The English text of Article 2 of the Treaty of Waitangi gave the Crown a particular right over Māori land sales. What was it?
Correct Answer
A) The right of pre-emption: Māori could sell land only to the Crown
In the English text of Article 2, chiefs yielded to the Crown the exclusive right of pre-emption over lands they wished to sell, so the Crown was the only lawful buyer of Māori land. The Crown waived pre-emption in the Native Lands Act 1862. It is part of the history of Māori land loss, not a current rule, and it is not one of the modern Treaty principles.
Why This Is the Correct Answer
In the English text, chiefs yielded to the Crown the exclusive right of pre-emption over lands they wished to sell, meaning the Crown was the only lawful buyer. It was waived in 1862, so it is history rather than a current rule.
Why the Other Options Are Wrong
Option B: A right to approve every sale, a role now held by the Māori Land Court
The Crown's right was to be the buyer, not an approver; Court confirmation of sales comes from modern statute, not Article 2.
Option C: A right of first refusal that the Crown still holds over Māori land
Pre-emption was waived by the Native Lands Act 1862; today's rights of first refusal come from Treaty settlements and run in favour of iwi.
Option D: A power to take any Māori land for public works without compensation
Article 2 guaranteed possession of land unless owners chose to sell to the Crown; it gave no power to take land without compensation.
Deep Analysis of This Treaty Maori Question
Pre-emption let the Crown buy Māori land cheaply and on-sell it to settlers, a pattern the Waitangi Tribunal has examined in many inquiries. When the Crown waived pre-emption, private buyers could deal directly with Māori owners through the Native Land Court process, which led to further large-scale land loss.
Background Knowledge for Treaty Maori
Article 2 had two sides in the English text: a guarantee of possession of lands, forests and fisheries, and the Crown's right of pre-emption. Modern Treaty principles, such as partnership and active protection, are different from these historical terms.
Memory Technique
Pre = before, emption = buying: the Crown buys before anyone else, and in 1840 it was the only lawful buyer.
If a question asks what Article 2 gave the Crown over land, the answer is pre-emption; remember it was waived in 1862.
Exam Tip for Treaty Maori
Pre-emption is historical; do not treat it as a rule that affects sales today.
Real World Application in Treaty Maori
A buyer researching the history of a rural block finds that it was bought by the Crown in the 1850s under pre-emption and later sold to a settler. The history explains why the block is general land today and why it features in a Treaty settlement's historical account.
Common Mistakes to Avoid on Treaty Maori Questions
- •Thinking pre-emption still applies today
- •Confusing pre-emption with settlement rights of first refusal
- •Listing pre-emption as a modern Treaty principle
Related Topics & Key Terms
Key Terms:
More Treaty Maori Questions
A block of Māori freehold land has hundreds of owners, many living overseas or hard to trace. What practical challenge does this usually create when some owners want to sell?
The Treaty principles are often summarised as "the three Ps". Which of these is NOT one of them?
What is a key consideration for real estate agents when dealing with Maori land transactions?
A block of Māori freehold land has 150 owners with defined shares of different sizes. Under Te Ture Whenua Māori Act 1993, whose agreement is needed before the owners can sell the block?
In a situation where Crown land is being returned to Maori ownership through a Treaty settlement, what is the most likely land status classification it will receive?
- → What is the key difference between general land owned by Māori and Māori freehold land?
- → In the context of the Treaty of Waitangi, what does the principle of partnership mean for modern property transactions?
- → A developer wants to buy a block of Māori freehold land with 47 owners in three whānau groups who disagree about selling. Under Te Ture Whenua Māori Act 1993, what decides whether the sale can go ahead?
- → Under Te Ture Whenua Maori Act 1993, what is the primary purpose of the Maori Land Court?
- → Which classification of land under Te Ture Whenua Maori Act 1993 is subject to the most restrictions on alienation?
- → The Treaty principle of "active protection" is often raised in property discussions. What does it require, and of whom?
- → Owners of a block of Māori freehold land ask a licensee to sell it. What should the licensee's first step be?
- → What is the most appropriate approach for a licensee handling a property that may affect Māori interests?
- → Which type of Māori land can be freely bought and sold on the open market without restriction?
- → Someone asks a licensee to sell land they say is Māori freehold land. What is the licensee's most appropriate first step?
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