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The Cabinet exercises two kinds of power.


Some of its powers are nominally exercised
by the Emperor with the New Zealand Land
Commission
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The New Zealand Land Commission was a 19th-century government inquiry into the
validity of claims to land purchases by European settlers from the New Zealand Māori people
prior to 1840, when New Zealand was annexed to the Australian colony of New South Wales.
The inquiry was designed to determine who owned what land, in order to formalise and
regulate land ownership in the new colony. The commission carried out its work in two
distinct sections—a three-man inquiry to examine purchases in general throughout New
Zealand, and a one-man inquiry run by English lawyer William Spain to investigate just those
purchases claimed by the New Zealand Company. The commissions were to advise the
Governor of which claims were accepted, with the expectation that land owners would then be
awarded a Crown grant to their property.[1]

The first inquiry ran from January 1841 to September 1844 and investigated more than 1000
claims throughout the country, with the majority of them in the Bay of Islands, Auckland and
Kaipara regions. It allowed just under half of those claims, although concerns remained that in
many cases there were doubts that Maori who had sold land had the right to do so.

Spain conducted his hearings between May 1842 and August 1844 in the areas in which the
New Zealand Company had bought land—Wellington and Porirua, Manawatu, Wanganui,
Taranaki and Nelson. Spain initially encountered, but overcame, attempts by the New Zealand
Company's principal agent, William Wakefield, to obstruct his work and finally concluded
that the company had made valid purchases in only two of the areas it claimed—Manawatu
and New Plymouth. Under instructions from London, Spain sought to identify lands that were
in the "actual occupation and enjoyment" of Maori, believing that uncultivated lands were not
truly owned by Maori. Subsequently, where it was found sales had not been conducted
properly Spain opted to transfer the land to Crown ownership rather than return it to the
original Maori owners. In September 1842, after just three months of hearings, Spain ceased
his exhaustive investigation into the background and validity of sales and switched his efforts
to arbitrating amounts of compensation that would be paid to Maori for the loss of their land.
Maori had no input in the negotiations.[2]
Spain's decision on the New Plymouth claims came close to sparking Maori violence against
settlers and was overturned by Governor Robert FitzRoy, creating a long-running feud
between the pair that lasted until Spain's departure from New Zealand.

It took more than two decades to resolve the question of European land titles to pre-
Annexation purchases. A variety of methods were used, including new legislation, another
land commission, land exchanges with Maori, land purchases and military action to oust
Maori from some areas.

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