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George Gipps Unsigned Treaty [1840] NZConLRes 7 (14 February 1840)

Last Updated: 21 August 2017

George Gipp’s ‘Unsigned’ Treaty, presented to Maori Chiefs

Sydney

14 February 1840

Memorandum of an agreement entered into between His Excellency Sir George Gipps, Knight, Captain, General, and Governor-in-Chief of New South Wales and its Dependencies, on behalf on Her Majesty, Queen Victoria, and the undermentioned Chiefs of New Zealand.

WHEREAS John Towack, Towack, John White, Kicora, Ticowa, Tranymoricon, Terour, Shoubeton, Akee and Adekee, Native Chiefs of the several Islands of New Zealand, have expressed their willingness and desire that Her Majesty, Queen Victoria, of the United Kingdom of Great Britain and Ireland, should take them, their tribes, and their country under Her Majesty’s Royal Protection and Government.

And WHEREAS Her said Majesty, viewing the evil consequences which are likely to arise to the welfare of the Native Chiefs and Tribes from the settlement among them of Her Majesty’s subjects, unless some settled form of civil Government be established to protect the Native Chiefs and Tribes from the settlement among them of Her Majesty’s subjects, unless some settled form of civil Government be established to protect the Native Chiefs and Tribes in their just rights, and to repress and punish crimes and offences which may be committed by any of her Majesty’s subjects, has been pleased to appoint WILLIAM HOBSON, Esq., Captain in Her Majesty’s Navy, to be Her Majesty’s LIEUTENANT – GOVERNOR in and over such parts of New Zealand as have been or may be acquired in Sovereignty by Her said Majesty, Her heirs and successors, and has empowered the said William Hobson, Esq., to treat with the Native Chiefs accordingly, and it is expedient in compliance with their desire that a preliminary engagement, to be ratified and confirmed by the said Native Chiefs in manner hereinafter mentioned, should be immediately entered into between the said Sir George Gipps, Knight, on behalf of Her said Majesty, Queen Victoria, and the said Native Chiefs and Tribes.

It is therefore hereby agreed between the said parties that Her said Majesty, Queen Victoria, shall exercise absolute Sovereignty in and over the said Native Chiefs, their Tribes and country, in as full and ample a manner as her said Majesty may exercise Her Sovereign authority over any of Her Majesty’s Dominions and subjects, with all the rights, powers, and privileges which appertain to the exercise of Sovereign authority. And her said Majesty does hereby engage to accept the said Native Chiefs and Tribes as Her Majesty’s subjects, and to grant Her Royal protection to the said Native Chiefs, their tribes and country, in as full and ample a manner as Her Majesty is bound to afford protection to other of Her Majesty’s subjects and Dominions. And the said Native Chiefs do hereby on behalf of themselves and tribes engage, not to sell or otherwise alienate any land occupied by or belonging to them, to any person whatsoever except to Her said Majesty upon such consideration as may be hereafter fixed, and upon the express understanding that the said Chiefs and Tribes shall retain for their own exclusive use and benefit such part of their said lands as may be requisite and necessary for their comfortable maintenance and residence. And that out of the proceeds of the land which may be purchased from them adequate provision shall be made for their future education and instruction in the truths of Christianity. And the said Chiefs do hereby engage to ratify and confirm this agreement in the presence of their respective Tribes, and of Her Majesty’s said Lieutenant-Governor William Hobson, Esquire, or the Lieutenant-Governor of Her Majesty’s possessions in New Zealand for the time being. In testimony whereof the said Sir George Gipps, and the said Native Chiefs, have hereunto affixed their names and seals at Government House, Sydney, New South Wales, this fourteenth day of February one thousand eight hundred and forty.


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