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APPENDIX

The following petitions to the late Queen are interesting as being the more recent protests of the Maoris against what they regard as breaches of the Treaty of Waitangi. The Memorandum and correspondence which follow may be taken as the official answers to the grievances as alleged in the petitions.

The subjoined judgment of the Chief Justice, and the extracts from the other judgments delivered in the Court of Appeal in the case of Tamihana Korokai, October 1912, are of value as affording us the most recent judicial interpretation of the Treaty of Waitangi.

PETITION FROM MAORIS TO THE QUEEN

The Earl of Kimberley to His Excellency Sir A. H. Gordon, G.C.M.G

Downing Street, August 8, 1882.

Sir – I have the honour to transmit to you, to be laid before your Government, a copy of a memorial to the Queen, which was handed to me by certain Maori chiefs, complaining of alleged breaches by the New Zealand Government of the Treaty of Waitangi, with a printed translation of the same, which I received in a letter from the Rev. P. Walsh of Parnell, Auckland. I also enclose a newspaper extract, which gives a brief but fairly accurate account of an interview which I held with these chiefs and several members of Parliament, and others who accompanied them on the occasion.

I request that you will lay these papers before your Government. You will invite them to favour me with any observations they may wish to make in regard to the memorial. – I have, etc.,

Kimberley.

The Hon. Sir A. H. Gordon.

To Her Majesty Victoria, the Good Queen of England, and the Empress of India, Greeting

Go forth, O our messenger, on the soft airs of affection to remote lands, across the ocean that was trodden by Tawhaki,¹⁹⁵ to Victoria, the Queen of England, whose fame for graciousness has extended to all the kingdoms of the world, including New Zealand. O Mother, the receiver of the sentiments of the great peoples and the small peoples under the shade of your authority, Salutations! May the Almighty preserve you on your Throne, and may men applaud you for your goodness to your peoples living in these Islands, who are continually directing their eyes toward you, the mother who is venerated by them.

O Mother, the Queen! on account of the desire to protect these Islands, your father sent hither, in 1840, Captain Hobson. At that time the enlightened administration of England was discovered by us, and the Maori chiefs came to the conclusion that England, in preference to other countries, should be the protector of New Zealand – to protect and cherish the Maori tribes of New Zealand. The conclusion brought about the treaty of Waitangi, and the appointment of the first Governor, Captain Hobson.

In consequence of the ignorance of some tribes, including Hone Heke, the flagstaff was cut down at Maiki, Bay of Islands, for the tribes in question imagined that the flag was the symbol of land confiscation. Nevertheless, there was no blood in the flagstaff which had been cut down, making it needful to raise armies to fight the Maoris. If the Native chiefs had been summoned to a conference at that time, and matters had been explained to them, there would have been no war; but the Europeans flew as birds to make war against Heke, which brought about the blood-shedding of both Europeans and Maoris.

In the year 1860 another evil was brought upon the Maori tribes by the Governor himself, who, without any grounds, drove Wiremu Kingi from his own lands at Waitara, and this war about land renewed the shedding of both European and Maori blood. On this occasion, O Mother, the Queen! the grievous lamentation of this Island was raised, and you recalled, in consequence, Governor Gore-Browne, whose administration closed here. It was said by the Europeans that William King did wrong in opposing the Governor; that if William King and party had appealed to the Supreme Court, the Government act in that case would have been condemned. Hence the knowledge of the Taranaki tribes taking up that opinion, and retaining it up to the capture of Te Whiti and others, who did not oppose in fight the Government when it went with an army to Parihaka, to enkindle Maori strife, thereby endeavouring to find a basis to make the Maoris do wrong, and then confiscate their lands.

In the year 1862, you, O Queen, sent hither Governor Grey to calm down the rain and the wind,¹⁹⁶ so that the sea of both races should be still. Governor Grey possessed much wisdom: he understands the Maori language, also the Maori customs. Notwithstanding, when he came the second time as Governor of these Islands, he rushed hastily away to Taranaki, and gave instructions for road-making on Maori territory, thereby bringing about a war and the slaying of many of both races. In the year 1863 the war was carried into Waikato, and the Maoris throughout the Island were unaware as to the reason why war had been made on the Waikato. Now, O Queen, the Waikatos had formed a land league, in accordance with the Treaty of Waitangi, to preserve their native authority over the land, which principle is embodied in the treaty.

O, the Queen! you do not consider that act of retaining their land to be unjust; but the Government of New Zealand held it to be wrong, inasmuch as war was declared against the Waikatos, and the confiscation of their land followed, although the Waikatos had no desire to fight – the desire came from the Governor and his council. When the Waikatos were overpowered, armies of soldiers went forth to engender strife against the Maoris at Tauranga, at Te Awa-o-te Atua at Whakatana, at Ohiwa, at Opotiki, at Turanganui, at Ahuriri, at Whanganui, at Waimate, and various other places. The motive impelling the projectors of these deeds to execute this work was a desire to confiscate the Maori lands, and to trample under the soles of their feet the Treaty of Waitangi. While these proceedings were being carried out, the weeping people wept, the lamenting people lamented, the agonised people were in agony, the saddened people were in sadness, while they held the Treaty of Waitangi as a basis on which the voice of the Maoris could be made known to you, O Queen.

But the people of New Zealand declared that the fighting and the confiscation of land which brought calamity, and made your Maori children orphans, were sanctioned by you, O Queen. We did not believe the utterances of the Europeans as to the wrongs we suffered, that they were brought upon us by your queenly authority; but our decision was that such acts were not sanctioned by you, O Queen, whose benevolence towards the Maori people is well known. The disorderly work referred to has been carried into practice, so that a path might be opened up to Europeans to seize Maori lands.

In the year 1881, a new plan was devised by the Government to enkindle strife in respect to the Maoris. Armies were sent to Parihaka to capture innocent men that they might be lodged in prison; to seize their property and their money, to destroy their growing crops, to break down their houses, and commit other deeds of injustice. We pored over the Treaty of Waitangi to find the grounds on which these evil proceedings of the Government of New Zealand rested, but we could find none. Some of the European inhabitants of this Island disapproved of these injurious doings to Maori men; and it was vaguely rumoured that Sir Arthur Gordon, the Governor, refused to approve of these acts. Many other evils have been discovered by our hearts, therefore have we considered right, O Mother, the Queen, to pray that you will not permit increased evils to come upon your Maori children in New Zealand, but to graciously sanction the appointment of a Royal English Commission to abrogate the evil laws affecting the Maori people, and to establish a Maori Parliament, which shall hold in check the European authorities who are endeavouring to set aside the Treaty of Waitangi; to put a bridle also in the mouth of Ministers for Native Affairs who may act as Ministers have done at Parihaka, so that all may be brought back to obey your laws; and to prevent the continued wrongs of land matters which are troubling the Maori people through days and years; and to restore to the Maoris those lands which have been wrongfully confiscated according to the provisions of the Treaty of Waitangi; and to draw forth from beneath the many unauthorized acts of the New Zealand Parliament the concealed treaty, that it may now assert its own dignity.

In this year, 1881, we, O the Queen, built a House of Assembly at the Bay of Islands, and the great symbol therein is a stone memorial, on which has been engraved the articles of the Treaty of Waitangi, so that eyes may look thereon from year to year. Two invitations were sent to the Governor, requesting him to unveil the stone Treaty Memorial. He did not accede to the request. Perhaps his disinclination arose from the fact that the Europeans had disregarded the principles embodied in the treaty, because in you, O Queen, is vested the sole authority affecting the Waitangi Treaty. Should you authorize, O Mother, the Queen, the appointment in England of a Royal English Commission, under your queenly seal, to investigate the wrongdoings of both races, then will you rightly be informed, O Mother, as to what is just and what is false.

It is believed by us, O Queen, that you have no knowledge as to the deeds of wrong that gave us so much pain, and which create lamentation among the tribes; but if, in your graciousness, a Maori Parliament is set up, you will, O Queen, be enabled clearly to determine what is right and what is wrong, what is evil and what is good, in the administrations of the two races in these Islands.

O Mother, the Queen, there are no expressions of disaffection towards you by the Maori tribes, including the tribes of the King; but they revere, only revere your Majesty; and the search after you, O Queen, has induced us to send this petition to England by the hands of the persons appointed by our Committee, who will see your very countenance and hear your words.

O Mother, the Queen, do not suppose that the sufferings under which we labour are light. Many wrongs are felt by various tribes, but the following are some which have come under our own notice: – (1) The fighting between the Maoris and the New Zealand Company in the year 1841-42 was brought about by land disputes, and Mr. Wakefield fell in the strife. (2) The war against Te Rangihaeata in the year 1842-1843: a land dispute also was the origin; and some of Rangihaeata's people were wrongly executed, their deaths being opposed to the English law, and contrary to the principles of the Treaty of Waitangi. (3) The war against Heke and Kawiti in 1844-45, caused by land sales and the withholding of the anchorage money at Bay of Islands, was contrary to the second article of the Treaty of Waitangi. (4) The fighting between the chiefs Te Hapuku and Te Moananui in 1848-1849 brought about by land purchasing on behalf of the Government. (5) The war against Wiremu Kingi on account of the block of land named Waitara, at Taranaki. (6) The war against the Waikatos in 1863, extending to the year 1870. (7) The fight among the Ngatitautahi tribe in 1879, four Natives killed, the strife being occasioned by the land purchases of Government, a portion of £700,000 having been scattered over our lands by Government Agents in 1875. (8) The capture of two hundred innocent men of Te Whiti in 1879-81. (9) The incarceration of Te Whiti and his people in 1881-82, who were guiltless of any crime.

The following, O Queen, are references to New Zealand Ordinances put forth and said to be against the principles contained in the Treaty of Waitangi: (1) The making of unauthorized laws relating to Maori lands – namely, the Land Acts of 1862, 1865, 1873, 1880 – which Acts were not assented to by the Native chiefs in all parts of the Island. Nor is there any basis in the Treaty of Waitangi for these laws, which continuously bring upon our lands and upon our persons great wrongs. (2) The Immigration and Public Works Act, and the borrowing of £700,000 expended here and there to confuse the Maoris and their titles to land.

O Mother, the Queen, these other things, and many of the laws that are being carried into effect are, according to Maori ideas, very unjust, creating disorder amongst us, giving us heart-pangs and sadness of spirit to your Maori children, who are ever looking towards you, most gracious Queen; and it is averred by men of wisdom that these matters which weigh so heavily upon us are in opposition to the great and excellent principles of the Treaty of Waitangi.

May you be in health, O Mother, the Queen! May the Almighty bring down upon you, upon your family, and upon the whole of your people the exalted goodness of Heaven, even up to the termination of your sojourn in this world, and in your inheritance in the home of sacred rest!

May you live, is the prayer of your children in the Island of New Zealand.

Parore te Awha,

Hare Hongi Hika,

Maihi Paraone Kawiti,

Kingi Hori Kira,

Mangonui Rewa,

Hirini Taiwhanga,

Wiremu Puhi te Hihi,

Hakena Parore.

For the Native people of New Zealand.

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.

In his despatch, Lord Derby requests that you should be informed that the petition, which has been reported on by the Colonial Government, has been laid before the Queen, who was pleased to receive it very graciously. He further says that he has been unable to advise Her Majesty to give any directions for a compliance with the prayer of the memorialists.

From your friend,

W. J. Morpeth

(In the absence of Mr. Lewis).

To Parore te Awha and Hirini Taiwhanga, Kaihu, Kaipara.

Parore te Awha to the Native Office

(Translation)

Houhanga, Dargaville,

April 25, 1883.

To Mr. Morpeth – Friend, greeting! I have received your letter acquainting me with the result of the petition taken by Wiremu Reweti te Puhi, Hihi Parore, Hirini Rawiri Taiwhanga, and Hakena te Parore to England. I myself sent those persons to England to lay our grievances before the Queen – that is, before all her governing power – because all the grievances that we, the Maoris, suffer from arise from the colony of New Zealand; hence our petition for the establishment of a Native Parliament in New Zealand. It was not done with the object of trampling on the authority of the Government of New Zealand. No! but we think that the Queen's authority should be exercised directly over us. We, the Maori people, are entirely subject to the authority of our most gracious Queen Victoria. The leading people in England say that it is the Europeans of New Zealand who oppress the Maori people. Well then, friend, do you write to me on the receipt of this letter. May God protect us both. – From your sincere Friend,