G.—l

THE TREATY OF WAITANGI. English Version. Her Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, regarding with her Royal favour the Native chiefs and tribes of New Zealand, and anxious to protect their just rights and property, and to secure to them the enjoyment of peace and good order, has deemed it necessary, in consequence of the great number of Her Majesty's subjects who have already settled in New Zealand, and the rapid extension of emigration both from Europe and Australia which is still in progress, to constitute and appoint a functionary properly authorised to treat with the aborigines of New Zealand for the recognition of Her Majesty's sovereign authority over the Avhole or any part of those islands. Her Majesty, therefore, being desirous to establish a settled form of civil government with a view to avert the evil consequences which must result from the absence of the necessary laws and institutions alike to the Native population and to her subjects, has been graciously pleased to empower and authorise me, William Hobson, a captain in Her Majesty's Royal navy, Consul and Lieutenant-Governor of such parts of New Zealand as may be, or hereafter shall be, ceded to Her Majesty, to invite the confederated and independent chiefs of New Zealand to concur in the following articles and conditions : — Article the First. The chiefs of the Confederation of the United Tribes of New Zealand, and the separate and independent chiefs Avho have not become members of the confederation, cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of sovereignty which the said confederation or individual chiefs respectively exercise or possess, or may be supposed to exercise or to possess, over their respective territories as the sole sovereigns thereof. Article the Second. Her Majesty the Queen of England confirms and guarantees to the chiefs and tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other properties Avhich they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession ; but the chiefs of the United Tribes and the individual chiefs yield to Her Majesty the exclusive right of pre-emption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them in that behalf. Article the Third. In consideration thereof, Her Majesty the Queen of England extends to the Natives of New Zealand her Royal protection, and imparts to them all the rights and privileges of British subjects. Noav, therefore, we, the chiefs of the Confederation of the United Tribes of New Zealand, being assembled in congress at Victoria, in Waitangi, and we, the separate and independent chiefs of NeAv Zealand, claiming authority over the tribes and territories which are specified after our respective names, having been made fully to understand the provisions of the foregoing treaty, accept and enter into the same in the full spirit and meaning thereof; in witness of which we have attached our signatures or marks at the places and the dates respectively specified. Done at Waitangi, this sixth day of February, in the year of our Lord one thousand eight hundred and forty. W. Hobson, Lieutenant-Governor.

EXTRACT from "THE CONSTITUTION ACT, 1852" (15 and 16 Vict., c. 72). Her Majesty may cause laws of aboriginal native inhabitants to be maintained. 71. And whereas it may be expedient that the laws, customs, and usages of the aboriginal or native inhabitants of New Zealand, so far as they are not repugnant to the general principles of humanity, should for the present be maintained for the government of themselves in all their relations to and dealings with each other, and that particular districts should be set apart within which such laws, customs, or usages should be so observed : It shall be lawful for Her Majesty, in and by any letters patent to be issued under the Great Seal of the United Kingdom, from time to time to make provision for the purposes aforesaid, any repugnancy of any such Native laws, customs, or usages to the law of England, or to any law, statute, or usage in force in New Zealand or in any part thereof, in anywise notwithstanding. Power to General Assembly to regulate sales of waste lands. 72. Subject to the provisions herein contained, it shall be lawful for the said General Assembly to make laws for regulating the sale, letting, disposal, and occupation of the Avaste lands of the CroAvn in New Zealand ; and all lands wherein the title of Natives shall be extinguished as hereinafter mentioned, and all such other lands as are described, in an Act of the session holden in the tenth and eleventh years of Her Majesty, chapter one hundred and twelve, to promote colonisation in NeAv Zealand and to authorise a loan to the New Zealand Company, as demesne lands of the Crown, shall be deemed and taken to be waste lands of the Crown within the meaning of this Act.

XXXI