The Native Lands Act 1862, according to its preamble, “provided for the ascertainment of the ownership of native lands and for granting certificates of title thereto”. Here is exactly what the Act contains:

1. Short title Native Lands Act 1862.

2. Title by native custom to be recognised.

3. Courts may recognize title as such.

4. Governor may establish courts to ascertain native title.

5. Europeans to preside over courts.

6. Governor may make rules for the court.

7.Courts to ascertain and define native ownership.

8. Governor may confirm proceedings of the court.

9. Governor may make reserves and settlements for the benefit of native owners.

10. Governor may make such reserves inalienable.

11. Copies of grants etc to be sent to president.

12. Court to issue certificates of title.

13. Land to be surveyed before titles issued.

14. Certificates to be conclusive as to ownership.

15. Governor may sign certificates and affix public seal.

16. Rules may be made for registration of certificates and transfer.

17. Persons names in certificates may dispose of land described therein.

18. Governor may issue grants in exchange for certificates.

19. Duties to be paid on the sale of lands.

20. Mode of subdividing tribal rights.

21. Governor may at request of tribes make regulations and plans for settlement of native lands.

22. Regulations so made to be valid.

23. In such regulations, reserves may be made for public purposes.

24. Grants & c may be made for giving effect to such regulations.

25. Regulations may provide for the raising of money for public objects.

26. Custody of moneys so raised.

27. Reserves may be made for public roads.

28. Surveys may be made at request of natives.

29. Persons not to be liable to penalties for purchase &c after certificate issued.

30. Contracts before certificates issued to be void.

31. Manawatu Block excepted from the operation of this act.

32. Pending agreements for cession of territory to be completed.

33. Act not to interfere with the Land Claims Act.

34. Act not to interfere with the acquisition of land by Her Majesty.

35. Interpretation of term “native lands”.

36. Act to come into operation in districts proclaimed by governor.

37. Act to be reserved for the Queen’s assent.(3)

The Act was passed two years after a row over the Waitara block sparked the first Taranaki War, and after 22 years of squabbles over conflicting ownership claims by Maori over land. One group of Maori would sell an area of land and another group would appear, assert they were owners, and demand payment as well.

Grievance specialists claim that the Native Lands Act 1862 “aimed to extinguish all Maori land titles”. But if the colonial government wanted “to extinguish all Maori land titles”, why did they enact a 37-clause piece of legislation which recognised Maori title, established courts to recognise such title, enabled those courts to ascertain and define Maori ownership, enabled the governor to make reserves and settlements to benefit Maori owners, and enabled the court to issue certificates of title to Maori owners.

A much simpler way to extinguish all Maori land titles could be by an Act of parliament saying just that – and the parliament of the day had the numbers to do it.

Despite the numerous complaints about what was wrong with the Native Land Act, it lives on as the Maori Land Court, and many Maori land owners throughout the country were able to sell their land and do well out of it. Maori land-owners were not dragged to the court to be divested of their land. They lined up for court sittings. A number of tribes opted not to sell and set up land-ownership trusts that survive and continue to pay dividends.

Source

Native Lands Act 1862. http://nzetc.victoria.ac.nz/tm/scholarly/tei-Mac02Comp-t1-g1-t18-g1-t24.html