THE CONFISCATED LANDS.

Patea Mail, Volume V, Issue 455, 3 September 1879, Page 2

THE CONFISCATED LANDS.

(New Zealander.') The following is a translation of the manifesto issued by the committee .appointed to inquire into the validity of the laws effecting the confiscated lands. The manifesto is printed both in Maori and English, and a large number of copies will be struck off for distribution among the various tribes who have an interest in the matter . To the Maori' tribes interested in the lands confiscated by the Government, in consequence of the wars between the Maori and the European peoples. We, the committee appointed to inquire into and to take proceedings for testing the validity of the laws under which the said lands have been confiscated, and are now ciairned by the Government, and to enquire into and test the validity of the acts done by the Government under the provisions of those laws, send greeting : . Know ye, that we have consulted lawyers at Port Nicholson touching these matters, and we are informed as follows : That, in the month of December, 1863, the General Assembly of New Zealand passed a law authorising the Governor, whenever he was satisfied that any Maori tribes or hapu had been engaged in war against the Government since the first day of January, 1863, to declare and fix the boundaries of districts within which the lands of such tribe or hapu were situated, and then to set apart any of such lands as sites for settlement ; and, by the said law, every site so set apart, was to become the property of the Government, freed from the title of the native owners of the same.

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 had been confiscated. Now we find that the Government, purporting to act under the provisions of that law, and of other laws passed hy the General Assembly ih 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 on the alleged ground that the said lands have been lawfully confiscated by reason that the owners thereof had been engaged in wars against the Government sinfce the Ist day of January, 1863. We know that the right of tho Government to confiscate those lands, and to retain the same, has long been disputed by the Mauri owners thereof, but that no proceedings have ever been taken, in any court of law to test the validity of die Acts of the General Assamhly under which they have been taken, or of the proceedings of the Govern incut under chose Acts, or the right of the Government to retain any portions of the iand so taken, which have not been set apart as sites for settlement.

We, therefore, having been appointed to inquire into these tilings, have been advised that the proper course of tho Maori people who object to them is, to commence proceedings in the Supreme Court of Now Zealand, in order that tho following questions may be heard and determined by law :

(1), Whether the Acts of the General Assembly, authorising tho confiscation of the Maori lands, are valid Acts or not?

(2). Whether those Acts, if valid, authorised the Government to any of the Maori lands by reason of which happened after the third day of December, 1863 ?

(3) Whether those Acts, if valid, authorise the Government to retain any of the lands within the proclaimed districts, which had not been specifically set apart as sites for soil lenient before the third day of December, 1867 ? (4) Whether the proceedings of the Government, under those Acts, have Ikcd regular and proper, so as to bind tho native owners of the lands taken.

(5). Whether, if those Acts be valid, proper compensation has been made to those who hud not been engaged or concerned in the wars ?

These are the principal questions which, we have been advised by our lay were to bring before the Supreme Court, but there are many others in connection therewith, which will also have to be decided, and all such questions will be duly raised in tho interests of the Maori people. We have also been advised, that if we are not satislied with the decision of the Supreme Court upon any of these questions, we shall be entitled to appeal to the great Court of the Queen of England, by which the case will then be fully heard and decided.

Now, in order that these things may be properly done, we, the committee, call upon you to assure the Government that you will not commit any deed of violence, or attempt to assert your claims to those lands by force, and that j r ou will leave your lights to be settled by the law and not by the sword. And wc will urge upon the Government, on the other hand, not to proceed with the surveys or to deal with the disputed lands until the law has decided the questions we raise in respect of the same.

And we further make known to you that, acting in the belief that it is your wish that these things should be peaeahly done, we intend at once to fake steps for bringing all questons touching your claims to the conliscated lands before the Supremo

Court. from the committee — Houi Kere: Taiakoa, M.L.C., President. Wi Parata Te Kakakura, Secretary. Wi Tako Ngatata, M.L.G. JIOKENA KoHERE, M.L*C. Henare Tomoana, M .11 .R. Hori Karaka Tawitj, M .H.R. I HA] a Tak\ui, M.H.U, Maiai Paraone Kawii'i. Keepa Te Kangihiwinui, Major, N.Z. Militia. Pekti Te Aweawe.