The Impact of Legislation on Maoriland in Tai Tokerau

by Alemann, Maurice

Two main themes are analysed in this dissertation. Thev are the 'Extinguishment of the Native Title to Maori land' and the 'Devices to overcome the fragmentation of ownership of Maori land' in the area North of the Otahuhu canoe portage no.mally called Tai Tokerau (excluding islands). As pointed out in the Introduction the main aim is to explore - mostly on the basis of case studies - whether the actions of the Crolvn in respect of Maori land have followed the general rules set down by the same Crown, and to explore if these actions have been beneficial or othenvise to the Maori owners of the land. The first two chapters introduce certain concepts - such as radical title, sovereignty, Native Title to land, Inclosures in England and whai the Treaty of Waitangi stipulated in respect of Maori land - and the understanding Maori had when they allocated land to outsiders, in order to define them and to provide the background to the issues dealt with later on" The First Part of the Thesis analyses through case studies the various ways in which the Crown extinguished the Native Title in the area under revierv by Crorm purthases, Old Land Claims and pre-emption Waivers. The conclusion of this part is that the Crown has not always follorved the rules set down by it in these land transactions, and that it came into possession of some land under doubtful circumstances. The Second Part is preceded by a description of what the Maori land tenure system was before it came to be changed by the Native Land Acts 1862/65, and how these acts came into being. Special emphasis has been placed on the system imposed by the Native Land Court in the way successions to ownership of land were dealt with and the resulting fragmentation of ownersh i p. The Second Part deals mainly with the 'devices' - as Sir Apirana Ngata called them - adopted at various times to overcome this fragmentation of orvneiship. Th-e consequence of these 'devices' was in the first place an increasing facilitation of alienation of land up to around 1930. From that date on the 'devices' were uied to promote the development of Maori land. The conclusions are that in the period up to 1930 the 'devices' led to a great loss of Maori land, and that after that date further 'devices' and the Development Schemes were not always beneficial to Maori. Straddling both parts at various places the relevant statistics of land still in the possession of Maori have been included The overall conclusions are that in the haste of 'opening the land for settlement' as quickly as possible, the Crown has not always acted accotOing to its orvn rules and has acted in some cases in prejudice of the interests Maori land owners.