spacer
trclogo
spacer
Government breaches of Te Tiriti o Waitangi
Treaty Resource Centre
He Puna Matauranga o Te Tiriti
  Government breaches of Te Tiriti of Waitangi from 1841 to the present.
spacer

line

Resources - Treaty violations

Govt breaches

line

Other resources
Best practice Bibliographies
Govt responses
Implementing the Treaty

Interest areas
Learning exercises

Maori responses
Media and Te Tiriti
Original documents

 

line

Sitemap/search
Feedback

 

line

Contact us

Phone/fax
09 274 4270
PO Box 78338
Grey Lynn
Tamaki Makaurau 1030
Aotearoa New Zealand
coordinator@trc.org.nz

spacer
Download printable PDF (<100Kb)
Date
Breach
1841 All "unappropriated" or "waste land", other than that required for the "rightful and necessary occupation of the aboriginal inhabitants of the said Colony" was deemed Crown land in the Land Claims Ordinance 1841. This ordinance gave statutory recognition to a Crown right of pre-emption, at the expense of any Maori right of rangatiratanga over their own land.
1844 Provision was made for Maori education as part of the process of "civilising" people of iwi descent - "which object may best be attained by assimilating as speedily as possible the habits and usages of the Native to those of the European populations".
1845 William Spain completed his work as Commissioner of Land Claims, investigating the validity of all land purchases made before 1840. However, many of his recommendations and findings were never acted upon. For example, the site of Wellington was shown to have been an invalid purchase, but the area was not returned to the iwi, nor was compensation paid.
1852 The British Parliament passes the New Zealand Constitution Act, conceding to the settlers the administration of all matters relating to land in Aotearoa. The Parliament of New Zealand was established without iwi representation, because voting was restricted to men who owned land on a single title. Since Maori people held land communally, they did not have the vote.
1858 Beginning of the land wars in Taranaki. Te Ati Awa chief Teira sold the Governor land at Waitara without seeking the agreement of the other chiefs who had an interest in the land, especially the senior chief Wiremu Kingi. The fighting began when the Government attempted to force the sale of land at Waitara.
1863 Following the Government's invasion of the Waikato, the Suppression of Rebellion Act was passed, suspending the right to trial before sentencing (haveas corpus) for those found to be in rebellion against the Crown. Military courts were established to determine sentences and penalties.
1863 The New Zealand Land Settlements Act empowered confiscation of Maori land in any district where a "considerable number" of Maori were believed to be in rebellion. This assisted the confiscation of three million acres.
1864 The Native Reserves Act put all remaining Maori reserves under government control to lease out to Europeans at very low rentals.
1865 The Native Land Act required Land Court hearings to determine land ownership. Maori owners were forced to spend months in whichever town the court was sitting. If they didn't appear, their land was automatically taken away. During the hearings, owners incurred accommodation, legal, land agent and surveying costs. If the land was 5,000 acres or less, only ten names were put on the title. This legislation also covered claims of "unjust" confiscation from the land wars. When land was returned to sucessful claimants, it was in individual rather than communal title. In the next ten years, another ten million acres of land were alienated from Maori ownership.
1867 The Maori Representation Act set up four seats in Parliament in response to settler concern that, with individualisation of land titles, Maori voters might outnumber Pakeha in some electorates.
1867 The Native Schools Act provides for the setting up of schools in Maori villages so long as the hapu provide the land, half the cost of the buildings and 25% of the teachers' salary. English is to be the only language of instruction in these schools. Later this "English only" policy was rigorously enforced.
1877 Chief Justice Prendergast dismisses a case brought by Wi Parata of Ngati Toa as having no legal basis. He argued that there was no such thing as legal Maori title to land, and that the Treaty of Waitangi could have no bearing on the case because treaties with "simple barbarians" lacked legal validity. He declared the Treaty a "simple nullity".
1879 A forced survey of the Parihaka block is peacefully obstructed by Te Ati Awa under Te Whiti's leadership. This non-violent resistance was central to Te Whiti's vision and came 40 years before Ghandi developed his philosophy in India.Several special laws were passed over the next two years to try to force the people of Parihaka off their land, including that men could be arrested without warrant and held without trial. When these proved unsuccessful, the Government sent in soldiers to destroy the community.
1893 Government can deem land owned by Maori to be suitable for settlement, paying only five shillings an acre for it. The market rate at the time was £30.
1894 The Advances to Settlers Act provided low interest loans to white settlers for land purchases and development. Maori owners were excluded from access to Government development finance until the 1930s. The Validation of Invalide Land Sales Act in the same year legalised some past illegal land deals .
1898 The Old Age Pensions Act automatically disqualifies Maori with shares in tribal land; not many Maori qualify for pensions.
1904 The Maori Land Settlement Act compulsorily placed landthat was deemed not necessary or not suitable for occupation by its Maori owners under the control of Land Councils. There were no Maori representatives on these councils.
1907 The Suppression of Tohunga Act outlawed the spiritual and educational role of the tohunga. It was a response in par ticular to the cussess of the prophet Rua in convincing his people to revmove their children from the debilitating influences of European schools.
1908 The Public Words Act authorises the taking of Maori land for public works. Europeans have the right to object and receive compensation, but neither applies to owners of Maori land until 1974.
1928 Maori are eligible for only half the unemployment benefit available to Pakeha; this was amended in 1936.
1953 The Maori Affairs Act sets up the Maori Affairs Department to act as the agent for the Government in purchasing land from Maori. It could compulsorily purchase Maori land if it was valued at less than £50. If Maori owners of land could not or would not develop land according to European standards, the Trustee could lease the land at its unimproved value against the wishes of the owners. At the end of the lease period if the original owners wanted the land back they had to pay compensation for the improvements. If they couldn't raise the capital for the improvements, they lost the land.
1989 The Minister of Local Government rejects recommendations that a Treaty clause be included in local government reform legislation.
1990 Legislation prohibits any paid or unpaid electoral advertising by any political party contesting fewer than ten seats. No exception is made for parties, such as Mana Motuhake, which contest only Maori seats.
2001 Of the total population, 14.5% identified as of iwi descent. Fifty percent of these people own their own homes; 70% of all other people do. People of Maori descent are three times more likely to be apprehended for an offence and four times more likely to be convicted than non-Maori.
2004 The Foreshore and Seabed Act 2004 gave the Crown ownership of foreshore and seabed that was not held in private ownership. It extinguished the possibility of Maori establishing customary title over the foreshore and seabed. The UN Committee on the Elimination of Racial Discrimination found that this law had breached this UN treaty, to which New Zealand is a signatory.

Download printable PDF (<100Kb)

arrow top

spacer