The Treaty of Waitangi; or, how New Zealand became a British Colony

MAORI CHIEFS IN LONDON

Yesterday afternoon, a deputation of Maori chiefs, accompanied by numerous friends of the Aborigines' Protection Society, waited upon the Earl of Kimberley (Secretary of State for the Colonies) at the Colonial Office, for the purpose of seeking redress of grievances under which Native tribes, it is alleged, suffer in New Zealand. The Maori chiefs, three in number, were attired in English dress. They appeared intelligent men, one of them having his face much tattooed. Their names were Wiremu Puhi te Hihi, Hirini Taiwhanga, and Hakena Parore. There were present Sir T. Fowell Buxton; Mr. W. H. James, M.P.; Mr. T. Fry, M.P.; Sir Wilfred Lawson, M.P.; Sir D. Wedderburn, M.P.; Mr. W. Rathbone, M.P.; Mr. A. M'Arthur, M.P.; Mr. Alderman Fowler, M.P.; Mr. Brogden, M.P.; Mr. Cropper, M.P.; Mr. Thomasson, M.P.; the Bishop of Nelson, the Rev. T. Grace (late of New Zealand), Mr. Froome Talfourd, Mr. C. Hancock, Mr. W. Wilson, Mr. G. W. Rusden, Mr. Da Costa, Mr. F. W. Chesson (Secretary of the Aborigines' Protection Society).

Mr. F. W. Chesson read a letter from Bishop Abraham (the late Bishop of Wellington) in which he stated that in 1852, Sir John Packington, being the Colonial Minister, framed a Constitution for New Zealand absolutely ignoring the 60,000 Natives, who then outnumbered the English, and who were by the Treaty of Waitangi proclaimed to be as much subjects of the Queen as the English. No Native could vote unless he chanced to have a Crown grant, which only a very few had, and this was a direct violation of the treaty. It was not till about the year 1865 that four or five Natives were admitted into the Houses of Parliament.

The Bishop of Nelson then explained the objects the deputation had in view. He said the three Maori chiefs present had brought with them a petition to the Queen, signed by Native chiefs, asking for the investigation and redress of grievances under which they laboured, and they were desirous of presenting it to Her Majesty, at the same time requesting the acceptance of some presents, according to the Maori custom. They complained of the incarceration of Te Whiti and his people, who, it was alleged, were guiltless of any crime, and also that the reserve of land promised had not been properly secured to them. The treatment of Te Whiti was the more extraordinary considering how much had been condoned in the case of disloyal Natives, while throughout the whole of the disturbances he had never been in arms against the Government, but had prevented war, in the full confidence that his legal position and claim would be gone into.

The petition addressed to "The Good Queen of England and the Empress of India," and which saluted Her Majesty, "whose fame for graciousness had extended to all the nations of the world," as Mother of the Maori tribes, was then handed to Lord Kimberley.

Lord Kimberley asked whether the petition had been presented to the Governor or the Government of New Zealand.

The Bishop of Nelson – "I think it has not been so presented."

Lord Kimberley pointed out that the memorial ought to have been presented to the Governor and the Government of New Zealand in the first instance, in order to enable him to have their views on the question; and he remarked that under the present circumstances he could give no definite answer to the petition.

The three Maori chiefs then spoke in their own language, their statements being interpreted by the Rev. Mr. Grace. One of the chiefs (Hirini Taiwhanga) apparently understood a little English, although declining to converse in that tongue. Firstly, they complained that the Treaty of Waitangi had not been upheld, and urged that it should be maintained, and the English and Native races governed according to it; secondly, they desired that steps should be taken to unite more closely the English and the Native race, instead of the latter being treated by the former as a horse treated his enemy – kicking him away; and, thirdly, they were much concerned at the treatment to which their fellow-countryman, Te Whiti, was subjected, and they wished him to be set at liberty.

In reply to a question put by Lord Kimberley as to the reason why the petition had not been presented to the New Zealand Government —

Wiremu Puhi te Hihi said the omission was due to the haste the chiefs made to present the Petition to the Queen, as they had heard reports that her life had been attempted by assassins. He added that he was perfectly aware that Her Majesty had given the New Zealand Government power to deal with its domestic affairs, but he thought the Government at New Zealand had not acted as the Queen would have done under similar circumstances. He further stated that the Native grievances extended throughout the Island.

Lord Kimberley requested the interpreter to tell the chiefs that to pass over the Colonial Government, and to endeavour to induce the Imperial Government to act independently, would not tend to the union of the English and Native races.

One of the chiefs (Hakena Parore) said the chiefs had no wish to ignore the New Zealand Government, and they were doing their utmost to diminish drunkenness among the Native tribes by means of total abstinence societies.

Mr. Wilfrid Wilson (of New Zealand) said there was reason to believe that some of the Native chiefs who signed the Treaty of Waitangi were not the owners of land, and there was a large number of chiefs who owned land that did not sign the treaty.

Sir T. Fowell Buxton, having observed that a good deal might turn on the question whether the treaty was obsolete or not —

Lord Kimberley said the treaty was very simple, and provided that the possession of land was to be respected. It was not the duty of the Colonial Office to advise the Queen in reference to local matters like the present. The management of the land of New Zealand was absolutely handed over to the New Zealand Government, and the Queen was advised by the Ministers of the colony with regard to these matters, and not by himself, as there could not be two governments for one country. It had been decided, as more likely to conduce to the peace of the country, that the affairs of New Zealand should be managed at the colony rather than in Downing Street. He had a strong conviction that the course was right. The question now raised by the deputation appeared to be connected with confiscations arising out of wars, and the treaty would not be concerned in such confiscations, but the point was whether they were just. Having received the petition, he should transmit it to the Colonial Government, and ask them to state their views with regard to it. It might be thought desirable to issue another Royal Commission, but that step rested with the Colonial Government.

At the request of His Lordship, the Interpreter told the chiefs that the Queen took a great interest in the welfare of the Native population of New Zealand, and it was a matter of great satisfaction to Her Majesty that of late years there had been no wars or bloodshed between the two races, which was a happy omen for the future.

The deputation then retired.

The Premier to His Excellency the Administrator

Ministers have had under consideration the despatch from the Secretary of State, dated the 8th August last, enclosing copy of a memorial to the Queen from certain Maori chiefs of New Zealand, and inviting this Government to favour him with any observations they may wish to make thereupon.

The memorial professes to be signed "For the Native people of New Zealand." After full enquiry, Ministers have ascertained that but few Maoris were aware that such a memorial was to be presented; and that several of those who knew what was intended have no sympathy with the proceedings of Hirini Taiwhanga, from whom the memorial emanated.

Taiwhanga belongs to Nga-Puhi, the principal tribe in the northern part of the North Island. He is not a man of any rank; and he has no importance beyond what he has gained in consequence of his abilities and education. As an intelligent boy, he was educated under the direction of the late Bishop Selwyn; and, subsequently it being desired to push forward Native youths of promise, he was after due instruction appointed by the Government a licensed surveyor. The appointment was not a success; and in June 1872, his license was revoked, in consequence of malpractices, reported by the Inspector of Surveys and two Judges of the Native Land Court.

The Government had for several years been making efforts to establish schools in Native districts for the education of Maori children, and in 1877 Taiwhanga was appointed master of such a school at his native settlement Kaikohe. His remuneration was a capitation allowance; but his conduct in this position was so bad that the school had to be broken up. He neglected his work, absented himself from the school and from the settlement, and, by rendering grossly false returns of the number of children attending the school, he obtained money not due to him for capitation. Taiwhanga's conduct in other transactions has been equally open to condemnation.

The other two members of the deputation also belong to Nga-Puhi. One is a grandson and the other a nephew of Parore, a Nga-Puhi chief of high family and of great respectability. He is upwards of ninety years of age, and was induced by Taiwhanga to provide the money to take his relatives as a deputation to England to see the Queen. The men themselves are respectable, but have not taken a leading position in their tribe.

The only object in giving these particulars is to enable the Secretary of State to form an opinion as to the weight that should attach to the statements and proceedings of the deputation.

With regard to the "wrongs" detailed in the memorial, Ministers desire to point out that the first six have reference to transactions during the time Native affairs in New Zealand were under the control and management of the Imperial Government, through their officer, the Governor of the colony. A full history of these transactions will no doubt be found in the Parliamentary papers, Imperial and Colonial, in the Colonial Office; and on reference to such papers, it will be seen how little reason the Maoris have to complain.

The "wrong" standing as No. 7 in the memorial, has relation to a dispute between two tribes in reference to land, with which the Government of the colony had no connection, and for which they were not in any way responsible.

Nos. 8 and 9 refer to recent transactions, for which the Colonial Government were entirely responsible. A full account, and the justification of the Government's conduct, will be found in the documents from time to time transmitted through the Governor to the Secretary of State.

The special legislation referred to in the memorial as "unauthorised laws relating to Maori lands … not assented to by the Native chiefs in all parts of the Island," and as having no "basis in the Treaty of Waitangi," is not restrictive but enabling. The object of the Native Land Acts enumerated was to provide a special tribunal for the determination of Native title; to relieve the Maori owners from the monopoly held by the Government; and to enable them to sell their lands to whomsoever they pleased. In no way are the provisions of the Acts compulsory. The Maoris were and are at liberty to avail themselves of the powers conferred, or to abstain from doing so, at their pleasure.

It may be stated that, with the exception of lands confiscated for rebellion, no land whatever has been taken from the Maoris by the Government. With the exception stated, all lands acquired from Natives by Government have been acquired from willing sellers, and fully paid for. The £700,000 referred to has been paid to them, besides other large sums, for what was to them unprofitable waste.

The general legislation of the colony as to the Maoris has been more than just – it has been exceptionally favourable to them. When laws have been made applicable to the people of the colony, the object has in many instances been to except the Maoris from their stringency; and there is no instance in which they have been placed in a less favourable position than the European population. Of the many laws on the statute-book of the colony which bear out this statement, one illustration may be mentioned: the Maoris are specially exempted from all direct taxes on both real and personal property.

It may, indeed, with confidence be asserted generally that there is not, and has not been, anything on the statute-book of the colony, or in the conduct of the Colonial Legislature, as regards the Maoris, to which reasonable exception can be taken.

    Fred Whitaker.

Wellington, December 12, 1882.

His Excellency the Administrator to the Secretary of State for the Colonies

    Government House, Wellington,
    December 16, 1882.

My Lord – With reference to Your Lordship's despatch, No. 33, of 8th August 1882, transmitting a copy of a memorial to the Queen from certain Maori chiefs of New Zealand, and enclosing a newspaper extract giving an account of an interview held by Your Lordship with those chiefs, and several Members of Parliament and others, I have the honour to enclose a memorial from the Prime Minister, Mr. Whitaker, which he has forwarded to me in consequence of the invitation to him to make observations on the memorial, which invitation was conveyed to him by Your Lordship's directions, as already stated in my despatch, No. 88, of November 5, 1882. – I have, etc.

    James Prendergast.

The Right Hon. the Secretary of State for the Colonies.

The Secretary of State for the Colonies to His Excellency the Governor

    Colonial Office, Downing Street,
    February 17, 1883.S

Sir – I have the honour to acknowledge the receipt of your despatch, No. 102, of the 16th December last, transmitting a memorandum from the Prime Minister, Mr. Whitaker, on the subject of a memorial placed in the hands of my predecessor, by certain Maori chiefs of New Zealand for presentation to the Queen, complaining of alleged breaches by the New Zealand Government of the Treaty of Waitangi, and praying for the appointment of a Royal Commission in connection with the laws of the colony affecting the Maoris, and for the establishment of a Maori Parliament.

Having given these papers my attentive consideration, I request that you will cause the petitioners to be informed that their petition, which has now been reported on by the Colonial Government, has been laid before the Queen, who was pleased to receive it very graciously; but that I have been unable to advise Her Majesty to give any directions for a compliance with the prayer of the memorialists. – I have, etc.

    Derby.

The Officer administering the Government of New Zealand.

The Native Office to Parore te Awha and others

(Translation)

    Native Office, Wellington,
    April 17, 1883.

Friends – In reference to the petition which you and certain other Natives have addressed to Her Majesty the Queen, complaining of alleged breaches by the New Zealand Government of the Treaty of Waitangi, and praying for the appointment of a Royal Commission in connection with the laws of the colony affecting the Maoris, and for the establishment of a Maori Parliament, I am instructed to acquaint you that His Excellency the Governor has received a despatch, bearing date 17th February from the Secretary of State for the Colonies, upon the subject of your petition.