces across the Mangataawhiri in July 1863 and in unfairly labelling Waikato as rebels.
The subsequent confiscations of land and resources under the New Zealand Settlements Act 1863 of the New Zealand Parliament were wrongful, have caused Waikato to suffer feelings in relation to their lost lands akin to those of orphans, and have had a crippling impact on the welfare, economy and development of Waikato.
In order to provide redress the Crown has agreed to return as much land as is possible that the Crown has in its possession to Waikato.
The Crown recognises that the lands confiscated in the Waikato have made a significant contribution to the wealth and development of New Zealand, whilst the Waikato tribe has been alienated from its lands and deprived of the benefit of its lands.
Suesue, nowhere did you refer to the indigenous people of NZ. NZ was settled as early as BC. The most known and discussed are the Waitaha. The Polynesian are a Johnny Come Lately who were basically washed ashore from shipwrecks. Forget about the great ocean going navigators it did not happen.
Where to from here. One Nation we all work together.
The alternative is to discover the forensic evidence to determine just who was first.
The end result is still One Nation we all work together.
Kenya gone, Rhodesia gone, Sth Africa going, NZ next. Misguided Maori sovereighnty will not save NZ. One Nation all working together will.