
British and colonial forces crossed the Mangatawhiri Stream on 12 July 1863, the beginning of the land conflict which led to a great portion of land in the Waikato / Bay of Plenty area being confiscated from the Maori occupiers.
Confiscation of land was made under the New Zealand Settlements Act of 1863, passed in December 1863, which allowed for the confiscation of land from natives said to be "in rebellion against Her Majesty's authority". The act stated "that some adequate provisions should be made for the permanent protection and security of the well-disposed inhabitants of both races, for the prevention of future insurrection or rebellion, and for the establishment and maintenance of Her Majesty's authority, and of law and order throughout the colony." It was thought that the best and most effectual means of achieving this was to bring in sufficient settlers of European descent.
The act was passed a month before the first man enlisted for the 4th regiment. From this it can be seen that the land was not there at the time it was promised to the Waikato militia men but the means to confiscate it from the native owners had been made. With or without resistance the government had planned to take the land for European settlers. The Governor in Council was able to take native land in order to set apart sites for settlement and they also made provision for proceeds of land sales to go to public works plus establishment of schools etc.
The initial invasion of the Waikato by British troops, and later the militia, was orchestrated for the express purpose of ensuring that land was available for European settlers. The intention may have been to force the local occupiers to sell their land but the ensuing conflict resulted in confiscation of land as covered by the 1863 act. The Waikato, in particular, was obviously seen as having valuable farming potential by those involved in promoting the invasion but much of the land around Hamilton was swamp/peat/bracken and would not have looked profitable for farming to men who, generally, had little or no experience the occupation.
"At present there is many a family literally starving and next week there will be something like 135 families struck off rations and no work nor anything whereby a man can provide for his family.
A comrade of mine called on me two or three days ago and told me that his wife had just been confined and that he had come to beg a candle, a pot of tea, sugar and bread. He said that neither he nor his family had tasted food for twenty-four hours. I know of many similar cases. There are a great many this season who will not be able to get seed for their acres and most of the crops failed last year.
I planted in my name last year 8 cwt. of potatoes and only took out 3 cwt. Certainly mine was new ground but plenty were equally unfortunate. The doctor has just been struck off pay."
Petition from Hamilton widows Gilmore, Sands, Lynch and McCullough as recorded in a report dated 15 May 1867.
"That your petitioners' late husbands looked for three years of service under the New Zealand Government and died before expiration of that period leaving we in a strange country and amongst strangers with young and helpless families.
That up to the present time the Government have considerately issued ration allowance to we and that this ration allowance has mainly contributed to keep ourselves and families from perishing of starvation.
That your petitioners' have been informed that this boon so long continued is to cease on 30 June 1867 as winter sets in without employment of any description and without the remotest prospect of any. We your petitioners being in so helpless a condition deprived of our natural protectors and shut out from other aid than that approved by the Government would respectively remind you of impossibility of removing children of tender years in so dread a season of the year without money almost without clothes and if the present intimation made to your petitioners is correct also without food.
That your petitioners have received the lands allotted to their late husbands but the sale of the land at the present very reduced price would only temporarily allay their distress but compel them to remain a permanent burden on the community whilst the proceeds of sale even at present rates at a more genial season of the year would enable ourselves and children to regain our friends.
Under these miserable circumstances and prospects Honourable Sir we most sincerely request to be retained on ration allowance during the winter months that is until the 30th September 1867 and having already experienced the liberality of the Government we sincerely trust that this appeal of the widows and the fathers the bereaved and the distressed will not be made in vain. And your petitioners pray."
This petition was declined;
"They had all had well over 12 months rations - generally about 2 years - As these widows have in every instance received more than 12 months rations their application cannot be entertained - F M Haultain."