121
War I and II) (Belich, 1986). Taking
land for public works continue after
the wars finish (Waitangi Tribunal
2010).
1892: Kotahitanga Parliamentary
movement. The various movements
came together at Waitangi as
the Pāremata Māori, or Māori
Parliament. A structure was agreed
to, including national elections. The
parliament was to have a lower
house (Whare o Raro) and upper
house (Whare Ariki). (Keane, 2012).
Kotahitanga leaders demand
powers of the Native Land Court
go to tribal councils – this was not
done (Waitangi Tribunal 2010).
Ngāi Tahu continues pursuing the
claim it initiated in 1849.
Te-Whiti-o-Rongomai of Parihaka
leads peaceful resistance to land
confiscation in Taranaki (Scott,
1984).
1896: Urewera District Native
Reserve Act provided local selfgovernment over 656,000 acres
Land
1858: Beginning of land wars in
Taranaki after the government
attempted to force the sale of land
at Waitara. In 1861, martial law is
declared in Taranaki in response
to the disputed Waitara block
purchase. In 1928 the Sim report
found that when mana whenua
“were driven from the land, their
pas destroyed, their houses set fire
to, and their cultivations laid waste
they were not rebels, and they had
not committed any crime” (Sim
Report cited in Waitangi Tribunal,
1985, p14 (WAI 8) The Native Land
Act 1862 empowers the Governor
Human Rights Commission
to take up to 5% of Māori land for
roading, without compensation.
(Marr, C 1997, p63) By 1863, the
Crown owned 99% of Ngāi Tahu
tribal lands (Reid, J., Rout, M., Tau,
T.M., Smith, C., 2017).
The New Zealand Settlements
Act 1863 enabled “land of any
rebellious tribe” to be taken
as punishment resulting in the
confiscation of 3 million acres.
Following the invasion of the
Waikato, the Suppression of
Rebellion Act 1863 was to suppress
rebellion and punish those
responsible - (Waitangi Tribunal,
2009: 295). The Act suspended the
right to a trial before sentencing
(habeas corpus) and Military
Courts were set up for that
purpose. Legislation and policing
began to focus on the violent
suppression of Māori resistance
and ‘uprisings’ (Hill, 2012). In
Auckland, Ihumātao had been
confiscated under the pretence of
rebellion which was a complete
fabrication “not only were the
inhabitants attacked, their homes
and property destroyed, and their
cattle and horses stolen, but then
they were punished by confiscation
of their lands for a rebellion
that never took place” (Waitangi
Tribunal 1985, p18). This land was
sold to settler families to farm.
1864: The Native Reserves Act
put all remaining reserves under
government control available for
lease to Europeans at very low
rentals. The Native Lands Act 1865
sets up the Native Land Court to
determine land ownership and
individualise Māori land title (only
10 owners could be named on
land blocks) and free up land for
settlers. The Act required Native
Land Court hearings aimed to
colonise the bulk of the land in the
North Island and to detribalise
and amalgamate Māori into the
Crown’s systems. If iwi owners
didn’t appear at Court their land
was automatically taken off
them and incurred them costs.
By 1865, around two-thirds of the
entire land area of New Zealand
had been alienated from Māori
(Taonui 2012). The Native Lands
Act set up a separate Crown right
to take a certain percentage of
Māori land without compensation.
The provisions were developed
separately for Māori land and from
1865 in particular, their application
became discriminatory. Normal
protections were abandoned
because it was claimed that the
state of Māori title made them
too difficult to apply. Takings were
also commonly made in settlers’
interests while Māori needs were
often ignored (Marr, C 1997). By
1874, 10 million acres of land were
alienated from iwi ownership.
1870s - governments continued to
confer land-taking powers on local
authorities, and little effort was
made to require those authorities
to have regard for Māori interests.
Governments were typically
dismissive of Māori concerns based
on the Treaty (Marr, C 1997).