The Treaty of Waitangi Part 34

MEMORANDUM FOR HIS EXCELLENCY

Ministers present their respectful compliments to the Governor, and beg to inform His Excellency that they have considered the memorial from Maori chiefs referred to in the despatch from Lord Derby, No. 46, of 9th August 1884.

Ministers are of opinion that they would least embarra.s.s Her Majesty's Government by referring only to the period since 1865, when Her Majesty's troops were removed, when for the first time the colony was left to manage the Natives without interference by the representatives of Her Majesty in the colony. It is quite certain that since that period there has been no infraction of the Treaty of Waitangi. As it is clear that if there was an infraction previously Her Majesty's Government and Imperial funds would be liable for the same, Ministers deem it more respectful not to express an opinion on the subject, but to leave Her Majesty's Advisers in Great Britain to arrive at their own conclusions.

As to the provisions of section 71 of the Const.i.tution Act (15 and 16 Vict. cap. 72), Ministers would remark that it appears from the very terms of the section that the Imperial Parliament contemplated that that section should only be used for a short time and under the then special circ.u.mstances of the colony. The words used in the section are, "It may be expedient," "Should for the present be maintained." So far as allowing the laws, customs, and usages of the Natives in all their relations to and dealings with each other to be maintained, Ministers would point out that this has been the policy of all the Native Land Acts. The Courts that have to deal with Native land--and it is the land that to the Natives seems the most important--decide according to Native customs or usages (_vide_ "Native Land Courts Act, 1880," section 24; see also sections 5 and 6 of "The Native Lands Frauds Prevention Act, 1881," and section 6 of "The Native Land Laws Amendment Act, 1883").

Regarding the proclamation of Native districts the County of Waipa is practically a Native district, and if the Natives desired such a form of local government as the Counties Act affords, there would be no difficulty in granting their request by the Colonial Parliament. What, however, the pet.i.tioners desire is really the setting-up of a Parliament in certain parts of the North Island which would not be under the control of the General a.s.sembly of New Zealand. Seeing that in the Legislative Council and the House of Representatives the Natives are represented by able chiefs, and that they have practically no local affairs to look after that cannot be done by their Committees--local bodies recognised by the Government--Ministers do not deem it necessary to point out the unreasonableness and absurdity of such a request.

Ministers have not deemed it necessary to go seriatim through the allegations of the pet.i.tion and show their unsubstantiality. A former Premier, Sir Frederick Whitaker, specially dealt with a pet.i.tion very similar to the one now under consideration (see memorandum, 12th December 1882, addressed to His Excellency the Governor, in Appendix to the Journals of the House of Representatives, A-6, page 5); and a former Native Minister, Mr. Bryce, wrote a memorandum referring to the alleged ill-treatment of the Maoris (see memorandum for His Excellency, 11th January 1884, A-1, page 11, in Appendix, vol. i., 1884). The despatch of Your Excellency, No. 9, of the 1st March 1884, forwarding the memorandum of Mr. Bryce, also combated the statements of the Maori chiefs who had pet.i.tioned.

Ministers do not consider that there is any allegation in this pet.i.tion that has not been before the Imperial Government, replied to by the colony, and dealt with before.

ROBERT STOUT.

WELLINGTON, _March 12, 1885_.

_The Right Hon. the Earl of Derby to Sir W. F. D. Jervois_

DOWNING STREET, _June 23, 1885_.

SIR--I have the honour to acknowledge the receipt of your Despatch, No. 39, of the 28th of March, transmitting a memorandum from your Ministers in reference to the memorial of the Maori chiefs, which was presented on the occasion of the interview which took place at this office on the 23rd July 1884.

I request that you will inform Tawhiao and the other chiefs who signed the memorial that, as stated in the letter to them of the 13th August last, the attention of the Government of New Zealand was called to the representations which it contains, and that the reply of your Advisers--a copy of which I request you to transmit to them at the same time--has been received and considered by Her Majesty's Government.

The questions to which the memorial relates have also been discussed in the House of Commons with many expressions of sympathy for the Maori race, and of belief that their interests and their customs would be guarded and respected by the Government of New Zealand. The feeling, at the same time, appeared to be general that while the Government of the Queen in this country has no longer its former power and responsibility in regard to the internal affairs of New Zealand, it should use its good offices with the Colonial Government with the view of obtaining for the Natives all the consideration which can be given to them.

I trust that all who sympathise with and wish well to the Maoris will agree that it is most important for them to understand clearly that under the present Const.i.tution of New Zealand the government of all Her Majesty's subjects in the islands is controlled by Ministers responsible to the General a.s.sembly, in which the Natives are efficiently represented by persons of their own race, and that it is no longer possible to advise the Queen to interfere actively in the administration of Native affairs any more than in connection with other questions of internal government. I observe, however, with satisfaction that it is in contemplation to increase the number of the Native representatives.

Although, therefore, Her Majesty's Government cannot undertake to give you specific instructions as to the applicability at the present time of any particular stipulations of a treaty which it no longer rests with them to carry into effect, they are confident--as I request that you will intimate to your Ministers--that the Government of New Zealand will not fail to protect and to promote the welfare of the Natives by a just administration of the law, and by a generous consideration of all their reasonable representations. I cannot doubt that means will be found of maintaining to a sufficient extent the rights and inst.i.tutions of the Maoris without injury to those other great interests which have grown up in the land, and of securing to them a fair share of that prosperity which has of necessity affected in many ways the conditions of their existence.--I have, etc.,

DERBY.

Governor Sir W. F. D. Jervois, G.C.M.G., C.B., etc.

_Sir W. F. D. Jervois to Tawhiao_

GOVERNMENT HOUSE, WELLINGTON, _August 27, 1885_.

To Tawhiao.

The Pet.i.tion which was signed by you, Major Te Wheoro, Patara te Tuhi, Topia Turoa, and Hori Ropihana, and presented to the Secretary of State when you were in England was forwarded by him to me, accompanied by a letter asking for any statements which the Government of New Zealand might desire to make respecting the matter. I wrote back to the Secretary of State, and enclosed a memorandum from the Government of New Zealand. The Secretary of State has again written to me, and requested me to send to you copies of these letters. I therefore enclose translations.

You will see from the last letter of the Secretary of State that he says that the Government of all Her Majesty's subjects in New Zealand, Maori as well as European, is controlled by Ministers responsible to the Parliament at Wellington, in which there are Maori representatives, and that the Government in London cannot interfere in the internal affairs of the colony.--From your Friend,

WM. F. DRUMMOND JERVOIS.

_The Right Hon. the Earl of Derby to Sir W. F. D. Jervois_

DOWNING STREET, _September 11, 1884_.

SIR--I have the honour to submit to you a copy of a letter addressed to me by Tawhiao, the Maori King, on his departure for New Zealand after his recent visit to this country.

You will be so good as to inform Tawhiao that I duly received and that I appreciate his friendly farewell salutations.--I have, etc.,

DERBY.

Governor Sir W. F. D. Jervois, G.C.M.G., C.B., etc.

_Tawhiao to the Right Hon. the Earl of Derby_

STEAMER "POTOSI," _August 20, 1884_.

FRIEND--Salutations! Abide there with your friends, your fellow-n.o.bles, your race, your land: I am returning to my people under the blessing of G.o.d.--From

TAWHIAO.

Lord Derby.

_The Right Hon. the Earl of Derby to Sir W. F. D. Jervois_

DOWNING STREET, _February 3, 1885_.

SIR--I have the honour to inform you that I have received from the chief Hori Ropiha a letter dated the 3rd December, expressing the satisfaction of his tribe--the Ngatikahungunu--at the principles laid down on the occasion of the interview between the chiefs and myself at this office, more especially in regard to uniformity of legislation.

I request that you will cause Hori Ropiha to be informed that his statements have given pleasure, and that I do not doubt that any well-founded complaints on the part of the Maoris will be dealt with fairly by the Government to which Her Majesty has given over the whole question.--I have, etc.,

DERBY.

Governor Sir W. F. D. Jervois, G.C.M.G., C.B., etc.

_The Under-Secretary, Native Department, to Hori Ropiha_

WELLINGTON, _April 27, 1885_.

To Hori Ropiha.

GREETING!--Lord Derby has written a despatch to the Governor of New Zealand acknowledging the receipt of your letter expressing the satisfaction of Ngatikahungunu at the principles laid down by you and Lord Derby in England. Lord Derby also says in his despatch that your statements have given pleasure, and he feels that the Government of New Zealand will deal fairly with the most important matters affecting the Maoris which Her Majesty has given to this Government to administer. Sufficient.--From

T. W. LEWIS.