THE CONFISCATED LANDS QUESTION.

Globe, Volume XXI, Issue 1723, 28 August 1879, Page 2

THE CONFISCATED LANDS QUESTION.

WELLINGTON, August 27. _ The following is the translation of the manifesto drawn up by the committee of Maori chiefs in respect to the confiscated lands, and the claims to those lands put forward by the Natives “ To the Maori tribes interested in the lands confiscated by the Government in consequence of the wars between the Maori ana European people. Wo, the committee appointed to inquire into and to take proceedings for testing the validity of laws under which the said lands have been confiscated, and are now claimed by the Government under the provisions of those laws, send greeting. Know ye that we have consulted lawyers at Port Nicholson touching those matters, and we are informed as follows :—That in the month of December, 18G3, the General Assembly of New Zealand passed a law authorising the Governor, whenever he was satisfied that any Maori tribe or hapu had been engaged in war against the Government since the Ist day of January, 1863, to declare and fix the boundaries of di triots within which the lands of such tribe or hapu were situated, and then to set apart land which was to become the property of the Government, freed from the title of the Native owner of tbesame. But it was by that law provided that compensation should be made for the taking of such lands to any of the Native owners who had not been engaged or concerned in the war, for which the same bad been confiscated. Now we find that the Government, purporting tojact under the provisions of that law, and of other laws passed by the General Assembly in connection therewith, have created districts in various parts of the North Island of New Zealand, and claim to hold the lands of the Maori people within those districts on the alleged ground that the said lands have been lawfully confiscated by reason that the owners thereof bad been engaged in wars against the Government since the Ist day of January, 1863. TVe know that the right of the Government to confiscate these lands,and to retain the same has long been'disputed by the Maori owners thereof, but that no proceedings have ever been taken in any court of law to test the validity of the Acte of the General Assembly under which they have

Tbeen taken, or of the proceedings of the Government under those Acts, or right of the Government to retain any portions of the land so taxon which have not been set apart as sites for settlement. We therefore having been appointed to inquire into these things have been advised that the proper course for the Maori People, object to them, is to commence proceedings in the Supreme Court of New Zealand in order that the following questions may be heard and and determined by law(1) Whether the Acts of the General Assembly authorising the confiscation of the Maori lands are valid Acts or or not. (2) Whether those Acts, if valid, authorised the Government to confiscate any ot tho Maori lands by reason of wars which happened after the third day of December, 186.1. •?3) Whether those Acts, if valid, authorise the Government to retain any of the lands within proclaimed districts which had not been specifically set apart as sites for settlement before the third day of December, 1667. (4) Whether the proceedings of tho Government under those Acts have been regular and proper, so as to hind the Native owners of lands taken. (5) Whether, if these Acta be valid and proper, compensation has been made to those who had not been engaged or concenied in the wars. These are the principal questions which wo have been advised by our lawyers to bring before the Supreme Court, but there are many others in connection therewith which will also have to bo decided, and all such questions _ will be duly raised in the interests of the Maori people. We have also been advised that, if wo are not satisfied with the decision of the Supreme Court upon any of these questions, we shall bo entitled to appeal to tho great Court of the Queen in England, by which the case will then he fully heard and decided. Now, in order that those things may be properly done, we, the committee, call upon yon to assure the Government that yen will not commit any deed of violence or attempt to assert your claims to those lands by force, and that you will leave your rights to bo settled by the law and not by the sword. And we will urge upon the Government, on tho other hand, net to proceed with the surveys, or to deal with the disputed lands until the law decides the questions wo raise in respect of the same._ And we further make known to you that acting in the belief that it is yonr wish that these things should be peaceably done, wo intend at onoe_ to take steps for bringing all questions touching yonr claims to the confiscated lands before the Supreme Court. From the committee —Hori Here! Taiaroa, M.L C. (president); Wi Kakakura (secretary) ; Wi Tako Ngatata, M.L.C.; Mokeno Kohere, M.L.C. ; Henere Tamqana, M.H.R.; Hori Kanaka Tawiti, M.H.R.; Ihaia Tainni, M.H.R.; Haiti Paraono Kawiti; Keepa Te Kangitiwinni (Major N.Z. Militia); Peeti Te Aweawe.