The Treaty of Waitangi; or, how New Zealand became a British Colony

by Thomas Lindsay Buick

That this treaty is binding, in conscience and policy, on the British Government and is highly valued by the native tribes.

That although the laws and usages of the natives with regard to the possession of and title to land are very obscure and complicated, yet evidence has been adduced to the Committee showing that these laws and usages are in some sense recognised by the natives, as well among themselves as in reference to European purchasers, and many instances have been proved in which they have voluntarily and fully recognised European titles.

That while it appears highly probable that much of the soil of New Zealand will ultimately rest in the British Crown, as land to which no proprietary title of any kind can be established by an individual, or by any tribe, yet it is impossible, by any fair construction of the treaty, to limit the native claims either to the pas or to the grounds in actual cultivation by the natives at any particular time.

That any attempt to carry out in practice any such construction must alienate the natives from every feeling either of confidence or affection towards the British Government, and would probably lead to conflicts of a sanguinary character, or even to an exterminating warfare between the races, for which the British power in these Islands is at present wholly inadequate and unprepared.

That it is not expedient to increase the military force in the colony, at great expense, for a purpose unjust in itself, and tending to retard the peaceful settlement of the colony and the civilisation of the native race.

Captain Hobson's Signatures to the Treaty.

These signatures to the various copies of the Treaty used indicate in a pathetic way the progress of Captain Hobson's illness. The final copy he was not able to sign, and it was signed by Lieut. Shortland on his behalf.

These recommendations of Mr. Cardwell, which also largely reflected the opinions of the Government, were energetically opposed by Lord Howick and his friends, who put forward a counter series of suggestions, which just as strongly reflected the views and aspirations of the New Zealand Company, particularly upon the crucial point that no acknowledgment should be made of any proprietary rights on the part of the natives in the unoccupied lands of New Zealand. They affirmed amongst other things:

1. That the conclusion of the Treaty of Waitangi by Captain Hobson with certain natives of New Zealand, was a part of a series of injudicious proceedings which had commenced several years previous to his assumption of the local Government.