Ng¯ati Tuwharetoa (Bay of Plenty) Claims Settlement Bill

Preamble
Ngāti Tuwharetoa (Bay of Plenty)
Claims Settlement
New (unanimous)
stated that if those responsible for the killing of Fulloon were
not given up then ‘‘the Governor will seize a part of the lands
of the Tribes who conceal these murderers’’:
(12) On 4 September 1865 the Governor issued a proclamation of
martial law in the Whakatāne and Ōpotiki areas to enable the
capture of those accused of the murder of Fulloon and others.
Crown troops remained stationed outside some pā, for the
purpose of pursuing those thought to be involved in the
murders:
(13) Around October 1865 the occupants of Pārawai Pā evacuated
and went to Te Kupenga Pā, joining other Bay of Plenty iwi,
including some of the individuals listed in the arrest warrant.
Crown troops attacked Te Kupenga. On 20 October 1865 all
those remaining at Te Kupenga surrendered to the Crown
force:
Confiscation under New Zealand Settlements Act 1863
(14) By an Order in Council on 17 January 1866 the Crown confiscated
approximately 448 000 acres of land in the eastern Bay
of Plenty, under the New Zealand Settlements Act 1863. The
description of the confiscation boundary was amended by a
subsequent Crown proclamation of 1 September 1866. The
confiscated area included approximately 87 000 acres of the
traditional lands of Ngāti Tuwharetoa (Bay of Plenty):
(15) According to the legislation 2 of the purposes of the
New Zealand Settlements Act 1863 were to provide permanent
peace and security, and establish and maintain the
Queen’s authority. The Act described the introduction of a
sufficient number of settlers as ‘‘the best and most effectual
means’’ of achieving those purposes:
(16) The Act did not mention punishment, but was punitive in
nature. It was used to effect the confiscation of Māori land
whenever the Governor in Council was satisfied that ‘‘any
Native Tribe or Section of a Tribe or any considerable number
thereof’’ had been engaged in ‘‘rebellion’’ against the authority
of the Queen since 1 January 1863. The Governor could
proclaim a District, for the purposes of the Act, where there
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