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1.1
Indexes 
Customary Māori land and sea tenure: ngā tikanga tiaki taonga o
neherā. 1991. [NZ & P 333.0995 R34] A bibliography of sources of
information about mana whenua and mana moana. Rights to land and sea resources
are sorted into 31 separate categories and references listed for each
category. Sources covered include the minute books of the Māori Land
Court to 1890, the AJHR (see below) and evidence to the Waitangi Tribunal. The
main focus of the project has been to look for statements by Māori. There
is also a brief essay on basic principles of customary title.
1.2
Select
Bibliography
N.B. Most of these books and articles will have their own bibliographies
and lists of references and these can be used to find additional sources.
Acheson, Frank Oswald Victor. 1915. The ancient Māori system of land
tenures (some few aspects of). [Thesis 79-030]
Allen, Harry. 1996. Horde and hapu: the reification of kinship and
residence in prehistoric Aboriginal and Māori settlement organisation.
in Davidson, Janet et al. (eds.) Oceanic culture history
pp.631-640 [ NZ & P 306.099 G79]
Anderson, Atholl. 1996. Wakawaka and mahinga kai: models of traditional
land management in southern New Zealand. in Davidson, Janet et al.
(eds.) Oceanic culture history pp.631-640 [ NZ & P 306.099 G79]
Ballara, Angela. 1998, c1997. Iwi : the dynamics of Māori tribal
organisation from c.1769 to c.1945. [NZP 305.899442 B18] An excellent
starting point. Many examples from close study of Māori evidence in the
19th century Native Land Court.
Barlow, Cleve. 1991. Tikanga whakaaro: key concepts in Māori culture.
[NZ & P 301.451095 B25]
Bell, Francis Dillon. 1861. Notes on Sir William Martin’s pamphlet
entitled The Taranaki question.[NZ Glass Case 995.035 M38Vb] Waitara
dispute
Bowden, Ross. 1979. Tapu and mana: ritual authority and political power
in traditional Māori society. Journal of Pacific History
14(50). [Short Loan Collection 990.5 J86]
Brown, Edward Harold. 1860. The case of the war in New Zealand.
[NZ Glass Case 995 B88] Waitara dispute
Busby, James. 1860. Remarks upon a pamphlet entitled “The Taranaki
question: by Sir William Martin. [NZ Glass Case 995.035 M38v] Waitara
dispute.
Clarke, George. [1861?]. Māori land...pamphlet in answer to Mr.
James Busby’s on the Taranaki question and the Treaty of Waitangi. [NZ
Glass Case 995 C95p] Waitara dispute
Cleave, 1983. Tribal and state-like political formations in New Zealand
society. J.P.S. 92(1).
Ehrhardt, Penny. 1993. Te Whanaganui-ā-Tara: customary tenure
1750-1850. [NZ & P 354.95 W144 3]
Firth, Raymond. 1929. Economics of the New Zealand Māori. [NZ
& P 572.995 F52]
Gudgeon, Thomas Wayth. 1885. The history and doings of the Maoris :
from the year 1820 to the signing of the Treaty of Waitangi in 1840. [NZP
572.995 G92] pp.183 to 225 on Māori land and the influence of the
chiefs.
Hadfield, Octavius. 1860. One of England’s little wars: a letter to
the Right Hon. the Duke of Newcastle, Secy. of State for the Colonies. [NZ
& P 995.035 H12o] Waitara dispute.
Johnson, Justice. 1860. Notes on Māori matters. [NZ Glass Case
995 J72]
Kawharu, I.H. 1977. Māori land tenure : studies of a changing
institution. [NZ & P 333.0995 K22ma]
Keesing, Roger M. 1984. Rethinking mana. Journal of Anthropological
Research (40):137 [Anthropology Reading Room]
Layton, 1984. Alienation right in traditional Māori society : a
reconsideration. J.P.S. 93(4).
MacCormick, C.E. 1941. Native custom as relating to the ownership of
land. New Zealand Law Journal 19 Aug, 1941, pp.173-175. [Davis Law
Library]
Martin, William M. The Taranaki question. 1860. [NZ Glass Case
995.035 M38] Waitara dispute
Monin, Paul. 1995.. The Māori economy of Hauraki, 1840-1880. NZJH
29(2)
New Zealand. Native Land Court. 18 . Important judgments delivered in
the Compensation Court and Native land Court 1866-1879. NZ Glass Case
346.4 F34] Includes judgments on Orakei Block and Te Aroha Block
New Zealand. Waitangi Tribunal. 1993. The Pouakani report. [NZ
& P 354.95 W14] Raukawa and Tuwharetoa boundaries.
Parsonson, Ann R. 1978. He whenua te utu (the payment will be land)
[Thesis 81-72]
Parsonson, Ann R. 1981. The pursuit of mana? in W.H. Oliver (ed). Oxford
history of New Zealand, 140-167. [Short Loan Collection 995 O98]
Patterson, John. 1989. Utu revenge and mana. British review of New
Zealand studies (2):51. [NZ & P 995.008 B86]
Patterson, John. 1992. Exploring Māori values. [Short Loan
Collection 301.451095 P31]
Pitt, W.T. 1932. Māori land tenure prior to the arrival of the
Pakeha in Tairāwhiti Māori Association. Echoes of the pa.
[NZ Glass Case 572.995 Z T13]
Prytz Johansen, J. 1954. The Māori and his religion in its
non-ritualistic aspects. [NZ & P 572.995 J65]
Riseborough, Hazel and John Hutton. 1997. The Crown's engagement with
customary tenure in the nineteenth century. [NZP 354.95 W144rnc]
Waitangi Tribunal report. Part II, pp.119-200 is entitled The
interpretation of customary Māori land tenure by the Native (Māori)
Land Court and includes an analysis of the views of Norman Smith q.v.,
Edward Shortland, George Clarke and William Martin, and a close look
at some early title investigations in the Hauraki area.
Salmond, Anne. 19 . Tipuna-Ancestors: aspects of Māori progmatic
descent in Pawley, Andrew (ed). Man and a half . [NZ & P 572.99
B93]
Schwimmer, E. 1990. The Māori hapū : a generative model. J.P.S.
99(3).
Sinclair, Douglas. 197 . Land: Māori view and European response in
King, Michael (ed). Te Ao hurihuri, 64-83. [Short Loan Collection
572.995 A637]
Sinclair, Fergus. 1993? Issues arising from pre-Treaty land
transactions. [NZ & P 354.95 W14 45si] Crown historian's
submission to the Waitangi Tribunal in the Muriwhenua claim
Smith, Norman. 1942. Native custom affecting Native land. [NZ
Glass Case 333.0995 S65] Also Davis Law Library
Stokes, Evelyn. 1997. Māori customary tenure of land. [NZ & P
346.0462 S87]
Swainson, William. 1862. New Zealand and the war. [NZ Glass Case
995 S97n]
Turton, H. Hanson. 1883. An epitome of official documents relative to
Native affairs and land purchases in the North Island of New Zealand
[NZ Glass Case 333.0995 M29o] See Section F “On the tenure of Native
lands” This is a compendium of opinions from Shortland, Clarke, McLean,
Richmond, Fenton, Martin, Hamlin, .Spain, Hadfield, Swainson, Busby,
White, Buddle and Wilson on different facets of mana whenua. (63pp.) See
also Section G “On the establishment of a Court of Native title”
Ward, Alan. 1986. Alienation rights in traditional Māori society. J.P.S.
95(2).
Winiata, Maharaia. 1956. Leadership in pre-European Māori society. J.P.S.
65(3).
N.B. The J.P.S. (Journal of the Polynesian Society) is held in the NZ Glass
Case. Copies are also available in the Mātauranga Māori Collection.
Ask by year or volume number at Special Collections Reception Desk. The NZJH (New
Zealand Journal of History) is held in the NZ Glass Case and on the open
shelves at [NZ & P 995.005 N53]. Theses are available from the Lending
Services Desk.
1.3
British
Parliamentary Papers
Appendix to Report from Select Committee on New Zealand.
See letters from Edward Shortland and George Clarke (Protector and Chief
Protector of Aborigines) to the Colonial Secretary on customary land tenure,
Vol.II pp.355-360
1.4
Appendix to the Journals of the House of
Representatives (AJHR)
This publication is located in the University of
Auckland General Library, New Zealand & Pacific Collection, Level G. The
call number is 328.95 N56a.
This publication contains a selection of documents tabled in Parliament. It
began in 1854 and continues today. Documents include official correspondence,
reports of commissions, annual reports of government departments and other
government bodies and a miscellany of other material. The reports listed below
include transcripts of evidence from hearings on various blocks where special
inquiries were being held. See the index at the end of the sequence for more
references.
AJHR 1860 E No.1B Richmond re Waitara, E No.4 Hadfield re Waitara.
AJHR 1861 E No.1 Appendix A (14pp.)Opinions on Māori land tenure
from McLean, Martin, Maunsell, Hamlin, Spain, Clarke, Hadfield, Swainson,
Busby, Buddle, Shortland, White and Wilson. Requested for investigation of
the Waitara dispute.
AJHR 1866 A No.13 Judge Fenton re rights of absentees.
AJHR 1867 A No.10 Letters from Native Land Court judges re the working
of the Native Lands Act.
AJHR 1871 A No.2A Māori Land Court judges and a selection of Māori
chiefs and assessors on customary title and the Māori Land Court.
AJHR 1876 G No.1A Re intertribal boundary between Tuhoe and Kahungunu.
(8pp.)
AJHR 1881 G No.2A Ngati Kauwhata Claims Commission. Re claims from Ngati
Raukawa living at Kapiti and Horowhenua to lands in the south Waikato.
(33pp.)
AJHR 1898 G No.2A Horowhenua Block (Transcript of the case in the Native
Appellate Court) 184pp.
AJHR 1904 G No.7 Te Akau Block
1.5
Maps
Maps showing plots of various named individuals in the Pekapeka (Waitara)
Block See AJHR 1863 E23 and AJHR 1863 E1B
1.6
New Zealand Māori Land Court
The Microtexts Room holds a complete set of Māori Land Court minute
books from 1865 to 1975 on microfilm. These minute books are one of the main
sources for investigating traditional mana whenua and its adaptations in the
later nineteenth century. Bound volumes of Te Tai Tokerau Minute Books, and
Orakei Minute Books, are available in the Mātauranga Māori
Collection.
Using the University of Auckland on-line index it is possible to sort out
all the cases over, say, 50 pages in length in any given area, between, say,
1870 and 1890. Then particular cases which should include claims to ownership
based on various facets of traditional tenure can be singled out for further
investigation. In many cases there is an original title investigation which
focuses on competing hapū claims and a subsequent relative interests,
equitable interests or partition case which will involve individual rights
within the larger groups. These cases will tend to focus more on recent
events.
There are several cases in which land was awarded to a hapū as a
group, notably the Whakatere-Manawakaiaia Block awarded to Te Mahurehure hapū
in Northland. Other blocks were deliberately put in the name of one or two
chiefs to prevent land sales (see Horowhenua No.11 partition, 1890) or to
facilitate sales. Many blocks in Northland and north of the Waiapu River on
the East Coast were held under customary tenure until after 1900 and ownership
was first investigated by local Māori committees under special
legislation. Minutes were written down in Māori and many of these
papatupu block committee minute books are held in the Mātauranga Māori
Collection.
Title to each block of land had to be investigated by the Māori Land
Court before it could be sold or leased. Almost the whole country, with the
exception of those areas already sold before 1865 and the confiscated blocks,
was brought before the Court for this original title investigation before
1910. Further Court hearings were held in subsequent years to create
partitions of these original blocks, and to award succession to the
descendants of the original owners. From the 1880s inquiries were held to look
at all the dealings in particular blocks since the original title
investigation and rehearings could be ordered by Parliament. Relative
Interests and Equitable Owners hearings divided interests among the listed
owners and added to titles the names of the rest of the hapū in cases
where blocks had originally been awarded to a handful of rangatira as
representatives for the tribe. An Appellate Court was set up in 1894 to hear
appeals. Some Appellate Court minutes were recorded in separate minute books.
Others were entered in the ordinary court books. A Validation Court was set at
the same time to investigate blocks where the ownership had become very
confused by changes in the legislation, with powers to retrospectively
validate transactions entered into in good faith.
Unofficial Māori language records of hearings on a few blocks were
sometimes made by owners or assessors and copies of some can be found in
Special Collections.
1.7
Indexes to the Minute Books
Māori Land Court Minute Books Database 1865-1910
This database indexes minute books by block name, type and length of case,
witnesses, hapū and whakapapa. The database can be searched on-line at
The University of Auckland Library.
There are also indexes to date and place of sitting for the whole of the
period 1865-1975 and each book has its own index at the beginning of the book.
For more information view our guides: Māori Land Court Minute Books and
Māori
land for more information.
1.8 Customary
Land Tenure in Other Pacific Countries
Customary land and sustainable development: complementarity or
conflict? 1995. [NZ & P 333.3099 C98] Issues around the Pacific.
Firth, Raymond. 1936. We, the Tikopia : a sociological study of
kinship in primitive Polynesia. [NZ & P 572.9935 F52w] Republished
in 1957 and 1983. Tikopia is a Polynesian outlier in the Solomon Islands,
adhering to traditional religious customs and beliefs when Firth did
extensive fieldwork there in the 1920s.
Land custom and practice in the South Pacific. 1995. [NZ & P
333.32099 W26]
Lea, David. 1996. Melanesian land tenure in a contemporary and
philosophical context. [NZ & P 333.309932 L43]
McGavin, P.A. 1993. Economic security in Melanesia : key issues for
managing contract stability and mineral resources development in Papua New
Guinea, Solomon Islands, and Vanuatu. [NZ & P 338.209932 M14]
Try further guided keyword searches on Voyager:
custom? tenure
land tenure oceania
land tenure pacific
land tenure papua
etc
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