Taitimu Maipi explains why he defaced the statue of Captain John Fane Charles Hamilton in 2018.

A statue of Hamilton's namesake in the city's Civic Square has been defaced in protest.

In an act witnessed by a number of people in the city, Huntly's Taitimu Maipi took to the statue of Captain John Hamilton with red paint and a hammer on Thursday morning.

Inspired by Hamilton opinion columnist for Stuff Richard Swainson's column on August 25 and tipped over the edge by a text message saying the Ministry of Education won't included the Land Wars in the school curriculum, Maipi belted the statue's face about a half dozen times with a claw hammer.

CHRISTEL YARDLEY/STUFF Police have given Maipi a pre-charge warning.

He wants the statue removed and tried to break off the nose, but said it was too hard.

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He then walked casually into the Hamilton City Council reception to leave his contact details. A television camera crew followed him throughout the morning.

CHRISTEL YARDLEY/STUFF Maipi with police in the Hamilton City Council building.

"A lot of our people are being arrested for drink driving, no licence, domestics - all those things. They get arrested," he said shortly after the incident.

"This guy here [Captain Hamilton], he murders all of our people at the Battle of Gate Pā and he gets a statue celebrating his achievements," Maipi said. "It don't make sense to me."

Hamilton Mayor Andrew King said the Captain Hamilton statue evoked strong feelings among some Māori and the council had to ensure their concerns were listened to.

CHRISTEL YARDLEY/STUFF Protester Taitimu Maipi damaged and graffitied the Captain John Hamilton statue in Hamilton's Civic Square.

"I don't condone vandalism but we do have to sit back and listen very carefully to the message that's behind this [attack]," King said.

"It's about dwelling together in harmony. If people find this statue provocative, we have to carefully consider where we go from here."

In November, Maipi took issue with Sir William Gallagher, son of Gallagher Group's founder, when Gallagher called the Treaty of Waitangi a farce in a speech to Waikato business people.

CHRISTEL YARDLEY/STUFF Police inside the council building after the act.

In protest, Maipi marched into the Gallagher Group head office dressed in a makeshift KKK outfit.

Gallagher had said the Treaty document on display at Te Papa was a fraud, Māori ceded sovereignty, and the Foreshore and Seabed Act was the Government handing over the rights of all New Zealanders.

Gallagher Group gifted the statue to the city in March 2013.

The council agreed to have the statue located in Civic Square following a recommendation from its public art panel.

"And William Gallagher puts up this to celebrate his ancestors who murdered our ancestors, so I have a problem with that. I have a major problem with that," Maipi said.

He also has a problem with the Ministry of Education's refusal to teach the history of the New Zealand Land Wars in schools.

"You've got to tell the story as it is. You can't try to hide it because our children need to know what happened."

Maipi was interviewed by police and taken to the police station by an officer.

Hamilton took its name in 1864 from Captain John Charles Fane Hamilton - the naval commander who led a detachment of the 43rd regiment over the palisades at the Battle of Gate Pā during the New Zealand Wars.

In the words of a 19th-century historian: "The gallant Hamilton sprang upon the embankment, waved his sword in the air, and shouted, 'Follow me, men!' Scarcely had the words passed his lips when a bullet struck him in the head, his sword dropped from his hand, and he fell to rise no more."

In 2013, Captain Hamilton's life-size bronze statue was unveiled at Civic Square.

The statue was produced by Margriet Windhausen, well known in Hamilton for her other work, The Farming Family.

Hamilton City Council deputy chief executive Lance Vervoort​ said police issued a pre-charge warning.

"We gave some consideration to our position on this incident and agree that a pre-charge warning was appropriate in the circumstances," Mr Vervoort said.

Council will clean up the statue and repair the damage.

"Although we do not appreciate vandalism to public art, we do understand Captain Hamilton – and more specifically some of the actions he undertook during his life – do cause grievance for some members of our community," Vervoort said.

Hamilton Deputy Mayor Martin Gallagher, who is a relation of Sir William Gallagher, said councillors will receive a briefing on the incident from staff.

"I'm looking forward to democratic and respectful discussion on this issue. However, it should never involve vandalism," Gallagher said.