M036. Crown's Opening Submissions

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M036. Crown's Opening Submissions: page 8  (17 pages)
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23.       At a national political level, the situation was mercurial, particularly during the period of the wars in the early 1860s. Responsible government was still in its infancy (having been introduced only in 1854) and political coalitions were formed and dissolved with rapidity. To take but one example, in the period between 1860 and 1870, the identity of the Native Minister changed more often than once a year1. And between July 1861 and October 1865 there were four successive ministries. Thus the circumstances in which consistent and thoughtful policy on any subject could be developed were barely present. Pragmatism almost necessarily ruled.

24.       Locally, Provincial Government had been established in 1852 and the Crown subsequently instituted the so-called “new institutions” involving the District runanga, and the use of resident magistrates and Civil Commissioners. Crown action cannot be confined to the deeds of central government. Often (and this was certainly the case in Tauranga Moana) the Crown’s representatives “on the ground” were sensitive, and tended to respond reasonably and honourably, to local exigencies.

25.       The relationship between Provincial and Central Government was not an easy one. However both had to try to strike a balance between the settlers’ demands for law, order, security, land, stability and more concretely for public works such as roads - against the demands of the Treaty partner for protection, stability and (at least to a degree) autonomy. Further, there was a continual, overarching and pressing need to find the money necessary to fund the new colony in all its aspects.

26.       In addition, there was the relationship with a distant Sovereign and her representative in New Zealand, the Governor. As already noted, the New Zealand Parliament was in its infancy, under the 1852 Constitution the laws it passed were not permitted to be “repugnant” to the laws of England, and the Sovereign could disallow Acts of the New Zealand

1 A total of 11 men held the post within that 10 year period, 1 of whom held the position twice.