From battlefield to Courtroom

The wars could be said to be an attempt to impose British Authority by the Settler Government. But the desire for land seems to be just as important, and the behaviour of Russell and Whitaker in particular appear to show that the need for land was a driving force behind the campaigns into the Waikato... below are some links to the 1966 Encyclopedia:

http://www.teara.govt.nz/en/1966/whitaker-sir-frederick/1

In 1862 Whitaker supported the Runanga policy in the hope that it would ease land alienation; in the following year he advanced a complex policy to achieve this end by force. He and Russell had already dominated Domett; in 1863 he, as Premier, and Russell, as Defence Minister, easily converted the Native Minister, Fox, to their belligerent policy.

His Cabinet was in essence the spearhead of the Auckland pro-war party. Full ministerial responsibility for native affairs was accepted, in an effort to neutralise the Governor, Grey, and three crucial Acts followed. The Suppression of Rebellion Act suspended habeas corpus and introduced martial law into disturbed districts; the New Zealand Settlements Act provided for the punitive confiscation of rebel natives' land (some 4¼ million acres were at first envisaged); while the Loan Act (which, because it conflicted with an Imperial Act, ought to have been reserved, but in fact received Grey's assent) authorised a loan of £3 million to develop this extensive domain.

http://www.teara.govt.nz/en/1966/maori-wars/3

...the wars were mainly a series of pitched battles in which each tribe made a final, desperate stand on its tribal domain: Atiawa at Waitara, Waikato at Rangiriri, Ngati Maniapoto at Orakau, and Ngai-te-Rangi at Gate pa. ... for the survivors the future was clouded with bitterness: they had to endure confiscation, the permanent loss of their valued land.

....the European victory was final. Time and numbers were on their side and the confiscated lands were gradually settled by European farmers.

... 3,215,172 acres of Maori land were confiscated in the Waikato, Taranaki, and the Bay of Plenty. Of this area 1,341,362 acres were subsequently purchased or returned, mainly to “friendly” or “loyalist” Maoris. In confiscating the land, little heed was paid to the degree of “guilt” of the “rebels”, and it was noticeable that the best of the confiscated land was retained by the Government for European settlement.

.. .Under the Native Lands Acts of 1862 and 1865 the Crown's right of pre-emption was abolished, a Maori Land Court was established to individualise Maori land titles and European settlers were permitted to purchase land directly from the individuals named in the Court's orders. This was part of a wider policy designed to fulfil the promise of the Treaty of Waitangi to grant Maoris the rights and privileges of European citizens, including representation in Parliament.

But it was the land legislation which had the most disastrous results for the Maoris who became involved.

Another Act of War (Binney)

While hostilities continued in the Tauranga Taranaki and East Coast the Settler government began to legislate to ensure even more land could be made available. They did so by ignoring any obligation under Article 2 or 3 of the Treaty.

Judith Binney has called this an "Act of War' and she is probably right.

The Native Land Court was established under legislation in 1862 and then 1865. It had two main aims. The First was to identify and establish ownership of Maori land and convert the communal form of ownership to a European title. Once under title it could then be sold to Settlers. Henry Sewell said it was designed to undermine and destroy Maori culture (detribalise) by ridding them of the communist thread that ran through all of their institutions.

The Court could investigate ownership and establish title - both a long protracted and expensive process. The Owners could then present their decision to the governor to recieve a freehold title.

No matter how large the area under investigation it could be placed into the control of only 10 trustees. Later legislation would shift the ownership of the land to the trustee who were then free to do as they wished with it, without consulting the larger group of 'owners'.

No matter Settlers could now acquire land outside the confiscation areas.

By 1872 the Court had investigated 5m acres of land.

The 1873 Land Act went further making every member of the tribe an owner on a title. Land could be sold if a simple majority agreed to it.

In the Hawkes Bay, groups of claimants, surveyors and shopkeepers exploited the system to effectively steal Maori land by forcing them to defend often dubious claims and rorting them through the debts this incurred.

The Gate Pa

In Tauranga, the local Ngaitirangi tribe led by Rawiri Puhirake had been supporters of the Waikato tribes fighting the British. Cameron had sent a small force to camp Te Papa to control the tribe. The Ngaitirangi gathered in the Te Papa area to fight the British. They built a pa close to the camp, when this provoked little response, they built one even closer and sent this message:

To the Colonel,Friend, -Salutations to you. The end of that. Friend, do you give heed to our laws for regulating the fight.

Rule 1. If wounded or captured whole, and butt of the musket or hilt of the sword be turned to me, he will be saved.

Rule 2. If any Pakeha, being a soldier by name, shall be travelling unarmed and meets me, he will be captured, and handed over to the direction of the law.

Rule 3. The soldier who flees, being carried away by his fears, and goes to the house of the priest with his gun (even though carrying arms) will be saved. I will not go there.

Rule 4. The unarmed Pakehas, women and children, will be spared.The end. These are binding laws for Tauranga.

This was just what Cameron wanted. He quickly abandoned the Waikato and travelled to Taurange with a large force. In all there were over 1700 Imperial and local Militia concentrated at Te Papa. They brought with them some of the heaviest artillery yet …

Belich wrote:''The concentration of British artillery was of considerable power even in absolute terms. When it is considered that these guns fired unhampered by enemy artillery from a distance of 350 to 800 yards [320 to 730 meters] at a target of less that 3,000 square yards [2,500 square meters], their power appears awesome. Gate Pa was the ultimate test of strength between British and Maori military technologies, between modern artillery and the modern pa. In a wider sense, it was to be the first of many contests between breech-loading, rifled, composite-cast heavy artillery and trench-and-bunker earthworks."

Once again Cameron faced a Modern Pa, but this one was differerent to other fortifications. The pa was shelled from 9am until almost 4pm. When a breach had been made in the outer fence a force of 300 was sent into the pa. Confusion followed and the force was driven back.British casualties were more than a third of the assault force with 100 men killed or wounded. Ten officers were killed while 28 non-commissioned officers and privates were killed and 73 wounded. The 43rd Regiment lost 20 killed (including its colonel, Colonel Booth, 4 captains and a lieutenant) and 12 wounded.

The 68th Regiment lost 4 killed and 16 wounded. The Naval Brigade lost 13 killed (including virtually all of its officers) and 26 wounded. Total Maori losses were estimated at 25.In the confusion and rain that followed the Maori garrison faded into the bush.(New 2008: The blame game immediately followed.

The Settlers and Government expecting a great victory charged the soldiers and the dead officers with cowardice. Cameron was also seen as a scapegoat, no-one it seemed was prepared to give the Maori their due. The Pa was by most measures a wondeful piece of construction. It withstood a massive bombardment and the defences seem to have forseen the style of attack with defences turned inward which mean there were no defenders to attack - they were all safely ensconced within their bunkers. having made their point the Ngaiterangi abandoned the Pa as was the custom.

Two months later a force of 1700 troops routed a 500 of Maori caugt in the middle of building a pa at Te Ranga. This defeat seemed to pacify the Ngatiterangi who surrendered their weapons at Te Papa a month later.