With regard to the "wrongs" detailed in the memorial, Ministers desire to point out that the first six have reference to transactions during the time Native affairs in New Zealand were under the control and management of the Imperial Government, through their officer, the Governor of the colony. A full history of these transactions will no doubt be found in the Parliamentary papers, Imperial and Colonial, in the Colonial Office; and on reference to such papers, it will be seen how little reason the Maoris have to complain.
The "wrong" standing as No. 7 in the memorial, has relation to a dispute between two tribes in reference to land, with which the Government of the colony had no connection, and for which they were not in any way responsible.
Nos. 8 and 9 refer to recent transactions, for which the Colonial Government were entirely responsible. A full account, and the justification of the Government's conduct, will be found in the documents from time to time transmitted through the Governor to the Secretary of State.
The special legislation referred to in the memorial as "unauthorised laws relating to Maori lands ... not assented to by the Native chiefs in all parts of the Island," and as having no "basis in the Treaty of Waitangi," is not restrictive but enabling. The object of the Native Land Acts enumerated was to provide a special tribunal for the determination of Native title; to relieve the Maori owners from the monopoly held by the Government; and to enable them to sell their lands to whomsoever they pleased. In no way are the provisions of the Acts compulsory. The Maoris were and are at liberty to avail themselves of the powers conferred, or to abstain from doing so, at their pleasure.
It may be stated that, with the exception of lands confiscated for rebellion, no land whatever has been taken from the Maoris by the Government. With the exception stated, all lands acquired from Natives by Government have been acquired from willing sellers, and fully paid for. The £700,000 referred to has been paid to them, besides other large sums, for what was to them unprofitable waste.
The general legislation of the colony as to the Maoris has been more than just—it has been exceptionally favourable to them. When laws have been made applicable to the people of the colony, the object has in many instances been to except the Maoris from their stringency; and there is no instance in which they have been placed in a less favourable position than the European population. Of the many laws on the statute-book of the colony which bear out this statement, one illustration may be mentioned: the Maoris are specially exempted from all direct taxes on both real and personal property.
It may, indeed, with confidence be asserted generally that there is not, and has not been, anything on the statute-book of the colony, or in the conduct of the Colonial Legislature, as regards the Maoris, to which reasonable exception can be taken.
Fred Whitaker. Wellington, December 12, 1882.
His Excellency the Administrator to the Secretary of State for the Colonies
Government House, Wellington, December 16, 1882.