One of the more famous sales of Maori land in the last century was the sale of Lake Wairaraupa concluded at Papawal, near Graytown, in 1896. On the right of Judge Butler (seated in the centre of the group) is Sir James Carroll. (Turnbull Library Photograph) already seriously shaken, and the authority of the chiefs weakening—particularly in regions of close settlement. Thousands of Maoris had already left their village communities to work for or with settlers. They had discovered the attractions of a cash economy and had developed more sophisticated tastes in clothing, food, furniture, and, of course, stimulants and sports. Boys who had been given a sound education in missionary schools had become men and the Christian teachings were on the whole not calculated to maintain the communal relationships previously existing.
Land Court Established The obvious course was therefore taken of setting up a special tribunal to determine ownership, very much for the purpose of ensuring that when purchases or leases were made they would be made from the right people and there would be made from the right people and there would be no argument. There was no question but that from the European point of view purchasing was necessary, with thousands of square miles in the North Island held by the Maoris and surplus to their actual needs. Settlers were still arriving, and routine systems of farming were being evolved. Communications still needed much development. In addition, although this probably had less importance attached to it, such a tribunal would enable effect to be given to the undertakings of the Treaty of Waitangi to confirm the rights of the Maoris to their land. Before those rights could be confirmed they must be ascertained. Disputes between tribes and hapus must be settled, the point of reference being the position at the time of the Treaty itself. The Maoris who had had interests in land were entitled to look to the Government or the Crown for protection against encroachment by Europeans or other Maoris. In the old days, as a last resort the strong arm was an effective title deed, but now some other means had to be found. An attempt to set up such a tribunal was made in 1862 when the first Native Lands Act was passed. For a number of reasons however, this was abortive. It was operated only in the far northern districts and to a very minor extent and it was not until 1865 that the first effective Court was set up by the Native Lands Act, 1865. The process by which the Court dealt with lands brought before it was essentially the same as was followed right down to the early part of this century, when, except for a very few small areas, the last of the blocks of Maori customary land were being dealt with. Claims were lodged, the land was surveyed, a sitting was held where the various claimants stated the nature of their claims and led evidence. The Court then, from the conflicting evidence, determined who were the owners
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