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New Zealand Māori Land Legislation Manual |
Last Updated: 29 September 2020
Citation: Sess VII, 10 V. No 19 Date of Assent: 16 November, 1846 Commencement: Date of Assent
Repeal:
Amendments:
Type of Legislation:
Repealed 1865, No 71
–
Public
5
Subject: Alienation of Maori Land ToW/Principles of ToW reference
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Relevant Sections:
Commentary:
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Entire Act, particularly...
Preamble: ToW reference.
s1: Any person purchasing land from a Native or occupying (eg
for timber cutting or mining) Native Land without a licence shall be liable
to
fines.
This Ordinance made it an offence for settlers to make any land deals
directly with Maori, including leasing lands, and repealed Fitzroy's
Proclamations to grant waivers of the pre-emption right. There is evidence that
Maori resented this protectionist pre-emption policy
and that this Ordinance was
defied by many hapu. Grey used the pre-emption policy, in advance of the inflow
of settlers whose presence
would raise the market value of land, as a means of
acquiring vast areas of land from Maori at prices that would be less than they
may have received if sold directly to incoming settlers.
This system was also designed to raise revenue for government works.
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Cross Reference: Adams P Fatal Necessity
(AUP, Auckland, 1977) 208 - 209
Williams D "The Queen v Symonds Reconsidered" (1989) 19 VUWLR 385, 397 - 398.
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URL: http://www.nzlii.org/nz/other/NZMaoriLLegMan/1846/1.html