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New Zealand Māori Land Legislation Manual
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Hawkes Bay Native Lands Alienation Commission Act 1872 [1872] NZMaoriLLegMan 1 (25 October 1872)

Last Updated: 25 September 2020

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Hawkes Bay Native Lands Alienation Commission Act 1872
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Citation:

Date of Assent: Commencement:

Repeal: Amendments:

Type of Legislation: Subject:

36 V. No 44
25 October, 1872 Date of Assent
Public
Govt Admin Specific to Maori/Maori Land Alienation of Maori Land

Repealed 1878, No 28


67

Relevant Sections: Preamble: Refers to the disputes between Hawkes Bay Maori and the Crown regarding the alienation of their land through the NLCt. s6: Commissioners appointed to investigate the complaints.

s8: Commissioners to act as "Court of equity and good conscience".

Commentary: Sets up a Commission of Inquiry to look at the alienation of Maori land in the Hawkes Bay and the various Maori complaints which resulted from such alienation. The Commissioners had 301 complaints which were categorised as follows:

I. Complaints of Fraud

  1. That on purchase by native dealers the vendor was not paid in cash but compelled to accept credit in account current with the purchaser, and to take the value out in goods.
  2. That part of the purchase money went to pay off old scores in spirits.
  3. That the sale was forced by undue pressure on the part of creditors.
  4. That the consideration was grossly inadequate.
  5. That Government or Missionary influence was used to bring about a sale.
  6. That the purchase money was not fully paid, or that the conditions of the sale were unperformed.
  7. That the purchase money was not fairly apportioned amongst the vendors.
  8. That the concurrence of leading chiefs, acting as agents for the rest of the vendors, was purchased by secret gratuities.
  9. That the transaction was not properly explained by the Interpreter.
  10. That the native vendors were not advised by a lawyer.

Commentary and cross reference continued over page
68

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Hawkes Bay Native Lands Alienation Commission Act 1872 continued

Cross Reference:
II. Operation of Native Lands Act & Native Land Court
  1. That the issue of Crown Grants for tribal land has extinguished the Native title in favour of a few individuals, the community interested acquiescing in complete ignorance of the effect of what was being done.
  2. That the Court had unduly favoured alienation by refusing to impose restrictions when asked for by natives interested, and in other ways.
  3. That lands excepted from cession as reserves have been dealt with by the Native Lands Court, and transferred as private property. The Commission was critical of the Native Land Court and recommended a change in the manner of issuing titles and Crown Grants, however the Commission did not offer any redress for cases where Maori had been pressured into selling or where the named owners did not distribute the proceeds of a sale.
In 1874 Takamoana asked the House when the Government would be taking action on the report of the Commission as Maori had been under the impression that it was a Committee to settle grievances.
NZPD vol 13 (1872) 768 - 769 NZPD vol 16 (1874) 973
AJHR (1872) I - 2 (Petition of Renata Kawepo), H - 9 (Middle Island Native Affairs)
AJHR (1873) G - 7
(Report of Hawkes Bay Native Lands Alienation Commission)
AJHR (1891) Sess II G -1 pp.VIII - IX (Rees Commission).

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