✨ Policy Dispatch on Land
THE NEW ZEALAND GAZETTE. 183
disputes of the Natives respecting the right to venience. I hold it therefore far more advisa-
land should no longer be settled by arms, and ble that Government should purchase terri-
that the occupation of land in severalty by the tories, than that individuals should purchase
Natives should be encouraged. But with properties, so that the line which separates
regard to the plan which is submitted to me the purchased lands on which European law is
for this purpose, I am bound to ask myself to prevail, from the unpurchased on which the
whether in case the decisions of the Governor Native usages will continue to subsist, though
in Council on titles to land should be resisted always advancing, will be broad and unequivocal.
by the Natives, the British Government are I also feel strongly the probability that the
prepared to promise such a military force as proposed tax of 10s an acre on every sale may
may be sufficient to enforce them. If any rouse the distrust of the Natives, and that the
such expectation could be held out, it would be proposed mode of sale while it encourages indi-
clearly necessary that the decisions which im- vidual land jobbing among one class of the
posed so much responsibility and expense on Natives, may irritate others who see the lands
the Home Government should be taken by an which have belonged to their tribe passing
officer solely responsible to that Government from within their reach without themselves
and not to the Colonists. If (as is the case) receiving their share of the profits.
no such expectation could be held out, it is
more than questionable whether the moral
influence of the European Government would
not suffer, by the issue of Certificates of title
which the Natives would be at liberty to disre-
gard with impunity.
It appears to me therefore in every respect
better that the establishment of tribal and other
titles, and the acquisition by individual natives
of property in severalty should be facilitated,
not by the issue of formal documents appearing
to rest on the authority and involve the gua-
rantee of the Government but by the cautious
enactment of rules respecting the occupation
of land which are contemplated in the second
section of the Act No. 41.
I perceive, however, that the proposed
scheme has a further object, and that it is
intended to furnish a means of ultimately
enabling individual colonists to purchase the
landed property granted in severalty to indivi-
dual Natives. There can be no doubt that the
passing of the present Act would be very
speedily followed by a change or rather revolu-
tion in the system of land purchase in the
direction indicated by your advisers. But
such a change I conceive to be in the highest
degree unadvisable. The present system of
land purchase appears, as far as I can judge, to
be understood and acquiesced in by the Natives,
and to be working well for the Colony, while
the pecuniary difficulty suggested by your
advisers is one which it is in the power of the
local legislature to provide against.
On the othe hand, the system of individual
purchase is, to say the least, opposed to the
spirit of the New Zealand Government Act
(15 & 16 Vic. C. 72, S. 73,), and it is open to
important objections in point of policy; it
offers no sufficient guarantee for the fairness of
the negociations which have preceded the
transfer; it invests the Government with a
discretion in respect of sanctioning purchases
which can scarcely be exercised without incur-
ring the suspicion of favouritism—it will en-
courage speculators to anticipate (and thus
obstruct) the progress of settlement by appro-
priating choice and commanding spots of land
within the Native territory, and induce an
intermixture of European with Native lands
calculated to cause confusion and incon-
If indeed the Imperial Government were
prepared to depart from the arrangements
already sanctioned, and to transfer the man-
agement of Native affairs from the Governor,
acting under instructions from this country
and through a Staff of permanent officers to an
officer responsible to the Colonists, and changing
with the Government, it might be considered
that the system of land purchase from the
Natives was to be decided upon by Colonial
and not Imperial authority. But this view of
the subject I am not able to accept; Her
Majesty's Government wish to give the
fullest effect to the system of Responsible Go-
vernment, and to leave all questions of domestic
and internal interest to be decided by the
Colonial Government, but they cannot either
for the sake of the Colonists or for that of the
Natives or for Imperial interests surrender the
control over Native affairs, the administration
of which has been up to the present time,
considering the difficulties and intricacies of
the subject, crowned with a very remarkable
success and is paving the way towards that
complete civilization and consolidation of the
Native race, with the English Colonists which
Her Majesty's Government not less than the
local Government desire to see effected. And
whilst Her Majesty's Government feel them-
selves constrained to justify to Parliament the
large expense which every year is incurred for
the maintenance of a Military force in New
Zealand for the defence of the Colony, and for
the better control and regulation of the Native
race, they must retain in their hands the ad-.
ministration of those affairs which at any mo-
ment may involve the employment of those
troops and the consequences of an expensive
conflict. So long as the Colony for this pur-
pose enjoys the advantage of Military and
Naval protection, Her Majesty's Government
cannot consent to yield a point which in their
opinion is so intimately connected with the
security of the Colony, the justice due to
Native claims, and the issues of Peace or War
itself.
Convinced, therefore, that the proposed Act
is calculated to effect hazardous alterations in a
system, the working of which does not at pre-
sent appear open to any practical objection, I
have been unable to recommend that this Act
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✨ LLM interpretation of page content
🏛️
Despatch detailing objections to proposed Native land purchase scheme and retention of Imperial control
(continued from previous page)
🏛️ Governance & Central Administration31 July 1859
Native land rights, individual purchase, Imperial control, policy objection, land jobbing, Colonial Act
NZ Gazette 1859, No 26