History of The Otago Region - Land-sales and The Signing of The Treaty of Waitangi

Land-sales and The Signing of The Treaty of Waitangi

In the 1830s and 1840s the Māori of Otago and Murihiku, possibly anxious for a strong Pākehā presence, agreed to sell many of their traditional lands. Back in 1833, a further sale of Murihiku land had taken place when Joseph Weller acquired from Te Whakataupuka the whole of Te Picamoke (Stewart Island) and two adjacent islands for one hundred pounds.

In 1838, Tuhawaiki, accompanied by four chiefs, visited Sydney and sold enormous tracts of land "with all the solemnity of archaic phraseology and legal circumlocution". Sydney speculators pursued the golden future with an enthusiasm which increased in intensity with the prospect of British annexation of New Zealand. On 14 January 1840, Governor Gorge Gipps of New South Wales issued a proclamation forbidding future sales, unless to the Crown, and warned that commissioners would investigate all titles already claimed and that, where appropriate, Crown grants would validate them. One month later, on 15 February 1840 during a second visit to Sydney, Tuhawaiki, Karetai and three subordinate chiefs, Kaikoarare, Taikawa and Poneke signed an agreement which "sold" the "Island of Te Waipounamu, also called the Middle Island of new Zealand, also the island called Stewarts island... together with all seas, harboiurs, coasts, bays, inlets, rivers, lakes, waters, mines, minerals, fisheries, woods, forests, liberties, franchises, profits, hereditaments... save and except such portions of the said island as have been already disposed of.. . and also the island of Robuchi". The purchase was made partly by cash payments and partly by annuities. Tuhawaiki signed for "One hundred pounds of lawful British money and an annuity of fifty pounds a year during the term of his natural life.". Hence by February 1840, every acre in Otago and Murihiku, as indeed in the entire South Island, had apparently been alienated by the Māori to hopeful speculators who gambled on receiving from the Crown some title commensurate with the expenses they alleged had been incurred.

The highly questionable nature of these transactions became more evident after Captain William Hobson arrived at the Bay of Islands on 29 January 1840 to win from the Māori allegiance to the British Crown. Then followed two proclamations, the second stating that Her Majesty could not acknowledge as valid any titles of land which were not derived from, or confirmed by the Crown. After the northern chiefs had signed the Treaty, Captain Nias set sail for the south in HMS Herald on 29 April and it was not until June that British Sovereignty over the South Island was proclaimed on Stewart Island. On 9 June the HMS Herald called at Ruapuke and Major Bunbury who was collecting signatures for the Treaty of Waitangi, recorded that "Tuhawaiki, who had recently returned from Sydney enriched by the spoils of commerce, came on board in full dress staff uniform of a British aide-de-camp, with gold laced trousers and cocked hat and plume in which he looked extremely well, accompanied by a native dress sergeant dressed in a corresponding costume." Tuhawaiki signed the Treaty without hesitation, his example being followed by Kakoura and Taiaroa who were also at Ruapuke at the time. Tuhawaiki also had a bodyguard of 20 men, all dressed in British uniforms, although they refused to wear boots.