Treaty of Waitangi

1840 agreement between the British Crown and Māori leaders in New Zealand

This article's lead section may be too long. Please read the length guidelines and help move details into the article's body. (November 2024)

|

Treaty of Waitangi
Te Tiriti o Waitangi

The Waitangi Sheet of the Treaty of Waitangi

Context| Treaty to establish a British Governor of New Zealand, consider Māori ownership of their lands and other properties, and give Māori the rights of British subjects
Drafted| 4–5 February 1840 by William Hobson with the help of his secretary, James Freeman, and British Resident James Busby
Signed| 6 February 1840
Location| Waitangi in the Bay of Islands, and various other locations in New Zealand. Currently held at National Library of New Zealand, Wellington.
Signatories| Representatives of the British Crown, various Māori chiefs from the northern North Island, and later a further 500 signatories
Languages| English, Māori
Full text
Treaty of Waitangi at Wikisource
www.treatyofwaitangi.govt.nz

Part of a series on the

History of New Zealand
Timeline
General topics

* Antarctic
* Capital city
* Economic
* Education
* Environment
* Māori
* Military
* Natural
* Political
* Voting
* Postal
* Rail transport

Prior to 1800

* Natural history
* Archaeology

19th century

* European settlers
* New Zealand Company
* Musket Wars
* Treaty of Waitangi
* British colony
* New Zealand Wars
* Land confiscations
* The Vogel Era
* Temperance movement
* Women's suffrage

Stages of independence

* Responsible government
* Dominion status
* Statute of Westminster Adoption Act 1947

World Wars

* World War I
* World War II

Post-war and contemporary history

* Wool boom
* Māori protest movement
* Think Big
* Rogernomics
* Nuclear-free zone
* Foreshore and seabed controversy (2004)
* Christchurch national crises (2010s)
* September 2010 and February/June 2011 earthquakes
* 2019 mosque massacre
* Pike River Mine disaster (2010)
* COVID-19 pandemic (2020–2022)

See also

* Bibliography
* List of years in New Zealand

New Zealand portal

* v
* t
* e

The Treaty of Waitangi (Māori: Te Tiriti o Waitangi), sometimes referred to as Te Tiriti, is a document of central importance to the history of New Zealand, its constitution, and its national mythos. It has played a major role in the treatment of the Māori people in New Zealand by successive governments and the wider population, something that has been especially prominent from the late 20th century. The treaty document is an agreement, not a treaty as recognised in international law.[1] It was first signed on 6 February 1840 by Captain William Hobson as consul for the British Crown and by Māori chiefs (rangatira) from the North Island of New Zealand. The treaty's quasi-legal status satisfies the demands of biculturalism in contemporary New Zealand society. In general terms, it is interpreted today as having established a partnership between equals in a way the Crown likely did not intend it to in 1840. Specifically, the treaty is seen, first, as entitling Māori to enjoyment of land and of natural resources and, if that right were ever breached, to restitution. Second, the treaty's quasi-legal status has clouded the question of whether Māori had ceded sovereignty to the Crown in 1840, and if so, whether such sovereignty remains intact.[2]

The treaty was written at a time when the New Zealand Company, acting on behalf of large numbers of settlers and would-be settlers, was establishing a colony in New Zealand, and when some Māori leaders had petitioned the British for protection against French ambitions. It was drafted with the intention of establishing a British Governor of New Zealand, recognising Māori ownership of their lands, forests and other possessions, and giving Māori the rights of British subjects. It was intended by the British Crown to ensure that when Lieutenant Governor Hobson subsequently made the declaration of British sovereignty over New Zealand in May 1840, the Māori people would not feel that their rights had been ignored.[3] Once it had been written and translated, it was first signed by Northern Māori leaders at Waitangi. Copies were subsequently taken around New Zealand and over the following months many other chiefs signed.[4] Around 530 to 540 Māori, at least 13 of them women, signed the Māori language version of the Treaty of Waitangi, despite some Māori leaders cautioning against it.[5][6] Only 39 signed the English version.[7] An immediate result of the treaty was that Queen Victoria's government gained the sole right to purchase land.[8] In total there are nine signed copies of the Treaty of Waitangi, including the sheet signed on 6 February 1840 at Waitangi.[9]

The text of the treaty includes a preamble and three articles. It is bilingual, with the Māori text translated in the context of the time from the English.

* Article one of the Māori text grants governance rights to the Crown while the English text cedes "all rights and powers of sovereignty" to the Crown.
* Article two of the Māori text establishes that Māori will retain full chieftainship over their lands, villages and all their treasures while the English text establishes the continued ownership of the Māori over their lands and establishes the exclusive right of pre-emption of the Crown.
* Article three gives Māori people full rights and protections as British subjects.

As some words in the English treaty did not translate directly into the written Māori language of the time, the Māori text is not an exact translation of the English text, particularly in relation to the meaning of having and ceding sovereignty.[10][11] These differences created disagreements in the decades following the signing, eventually contributing to the New Zealand Wars of 1845 to 1872 and continuing through to the Treaty of Waitangi settlements starting in the early 1990s.

During the second half of the 19th century Māori generally lost control of much of the land they had owned, sometimes through legitimate sale, but often by way of unfair deals, settlers occupying land that had not been sold, or through outright confiscations in the aftermath of the New Zealand Wars. In the period following the New Zealand Wars, the New Zealand government mostly ignored the treaty, and a court judgement in 1877 declared it to be "a simple nullity". Beginning in the 1950s, Māori increasingly sought to use the treaty as a platform for claiming additional rights to sovereignty and to reclaim lost land, and governments in the 1960s and 1970s responded to these arguments, giving the treaty an increasingly central role in the interpretation of land rights and relations between Māori people and the state.

In 1975 the New Zealand Parliament passed the Treaty of Waitangi Act, establishing the Waitangi Tribunal as a permanent commission of inquiry tasked with interpreting the treaty, investigating breaches of the Principles of the Treaty of Waitangi by the Crown or its agents, and suggesting means of redress.[10] Settlements with a total value of roughly $1 billion have been awarded.[10][12] Various legislation passed in the latter part of the 20th century has made reference to the treaty, which has led to ad hoc incorporation of the treaty into law.[13] Increasingly, the treaty is recognised as a founding document in New Zealand's developing unwritten constitution.[14][15][16] The New Zealand Day Act 1973 established Waitangi Day as a national holiday to commemorate the signing of the treaty.

## Context and background history

[edit]

Main article: History of New Zealand

Treaty making by European powers with indigenous peoples had always been common but not universal practice in empire building.[17] Treaties were dependent on the specific situation. In 19th century New Zealand, the British wanted to formalise their involvement in the country, regulate land speculation and control general disorder. They were faced with a Māori population that was more numerous, with cultivated land and government. Therefore, the British drew up the Treaty of Waitangi. In comparison, this situation did not apply in Australia where no treaties were deemed necessary by the British.[18]

Māori generally respected the British, partially due to their relationships with missionaries and also due to Britain's status as a major maritime power,[19] which had been made apparent to Māori travelling outside New Zealand.[20]

While heading the parliamentary campaign against the British slave trade for twenty years, leading to slave trading being prohibited in the British Empire in 1807, William Wilberforce, with other members of the Clapham Sect, championed the foundation of the Anglican Church Missionary Society (CMS) in 1799, with the determination to improve the treatment of indigenous people by the British. This led to the establishment of the Christian mission in New Zealand, which saw laymen arriving from 1814 to teach building, farming and Christianity to Māori, as well as training Māori ministers.[11]

The Māori language did not then have an indigenous writing system. Missionaries learned to speak Māori, introduced the Latin alphabet and, with Māori, developed the written form of the language between 1817 and 1830. In 1833, while living in the Paihia mission-house of the head of the New Zealand CMS, Rev Henry Williams, missioner William Colenso published Māori translations including parts of books of the Bible, the first books printed in New Zealand. Demand for Colenso's 1837 Māori New Testament, and for the Prayer Book that followed, grew exponentially, as did Christian Māori leadership and public Christian services, with 33,000 Māori soon attending regularly. Literacy and understanding the Bible increased mana and social and economic benefits.[11]

Other major players in the area around the 1830s included American whalers and French Catholics who came for trade and as missionaries. The Māori were deeply distrustful of the French, due to a massacre of 250 people that had occurred in 1772, when the French retaliated for the killing of Marion du Fresne and some of his crew.[20]

While the threat of general French colonisation never materialised, in 1831 it prompted thirteen major chiefs from the far north of the country to meet at Kerikeri to compose a letter to King William IV asking for Britain to be a "friend and guardian" of New Zealand.[21] It is the first known plea for British intervention written by Māori.[22] In response, the British government sent James Busby in 1832 to serve as the British Resident in New Zealand. In 1834 Busby drafted a document known as the He Whakaputanga (in the Māori language) and the Declaration of the Independence of New Zealand (in English) which he and 35 northern Māori chiefs signed in 1835, establishing those chiefs as representatives under the title of the "United Tribes of New Zealand". He Whakaputanga (Declaration of the Independence of New Zealand) asserted that the 'public authority' of New Zealand remained with Māori.[23] This document was not well received by the Colonial Office in Britain, and it was decided in London that a new policy for New Zealand was needed.[24] From a Māori perspective, The Declaration of Independence had a twofold significance: first, for the British to establish control of its lawless subjects in New Zealand; and second, to establish internationally the mana and sovereignty of Māori leaders.[25][26]

From May to July 1836, Royal Navy officer Captain William Hobson, under instruction from Governor of New South Wales Sir Richard Bourke, visited New Zealand to investigate claims of lawlessness in its settlements. Hobson recommended in his report that British sovereignty be established over New Zealand, in small pockets similar to those of the Hudson's Bay Company in Rupert's Land (in present-day Canada).[27] Hobson's report was forwarded to the Colonial Office. From April to May 1838, the House of Lords held a select committee into the "State of the Islands of New Zealand". The New Zealand Association (later the New Zealand Company), missionaries, Joel Samuel Polack, and the Royal Navy made submissions to the committee.[28]

On 15 June 1839, new letters patent were issued in London to expand the territory of New South Wales to include the entire territory of New Zealand, from latitude 34° South to 47° 10' South, and from longitude 166° 5' East to 179° East.[29] Governor of New South Wales George Gipps was appointed Governor over New Zealand.[30] This was the first clear expression of British intent to annex New Zealand.[30][verification needed]

Captain William Hobson

Hobson was called to the Colonial Office on the evening of 14 August 1839 and given instructions to take the constitutional steps needed to establish a British colony.[31] He was appointed Consul to New Zealand and was instructed to negotiate a voluntary transfer of sovereignty from the Māori to the British Crown – as the House of Lords select committee had recommended in 1837. The Secretary of State for War and the Colonies, the Marquess of Normanby, gave Hobson three instructions: to gain freely given Māori recognition of British sovereignty over all or part of New Zealand, to assume complete control over land matters, and to establish a form of civil government. The Colonial Office did not provide a draft of the treaty.[32][33][34] Normanby wrote at length about the need for British intervention as essential to protect Māori interests, but this was somewhat deceptive.[35][36] Hobson's instructions gave no provision for Māori government of any kind nor any Māori involvement in the administrative structure of the prospective new colony.[37] His instructions required him to:

> treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any part of those islands which they may be willing to place under Her Majesty's dominion.[38]

The historian, Claudia Orange, argues that prior to 1839 the Colonial Office had initially planned a "Māori New Zealand" in which European settlers would be accommodated (without a full colony), where Māori might retain ownership and authority over much of the land and cede some land to European settlers as part of a colony governed by the Crown.[39][40] Normanby's instructions in 1839 show that the Colonial Office had shifted their stance toward colonisation and "a settler New Zealand in which a place had to be kept for Māori", primarily due to pressure from increasing numbers of British colonists,[39] and the prospect of a private enterprise in the form of the New Zealand Company colonising New Zealand outside of the British Crown's jurisdiction.[40] The Colonial Office was forced to accelerate its plans because of both the New Zealand Company's hurried dispatch of the Tory to New Zealand on 12 May 1839 to purchase land,[41] and plans by French Captain Jean François L'Anglois to establish a French colony in Akaroa.[42] After examining Colonial Office documents and correspondence (both private and public) of those who developed the policies that led to the development of the treaty, historian Paul Moon similarly argues that the treaty was not envisioned with deliberate intent to assert sovereignty over Māori, but that the Crown originally only intended to apply rule over British subjects living in the fledgling colony, and these rights were later expanded by subsequent governors through perceived necessity.[43]

Hobson left London on 15 August 1839 and was sworn in as Lieutenant-Governor of New Zealand in Sydney on 14 January 1840, finally arriving in the Bay of Islands on 29 January 1840. Meanwhile, a second New Zealand Company ship, the Cuba, had arrived in Port Nicholson on 3 January 1840 with a survey party to prepare for settlement there.[44] The Aurora, the first ship carrying immigrants, arrived in Port Nicholson on 22 January 1840.[45]

On 30 January 1840 Hobson attended the Christ Church at Kororareka (Russell), where he publicly read a number of proclamations. The first was the Letters Patent 1839, in relation to the extension of the boundaries of New South Wales to include the islands of New Zealand. The second related to Hobson's own appointment as Lieutenant-Governor of New Zealand. The third concerned land transactions (notably the issue of pre-emption).[46]

CMS printer William Colenso produced a Māori circular for the United Tribes high chiefs, inviting them to meet "Rangatira Hobson" on 5 February 1840 at Busby's Waitangi home.[11]

## Drafting and translating the treaty

[edit]

Rev Henry Williams, who translated the treaty into Māori with the help of his son Edward Marsh Williams.

Without a draft document prepared by lawyers or Colonial Office officials, Hobson was forced to write his own treaty with the help of his secretary, James Freeman, and British Resident James Busby, neither of whom was a lawyer.[47] Historian Paul Moon believes certain articles of the treaty resemble the Treaty of Utrecht (1713), the British Sherbro Agreement (1825) and the treaty between Britain and Soombia Soosoos (1826).[48]

The entire treaty was prepared in three days,[49] in which it underwent many revisions.[50] There were doubts even during the drafting process that the Māori chiefs would be able to understand the concept of relinquishing "sovereignty".[51]

Assuming that a treaty in English could not be understood, debated or agreed to by Māori, Hobson asked CMS head missioner Henry Williams, and his son Edward Marsh Williams, who was a scholar in Māori language and custom, to translate the document overnight on 4 February.[52] Henry Williams was concerned with the actions of the New Zealand Company in Wellington and felt he had to agree with Hobson's request to ensure the treaty would be as favourable as possible to Māori. Williams avoided using any English words that had no expression in Māori "thereby preserving entire the spirit and tenor" of the treaty. He added a note to the copy Hobson sent to Gibbs stating, "I certify that the above is as literal a translation of the Treaty of Waitangi as the idiom of the language will allow."[11] The gospel-based literacy of Māori meant some of the concepts communicated in the translation were from the Māori Bible, including kawanatanga (governorship) and rangatiratanga (chiefly rule), and the idea of the treaty as a "covenant" was biblical.[53]

The translation of the treaty was reviewed by James Busby, and he proposed the substitution of the word whakaminenga for huihuinga, to describe the "Confederation" or gathering of the chiefs.[54][55] This no doubt was a reference to the northern confederation of chiefs with whom Hobson preferred to negotiate, who eventually made up the vast majority of signatories to the treaty.[55] Hobson believed that elsewhere in the country the Crown could exercise greater freedom over the rights of "first discoverers", which proved unwise as it led to future difficulties with other tribes in the South Island.[56]

## Debate and signing

[edit]

A later reconstruction in a painting by Marcus King, depicting Tāmati Wāka Nene in the act of signing. Hobson is incorrectly shown in full uniform (he was actually wearing civilian clothing).[57]

Overnight on the 4–5 February the original English version of the treaty was translated into Māori.[49] On the morning of 5 February the Māori and English versions of the treaty were put before a gathering (hui)[58] of northern chiefs inside a large marquee on the lawn in front of Busby's house at Waitangi.[59] Hobson read the treaty aloud in English and Williams read the Māori translation and explained each section and warned the chiefs not to rush to decide whether to sign. Building on Biblical understanding, he said:

> This is Queen Victoria's act of love to you. She wants to ensure you that you keep what is yours – your property, your rights and privileges, and those things you value. Who knows when a foreign power, perhaps the French, might try to take this country? The treaty is really like a fortress to you.[60]

Māori chiefs then debated the treaty for five hours, much of which was recorded and translated by the Paihia missionary station printer, William Colenso.[61] Rewa, a Catholic chief, who had been influenced by the French Catholic Bishop Pompallier, said "The Māori people don't want a governor! We aren't European. It's true that we've sold some of our lands. But this country is still ours! We chiefs govern this land of our ancestors". Moka 'Kainga-mataa' argued that all land unjustly purchased by Europeans should be returned.[62] Whai asked: "Yesterday I was cursed by a white man. Is that the way things are going to be?". Protestant Chiefs such as Hōne Heke, Pumuka, Te Wharerahi, Tāmati Wāka Nene and his brother Eruera Maihi Patuone were accepting of the Governor.[62] Hōne Heke said:

> Governor, you should stay with us and be like a father. If you go away then the French or the rum sellers will take us Maori over. How can we know what the future will bring? If you stay, we can be 'all as one' with you and the missionaries.[63]

Tāmati Wāka Nene said to the chiefs:

> Some of you tell Hobson to go. But that's not going to solve our difficulties. We have already sold so much land here in the north. We have no way of controlling the Europeans who have settled on it. I'm amazed to hear you telling him to go! Why didn't you tell the traders and grog-sellers to go years ago? There are too many Europeans here now and there are children that unite our races.[64]

Bishop Pompallier, who had been counselling the many Catholic Māori in the north concerning the treaty, urged them to be very wary of the treaty and not to sign anything.[65]

The location of Waitangi within New Zealand.

For Māori chiefs, the signing at Waitangi would have needed a great deal of trust. Nonetheless, the expected benefits of British protection must have outweighed their fears.[citation needed] In particular, the French were also interested in New Zealand, and there were fears that if they did not side with the British that the French would put pressure on them in a similar manner to that of other Pacific Islanders farther north in what would become French Polynesia.[66] Most importantly, Māori leaders trusted CMS missionary advice and their explanation of the treaty. The missionaries had explained the treaty as a covenant between Māori and Queen Victoria, the head of state and Church of England. With nearly half the Māori population following Christianity many looked at the treaty as a Biblical covenant – a sacred bond.[67][68]

Afterwards, the chiefs then moved to a river flat below Busby's house and lawn and continued deliberations late into the night. Busby's house would later become known as the Treaty House and is today New Zealand's most visited historic building.[69]

Hobson had planned for the signing to occur on 7 February however on the morning of 6 February 45 chiefs[61] were waiting ready to sign. Around noon a ship carrying two officers from HMS Herald arrived and were surprised to hear they were waiting for the Governor so a boat was quickly despatched back to let him know.[61] Although the official painting of the signing shows Hobson wearing full naval regalia, he was in fact not expecting the chiefs that day and was wearing his dressing gown[57] or "in plain clothes, except his hat".[61] Several hundred Māori were waiting and only Busby, Williams, Colenso and a few other Europeans.[70]

### Article Four

[edit]

French Catholic Bishop Jean-Baptiste Pompallier soon joined the gathering and after Anglican English priest and CMS mission head Rev Henry Williams read the Māori translation aloud from a final parchment version. Pompallier spoke to Hobson who then addressed Williams:

> The bishop wishes it to be publicly stated to the Natives that his religion will not be interfered with, and that free toleration will be allowed in matters of faith. I should therefore thank you to say to them that the bishop will be protected and supported in his religion – that I shall protect all creeds alike.[71]

Williams attempted to do so vocally, but as this was technically another clause in the treaty, Colenso asked for it to be added in writing, which Williams did, also adding Māori custom. The statement says:

> E mea ana te Kawana, ko nga whakapono katoa, o Ingarani, o nga Weteriana, o Roma, me te ritenga Maori hoki, e tiakina ngatahitia e ia. (The Governor says that the several faiths [beliefs] of England, of the Wesleyans, of Rome, and also Māori custom shall alike be protected by him).[71][72]

This addition is sometimes referred to as article four of the treaty, and is recognised as relating to the right to freedom of religion and belief (wairuatanga).[73] Historian Paul Moon has claimed any guarantee of religious freedom implied by Pompallier's action is a myth and that there is a lack of evidence or legal basis to support the statement being a fourth article of the treaty. Historian Michael King agreed with Moon that Pompallier was probably protecting Catholic interests, but also accused Moon of being anti-Catholic in his criticism of Pompallier stirring up trouble that day.[74][75]

### First signings

[edit]

The treaty signing began in the afternoon. Hobson headed the British signatories. Hōne Heke was the first of the Māori chiefs who signed that day.[65] As each chief signed Hobson said "He iwi tahi tātou", meaning "We are [now] one people". This was probably at the request of Williams, knowing the significance, especially to Christian chiefs, 'Māori and British would be linked, as subjects of the Queen and followers of Christ'.[70] Two chiefs, Marupō and Ruhe, protested strongly against the treaty as the signing took place but they eventually signed[76] and after Marupō shook the Governor's hand, seized hold of his hat which was on the table and gestured to put it on.[61] Over 40 chiefs signed the treaty that afternoon, which concluded with a chief leading three thundering cheers, and Colenso distributing gifts of two blankets and tobacco to each signatory.[77]

One of the signatories, Hōne Heke of Ngāpuhi iwi, with his wife Hariata.

Tāmati Wāka Nene of Ngāpuhi was a signatory, and he also was influential in convincing others to sign.

### Later signings

[edit]

Hobson considered the signing at Waitangi to be highly significant, he noted that twenty-six of the forty-six "head chiefs" had signed.[78] Hobson had no intention of requiring the unanimous assent of Māori to the treaty, but was willing to accept a majority, as he reported that the signings at Waitangi represented "Clear recognition of the sovereign rights of Her Majesty over the northern parts of this island".[78] Those that signed at Waitangi did not even represent the north as a whole; an analysis of the signatures shows that most were from the Bay of Islands only and that not many of the chiefs of the highest rank had signed on that day.[79] Hobson considered the initial signing at Waitangi to be the "de facto" treaty, while later signings merely "ratified and confirmed it".[80]

To enhance the treaty's authority, eight additional copies were sent around the country to gather additional signatures:[81][82]

* the Manukau-Kawhia copy (13 signatures),
* the Waikato-Manukau copy (39 signatures),
* the Tauranga copy (21 signatures),
* the Bay of Plenty copy (26 signatures),
* the Herald-Bunbury copy (27 signatures),
* the Henry Williams copy (132 signatures),
* the Tūranga (East Coast) copy (41 signatures), and
* the Printed copy (5 signatures).

The Waitangi original received 240 signatures.[82]

About 50 meetings were held from February to September 1840 to discuss and sign the copies, and a further 500 signatures were added to the treaty. While most did eventually sign, especially in the far north where most Māori lived, a number of chiefs and some tribal groups ultimately refused, including Pōtatau Te Wherowhero (Waikato iwi), Tuhoe, Te Arawa and Ngāti Tuwharetoa and possibly Moka 'Kainga-mataa'. A number of non-signatory Waikato and Central North Island chiefs would later form a kind of confederacy with an elected monarch called the Kīngitanga.[83] (The Kīngitanga Movement would later form a primary anti-government force in the New Zealand Wars.) While copies were moved around the country to give as many tribal leaders as possible the opportunity to sign, some missed out, especially in the South Island, where inclement weather prevented copies from reaching Otago or Stewart Island.[84] Assent to the treaty was large in Kaitaia, as well as the Wellington to Whanganui region, but there were at least some holdouts in every other part of New Zealand.[82]

Māori were the first indigenous race to sign a document giving them British citizenship and promising their protection. Hobson was grateful to Williams and stated a British colony would not have been established in New Zealand without the CMS missionaries.[7]

### Sovereignty proclamations

[edit]

On 21 May 1840, Lieutenant-Governor Hobson proclaimed sovereignty over the whole country, (the North Island by treaty[85] and the South Island and Stewart Island by discovery)[86][87] and New Zealand was constituted the Colony of New Zealand, separate from New South Wales by a Royal Charter issued on 16 November 1840, with effect from 3 May 1841.[88]

Hobson issued the proclamation because he felt it was forced on him by settlers from the New Zealand Company at Port Nicholson who had formed an independent settlement government and claimed legality from local chiefs,[89] two days after the proclamation on 23 May 1840, Hobson declared the settlement's government as illegal.[90]

## Extant copies

[edit]

The group of nine documents that make up the Treaty of Waitangi.

In 1841, treaty documents, housed in an iron box, narrowly escaped damage when saved by civil servant George Elliot as the government offices at Official Bay in Auckland were destroyed by fire.[81] They disappeared from sight until 1865 when a Native Department officer worked on them in Wellington at the request of parliament and produced an erroneous list of signatories. The papers were fastened together and then deposited in a safe in the Colonial Secretary's office.[91]

In 1877, the English-language rough draft of the treaty was published along with photolithographic facsimiles, and the originals were returned to storage. In 1908, historian and bibliographer Thomas Hocken, searching for historical documents, found the treaty papers in the basement of the Old Government Buildings in poor condition,[92][93] damaged at the edges by water and partly eaten by rodents.[81] The papers were restored by the Dominion Museum in 1913 and kept in special boxes from then on.[93] In February 1940, the treaty documents were taken to Waitangi for display in the Treaty House during the Centenary celebrations.[81] It was possibly the first time the treaty document had been on public display since it was signed.[91] After the outbreak of war with Japan, they were placed with other state documents in an outsize luggage trunk and deposited for secure custody with the Public Trustee at Palmerston North by the local member of parliament, who did not tell staff what was in the case. However, as the case was too large to fit in the safe, the treaty documents spent the war at the side of a back corridor in the Public Trust office.

In 1956, the Department of Internal Affairs placed the treaty documents in the care of the Alexander Turnbull Library and they were displayed in 1961. Further preservation steps were taken in 1966, with improvements to the display conditions.[81] From 1977 to 1980, the library extensively restored the documents before the treaty was deposited in the Reserve Bank.[81]

In anticipation of a decision to exhibit the document in 1990 (the sesquicentennial of the signing), full documentation and reproduction photography was carried out. Several years of planning culminated with the opening of the climate-controlled Constitution Room at the National Archives by Mike Moore, Prime Minister of New Zealand, in November 1990.[81] It was announced in 2012 that the nine Treaty of Waitangi sheets would be relocated to the National Library of New Zealand in 2013.[94] In 2017, the He Tohu permanent exhibition at the National Library opened, displaying the treaty documents along with the Declaration of Independence and the 1893 Women's Suffrage Petition.[95]

## Treaty text, meaning and interpretation

[edit]

The treaty, its interpretation and significance can be viewed as the contrast between a literate culture and one that was wholly oral.[96]

### English text

[edit]

> Preamble:

> HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favor the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty's Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorised to treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any part of those islands – Her Majesty therefore being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the native population and to Her subjects has been graciously pleased to empower and to authorise me William Hobson a Captain in Her Majesty's Royal Navy Consul and Lieutenant-Governor of such parts of New Zealand as may be or hereafter shall be ceded to her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions.

> Article the first:

> The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England [sic] absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective Territories as the sole sovereigns thereof.

> Article the second:

> Her Majesty the Queen of England [sic] confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.

> Article the third:

> In consideration thereof Her Majesty the Queen of England [sic] extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.

> (signed) William Hobson, Lieutenant-Governor.

> Now therefore We the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof in witness of which we have attached our signatures or marks at the places and the dates respectively specified. Done at Waitangi this Sixth day of February in the year of Our Lord one thousand eight hundred and forty.[97]

The treaty itself is short, consisting of a preamble and three articles.[97]

The English text (from which the Māori text is translated) starts with the preamble and presents Queen Victoria "being desirous to establish a settled form of Civil Government", and invites Māori chiefs to concur in the following articles. The first article of the English text grants the Queen of England "absolutely and without reservation all the rights and powers of Sovereignty" over New Zealand. The second article guarantees to the chiefs full "exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties" but the Crown has a pre-emptive right to buy the land. The third article guarantees to all Māori the same rights as all other British subjects.[97]

### Māori text

[edit]

> (Preamble):

> KO WIKITORIA te Kuini o Ingarani i tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga me to ratou wenua, a kia mau tonu hoki te Rongo ki a ratou me te Atanoho hoki kua wakaaro ia he mea tika kia tukua mai tetahi Rangatira – hei kai wakarite ki nga Tangata maori o Nu Tirani – kia wakaaetia e nga Rangatira Maori te Kawanatanga o te Kuini ki nga wahikatoa o te wenua nei me nga motu – na te mea hoki he tokomaha ke nga tangata o tona Iwi Kua noho ki tenei wenua, a e haere mai nei.

> Na ko te Kuini e hiahia ana kia wakaritea te Kawanatanga kia kaua ai nga kino e puta mai ki te tangata Maori ki te Pakeha e noho ture kore ana.

> Na kua pai te Kuini kia tukua a hau a Wiremu Hopihona he Kapitana i te Roiara Nawi hei Kawana mo nga wahi katoa o Nu Tirani e tukua aianei amua atu ki te Kuini, e mea atu ana ia ki nga Rangatira o te wakaminenga o nga hapu o Nu Tirani me era Rangatira atu enei ture ka korerotia nei.

> Ko te tuatahi (Article 1):

> Ko nga Rangatira o te wakaminenga me nga Rangatira katoa hoki ki hai i uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu – te Kawanatanga katoa o o ratou wenua.

> Ko te tuarua (Article 2):

> Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangitira ki nga hapu – ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te wakaminenga me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te Wenua – ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.

> Ko te tuatoru (Article 3):

> Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini – Ka tiakina e te Kuini o Ingarani nga tangata maori katoa o Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani.

> (signed) William Hobson, Consul and Lieutenant-Governor.

> Na ko matou ko nga Rangatira o te Wakaminenga o nga hapu o Nu Tirani ka huihui nei ki Waitangi ko matou hoki ko nga Rangatira o Nu Tirani ka kite nei i te ritenga o enei kupu, ka tangohia ka wakaaetia katoatia e matou, koia ka tohungia ai o matou ingoa o matou tohu.

> Ka meatia tenei ki Waitangi i te ono o nga ra o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki.[98]

The Māori text has the same overall structure, with a preamble and three articles. The first article indicates that the Māori chiefs "give absolutely to the Queen of England for ever the complete government over their land" (according to a modern translation by Hugh Kāwharu).[99][100] With no adequate word available to substitute for 'sovereignty', as it was not a concept in Māori society at the time, the translators instead used kawanatanga (governorship or government).[citation needed] The second article guarantees all Māori "chieftainship over their lands, villages and all their treasures" (translated), with 'treasures' here translating from taonga to mean more than just physical possessions (as in the English text), but also other elements of cultural heritage. The second article also says: "Chiefs will sell land to the Queen at a price agreed to by the person owning it and by the person buying it (the latter being) appointed by the Queen as her purchase agent" (translated), which does not accurately convey the pre-emption clause of the English text. The third article gives Māori the "same rights and duties of citizenship as the people of England" (translated); roughly the same as the English text.[citation needed]

### Differences

[edit]

Manuscript copy of the Treaty of Waitangi (in Māori) in the hand of Henry Tacy Kemp

The English and Māori texts differ.[101] As some words in the English treaty did not translate directly into the written Māori language of the time, the Māori text is not a literal translation of the English text.[10][11] It has been claimed that Henry Williams, the missionary entrusted with translating the treaty from English, was fluent in Māori and that far from being a poor translator he had in fact carefully crafted both versions to make each palatable to both parties without either noticing inherent contradictions.[102]

The differences between the two texts have made it difficult to interpret the treaty and also continue to undermine its effect. The most critical difference between the texts revolves around the interpretation of three Māori words: kāwanatanga ('governorship'), which is ceded to the Queen in the first article; rangatiratanga ('chieftainship') not mana ('leadership') (which was stated in the Declaration of Independence just five years before the treaty was signed), which is retained by the chiefs in the second; and taonga (property or valued possessions), which the chiefs are guaranteed ownership and control of, also in the second article. Few Māori involved with the treaty negotiations understood the concepts of sovereignty or "governorship", as they were used by 19th-century Europeans, and lawyer Moana Jackson has stated that "ceding mana or sovereignty in a treaty was legally and culturally incomprehensible in Māori terms".[103]

Furthermore, kāwanatanga is a loan translation from "governorship" and was not part of the Māori language. The term had been used by Henry Williams in his translation of the Declaration of the Independence of New Zealand, which was signed by 35 northern Māori chiefs at Waitangi on 28 October 1835.[104] The Declaration of Independence of New Zealand had stated "Ko te Kīngitanga ko te mana i te w[h]enua" to describe "all sovereign power and authority in the land".[104] There is considerable debate about what would have been a more appropriate term. Some scholars, notably Ruth Ross, argue that mana ('prestige', 'authority') would have more accurately conveyed the transfer of sovereignty.[105] However, it has more recently been argued by others, including Judith Binney, that mana would not have been appropriate. This is because mana is not the same thing as sovereignty, and also because no-one can give up their mana.[106]

The English-language text recognises Māori rights to "properties", which seems to imply physical and perhaps intellectual property. The Māori text, on the other hand, mentions "taonga", meaning "treasures" or "precious things". In Māori usage the term applies much more broadly than the English concept of legal property, and since the 1980s courts have found that the term can encompass intangible things such as language and culture.[107][108][109] Even where physical property such as land is concerned, differing cultural understandings as to what types of land are able to be privately owned have caused problems, as for example in the foreshore and seabed controversy of 2003–04.

The pre-emption clause is generally not well translated.[110] While pre-emption was present in the treaty from the very first draft, it was translated to hokonga, a word which simply meant "to buy, sell, or trade".[111] Many Māori apparently believed that they were simply giving the British Queen first offer on land, after which they could sell it to anyone.[112][111] Another, less important, difference is that Ingarani, meaning England alone, is used throughout in the Māori text, whereas "the United Kingdom of Great Britain and Ireland" is used in the first paragraph of the English.[113]

Based on these differences, there are many academics[who?] who argue that the two versions of the treaty are distinctly different documents, which they refer to as "Te Tiriti o Waitangi" and "The Treaty of Waitangi",[114][115] and that the Māori text should take precedence, because it was the one that was signed at Waitangi and by the most signatories.[116] The Waitangi Tribunal, tasked with deciding issues raised by the differences between the two texts, also gives additional weight to the Māori text in its interpretations of the treaty.[117]

The entire issue is further complicated by the fact that, at the time, writing was a novel introduction to Māori society. As members of a predominately oral society, Māori present at the signing of the treaty would have placed more value and reliance on what Hobson and the missionaries said, rather than on the written words of the treaty.[118] Although there is still a great deal of scholarly debate surrounding the extent to which literacy had permeated Māori society at the time of the signing, what can be stated with clarity is that of the 600 plus chiefs who signed the written document only 12 signed their names in the Latin alphabet. Many others conveyed their identity by drawing parts of their moko (personal facial tattoo), while still others marked the document with an X.[119]

Māori beliefs and attitudes towards ownership and use of land were different from those prevailing in Britain and Europe. The chiefs would traditionally grant permission for the land to be used for a time for a particular purpose. A northern chief, Nōpera Panakareao, early on summarised his understanding of the treaty as "Ko te atarau o te whenua i riro i a te kuini, ko te tinana o te whenua i waiho ki ngā Māori" ("The shadow of the land will go to the Queen, but the substance of the land will remain with us"). Nōpera later reversed the statement – feeling that the substance of the land had indeed gone to the Queen; only the shadow remained for the Māori.[120]

## Role in New Zealand society

[edit]

### Effects on Māori land and rights (1840–1960)

[edit]

#### Colony of New Zealand

[edit]

In November 1840 a royal charter was signed by Queen Victoria,[121] establishing New Zealand as a Crown colony separate from New South Wales from 3 May 1841.[88][122] In 1846 the Parliament of the United Kingdom passed the New Zealand Constitution Act 1846 which granted self-government to the colony, requiring Māori to pass an English-language test to be able to participate in the new colonial government.[123] In the same year, Lord Stanley, the British Colonial Secretary, who was a devout Anglican, three times British Prime Minister and oversaw the passage of the Slavery Abolition Act 1833,[124][125] was asked by Governor George Grey how far he was expected to abide by the treaty. The direct response in the Queen's name was:

> You will honourably and scrupulously fulfil the conditions of the Treaty of Waitangi... [53]

At Governor Grey's request, this act was suspended in 1848, as Grey argued it would place the majority Māori under the control of the minority British settlers.[126] Instead, Grey drafted what would later become the New Zealand Constitution Act 1852, which determined the right to vote based on land-ownership franchise. Since most Māori land was communally owned, very few Māori had the right to vote for the institutions of the colonial government.[127] The 1852 Constitution Act also included provision for "Māori districts",[128] where Māori law and custom were to be preserved, but this section was never implemented by the Crown.

Following the election of the first parliament in 1853, responsible government was instituted in 1856.[129] The direction of "native affairs" was kept at the sole discretion of the Governor, meaning control of Māori affairs and land remained outside of the elected ministry.[130] This quickly became a point of contention between the Governor and the colonial parliament, who retained their own "Native Secretary" to advise them on "native affairs".[131] In 1861, Governor Grey agreed to consult the ministers in relation to native affairs,[131] but this position only lasted until his recall from office in 1867. Grey's successor as Governor, George Bowen, took direct control of native affairs until his term ended in 1870.[132][133] From then on, the elected ministry, led by the Premier, controlled the colonial government's policy on Māori land.[132]

#### Right of pre-emption

[edit]

The short-term effect of the treaty was to prevent the sale of Māori land to anyone other than the Crown. This was intended to protect Māori from the kinds of shady land purchases which had alienated indigenous peoples in other parts of the world from their land with minimal compensation. Before the treaty had been finalised the New Zealand Company had made several hasty land deals and shipped settlers from Great Britain to New Zealand, hoping the British would be forced to accept its land claims as a fait accompli, in which it was largely successful.[134]

In part, the treaty was an attempt to establish a system of property rights for land with the Crown controlling and overseeing land sale to prevent abuse. Initially, this worked well with the Governor and his representatives having the sole right to buy and sell land from the Māori.[135] Māori were eager to sell land, and settlers eager to buy.[135]

The Crown was supposed to mediate the process to ensure that the true owners were properly identified (difficult for tribally owned land) and fairly compensated, by the standards of the time. In particular, the Governor had the responsibility to protect Māori interests.[135] Still, Hobson, as Governor of New Zealand, and his successor Robert FitzRoy both took seriously their duty as protectors of Māori from unscrupulous settlers, working actively to prevent shady land deals.[136] Hobson created a group of "Protectors of the Aborigines"; officials specifically appointed to verify owners, land boundaries, and sales.[137] Lack of funds often prevented land deals at this time, which created discontent among those who were willing but unable to sell.[110] Combined with a growing awareness of the profit margins that the government was receiving by reselling the land at a profit, there was growing discontent among Māori with the pre-emption clause.[138] At this time Māori and others argued that the government's abuse of the pre-emption clause was incompatible with article three of the treaty which guaranteed Māori equal rights to those of British subjects.[110] FitzRoy was sympathetic to their pleas and decided to waive the pre-emption clause in 1844, allowing land sales directly to individuals.[139]

#### New Zealand Wars and land sales

[edit]

Main article: New Zealand Wars

The growing disagreement over British sovereignty of the country led to several armed conflicts and disputes beginning in the 1840s,[140] including the Flagstaff War, a dispute over the flying of the British Union Flag at the then colonial capital, Kororareka in the Bay of Islands. The Māori King Movement (Kīngitanga) began in the 1850s partly as a means of focusing Māori power in a manner which would allow them to negotiate with the Governor and Queen on equal footing. The chiefs justified the King's role by the treaty's guarantee of rangatiratanga ('chieftainship').[141]

FitzRoy's successor George Grey was appointed Governor in 1845. He viewed the Protectors as an impediment to land acquisition and replaced them with new officials whose goals were not to protect Māori interests, but rather to purchase as much land as possible.[142] Grey restored the Crown's right to pre-emption bypassing the Native Land Purchase Act in 1846, which contemporary writers viewed as a "first step towards a negation of the Treaty of Waitangi".[143] This ordinance also tightened government control of Māori lands, prohibiting Māori from leasing their land and restricting the felling of timber and harvesting of flax.[143] A high court case in 1847 (R v Symonds) upheld the Crown's right to pre-emption and allowed Grey to renegotiate deals made under Fitzroy's waiving of the pre-emption clause.[144][145] Governor Grey set out to buy large tracts of Māori land in advance of settlement at low prices, later selling it to settlers at higher prices and using the difference to develop land access (roads and bridges).[135][146] Donald McLean acted as Grey's intermediary and negotiator, and as early as 1840 was aware that Māori had no concept of the sale of land in British sense.[135] Soon Māori became disillusioned and less willing to sell, while the Crown came under increasing pressure from settlers wishing to buy.[135] Consequently, government land agents were involved in a number of dubious land purchases, agreements were sometimes negotiated with only one owner of tribally owned land and in some cases land was purchased from the wrong people altogether.[135] The whole of the South Island was purchased by 1860 in several large deals, and while many of the sales included provisions of 10 per cent of the land set aside for native inhabitants, these land area amounts were not honoured or were later transmuted to much smaller numbers.[147] In some cases Grey or his associates bullied the owners into selling by threatening to drive them out with troops or employ rival chiefs to do so.[148]

Conflict continued to escalate in the early 1860s, when the government used the Māori King Movement as an excuse to invade lands in the eastern parts of the North Island, culminating in the Crown's confiscation of large parts of the Waikato and Taranaki from Māori.[149] The treaty was used to justify the idea that the chiefs of Waikato and Taranaki were rebels against the Crown.[150]

Beach front scene at Kohimarama, Auckland, circa 1860, with Bishop Selwyn's Mission station where the Kohimarama Conference was held. Two waka, and a group of whare, are visible in the foreground.

In July 1860, during the conflicts, Governor Thomas Gore Browne convened a group of some 200 Māori (including over 100 pro-Crown chiefs handpicked by officials)[151] to discuss the treaty and land for a month at Mission Bay, Kohimarama, Auckland. This became known as the Kohimarama Conference,[152] and was an attempt to prevent the spread of fighting to other regions of New Zealand. But many of the chiefs present were critical of the Crown's handling of the Taranaki conflict.[153] Those at the conference reaffirmed the treaty and the Queen's sovereignty and suggested that a native council be established, but this did not occur.[154][155]

#### Native Land Court

[edit]

The Native Land Court (later renamed the Māori Land Court) was established under the Native Lands Act 1865, which also finally abolished the Crown right to pre-emption. It was through this court that much Māori land was alienated, and the way in which it functioned is much criticised today.[156] A single member of a tribal group could claim ownership of communal tribal land, which would trigger a court battle in which other tribal members were forced to participate, or else lose out.[157] The accumulation of court fees, lawyers fees, survey costs, and the cost of travelling to attend court proceedings resulted in mounting debts that could only be paid by the eventual sale of the land.[157] In effect, Māori were safe from the court only until a single tribal member broke ranks and triggered a case, which would invariably result in the sale of the land.[157] By the end of the century, nearly all of the highest quality Māori land had been sold, with only two million hectares remaining in Māori possession.[157]

Although the treaty had never been directly incorporated into New Zealand law,[158] its provisions were first incorporated into specific legislation as early as the Land Claims Ordinance 1841 and the Native Rights Act 1865.[159][160] However, in the 1877 Wi Parata v Bishop of Wellington judgement, Judge Prendergast argued that the treaty was a "simple nullity" in terms of transferring sovereignty from Māori to the British Crown.[161] This remained the legal orthodoxy until at least the 1970s.[162] Māori have since argued that Prendergast's decision, as well as laws later based on it were a politically convenient and deliberate ploy to legitimise the seizure of Māori land and other resources.[163]

Despite this, Māori frequently used the treaty to argue for a range of demands, including greater independence and return of confiscated and unfairly purchased land.[150] This was especially the case from the mid-19th century, when they lost numerical superiority and generally lost control of most of the country and had little representation in government or the councils where decisions that impacted their affairs were made.[150][157] Simultaneously, Māori rights over fisheries (guaranteed in article 2 of the treaty) were similarly degraded by laws passed in the late 19th century.[157][164]

Over the longer term, the land purchase aspect of the treaty declined in importance, while the clauses of the treaty which deal with sovereignty and Māori rights took on greater importance.[165] In 1938, the judgement of the case Te Heuheu Tukino v Aotea District Maori Land Board considered the treaty as valid in terms of the transfer of sovereignty, but the judge ruled that as it was not part of New Zealand law it was not binding on the Crown.[166]

#### Treaty House and revival

[edit]

Lord and Lady Bledisloe announce the gift of land and Treaty House at Waitangi to the nation in 1932

The treaty returned to the public eye after the Treaty House and grounds were purchased by the Governor-General, Viscount Bledisloe, in the early 1930s and donated to the nation.[167] The dedication of the site as a national reserve in 1934 was probably the first major event held there since the 1840s. The profile of the treaty was further raised by the New Zealand centenary of 1940.[168] For most of the twentieth century, textbooks, government publicity and many historians touted the treaty as the moral foundation of colonisation and argued that it set race relations in New Zealand above those of colonies in North America, Africa and Australia.[169] Popular histories of New Zealand and the treaty often claimed that the treaty was an example of British benevolence and therefore an honourable contract.[170] Even though Māori continued to challenge this narrative,[171] the treaty's lack of legal standing in 1840 and subsequent breaches tended to be overlooked until the 1970s when these issues were raised by the Māori protest movement.[169]

### Resurgence and place in New Zealand Law (1960–present)

[edit]

The Waitangi Day Act 1960 was a token gesture towards acknowledging the Treaty of Waitangi and somewhat preceded the Māori protest movement as a whole. It established Waitangi Day, although it did not make it a public holiday, and the English text of the treaty appeared as a schedule of the Waitangi Day Act but this did not make it a part of statute law. Subsequent amendments to the act, as well as other legislation, eventually acquiesced to campaigns to make Waitangi Day a national holiday in 1976.[172]

#### The Treaty of Waitangi Act 1975 and the Waitangi Tribunal

[edit]

During the late 1960s and 1970s, the Treaty of Waitangi became the focus of a strong Māori protest movement which rallied around calls for the government to "honour the treaty" and to "redress treaty grievances".[173] Māori boycotted Waitangi Day in 1968 over the Māori Affairs Amendment Act (which was perceived as a further land grab) and Māori expressed their frustration about continuing violations of the treaty and subsequent legislation by government officials, as well as inequitable legislation and unsympathetic decisions by the Māori Land Court continuing alienation of Māori land from its owners.[173] The protest movement can be seen as part of the worldwide civil rights movements, which emerged in the 1960s.[174]

As a response to the protest movement, the treaty finally received limited recognition in 1975 with the passage of the Treaty of Waitangi Act 1975, which established the Waitangi Tribunal, but this initially had very limited powers to make findings of facts and recommendations only.[175] The act was amended in 1985 to enable it to investigate breaches of the Principles of the Treaty of Waitangi back to 1840,[175] and also to increase the tribunal membership. The membership was further increased in another amendment in 1988.[176]

#### Principles of the Treaty of Waitangi

[edit]

Main article: Principles of the Treaty of Waitangi

Winston Peters (founder of the New Zealand First Party), who has campaigned for the removal of references to the Treaty of Waitangi from New Zealand Law

The Treaty of Waitangi Act 1975 introduced the phrase Principles of the Treaty of Waitangi. It is found twice in the long title of the Act and also in Section 6(1) which provides for the Waitangi Tribunal to inquire into claims by any Maori that they are prejudicially affected by Crown acts (or omissions) that are inconsistent with the Principles of the Treaty of Waitangi.[177]

The Treaty of Waitangi Act 1975 provides for the intentions of the treaty to be taken into account through the principles of the Treaty of Waitangi.[178] The Waitangi Tribunal's key function is to evaluate Crown actions against the intentions of the parties that signed the Treaty. The Tribunal also has the specific authority to determine the meaning of the two texts of the Treaty.[179] Hayward (2004) states: "The Tribunal's findings ...are expressed in the currency of treaty principles - which principles are applicable to the particular case, and how the Crown breached those principles, if at all".[180]

In order to apply the Treaty of Waitangi in a way that is relevant to the Crown and Māori in the present day, the Waitangi Tribunal and the courts must consider the broad sentiments, the intentions and the goals of the treaty, and then identify the relevant principles of the treaty on a case-by-case basis.[181] Each Tribunal is required to determine the principles of each claim on a case-by-case basis.[180]

The "Principles of the Treaty" have become a common topic in contemporary New Zealand politics.[182] In 1989, the Fourth Labour Government published a report "Principles for Crown Action on the Treaty of Waitangi" a similar list of principles to that established in a 1987 court case.[183] By 2021, the Treaty of Waitangi or its principles are referred to in over thirty five principal Acts.[184] The ACT party has proposed a referendum on redefining the Principles of the Treaty of Waitangi.[185][186]

#### Waitangi Tribunal claims

[edit]

During the early 1990s, the government began to negotiate settlements of historical (pre-1992) claims.[12]

#### Bill of Rights

[edit]

Geoffrey Palmer argued that the treaty should be further incorporated as a part of the New Zealand constitution, to help improve relations between the Crown, Māori and other New Zealanders.[187] The Fourth Labour Government's Bill of Rights White Paper proposed that the treaty be entrenched in the New Zealand Bill of Rights Act 1990. This proposal was never carried through to the legislation, with the attitude of many Māori towards it "suspicious, uneasy, doubtful or undecided".[176] Many Māori were concerned that the proposal would relegate the treaty to a lesser position, and enable the electorate (who under the original Bill of Rights would be able to repeal certain sections by referendum) to remove the treaty from the Bill of Rights altogether.[188] Geoffrey Palmer commented in 2013 that:

> We were obliged, due to Māori opposition, to drop the Treaty from the Bill of Rights. That was a great pity and it is a step that I advocate be taken still in the context of having a superior law Bill of Rights.[176]

During the 1990s there was broad agreement between major political parties that the settlement of historical claims was appropriate. Some disagreed however, and claims of a "Treaty of Waitangi Grievance Industry", which profits from making frivolous claims of violations of the Treaty of Waitangi, were made by a number of political figures in the late 1990s and early 2000s, including former National Party leader Don Brash in his 2004 "Orewa Speech".[189][190][191] The "Principles of the Treaty of Waitangi Deletion Bill" was introduced in the New Zealand Parliament in 2005 as a private member's bill by New Zealand First MP Doug Woolerton. Winston Peters, the 13th Deputy Prime Minister of New Zealand, and others supported the bill, which was designed to remove references to the treaty from New Zealand law. The bill failed to pass its second reading in November 2007.[192][193][194][195]

#### Public opinion

[edit]

In terms of public opinion, a study in 2008 found that among the 2,700 voting age New Zealanders surveyed, 37.4% wanted the treaty removed from New Zealand law, 19.7% were neutral, and 36.8% wanted the treaty kept in law; additionally, 39.7% agreed Māori deserved compensation, 15.7% were neutral, and 41.2% disagreed.[196] In 2017, the same study found that among the 3,336 voting age New Zealanders surveyed, 32.99% wanted the treaty removed from New Zealand law, 14.45% were neutral and 42.58% disagreed, and 9.98% didn't know.[197]

Today, the treaty is still not specifically part of New Zealand domestic law, but has been adopted into various acts of parliament ad hoc.[13] It is nevertheless regarded as a founding document of New Zealand.[14][15][16]

## Commemoration

[edit]

Main article: Waitangi Day

A protest on Waitangi Day 2006

The restored Treaty House

The anniversary of the signing of the treaty – 6 February – is the New Zealand national day, Waitangi Day. The day was first commemorated in 1934,[198] when the site of the original signing, Treaty House, was made a public reserve (along with its grounds).[69] However, it was not until 1974 that the date was made a public holiday.[199][200] Waitangi Day has been the focus of protest by Māori (as was particularly the case from the 1970s through to the 1990s), but today the day is often used as an opportunity to discuss the history and lasting effects of the treaty.[201][202] The Waitangi crown, a 1935 commemorative coin, was issued in honour of the treaty.[203] The treaty was one of the first inscriptions from New Zealand added to UNESCO's Memory of the World Programme in 1997.[204][205]

## See also

[edit]

* Constitution of New Zealand
* Te Ture Whenua Māori Act 1993 / Māori Land Act 1993
* Declaration of the Independence of New Zealand / He Whakaputanga
* Littlewood Treaty Document, an English language version of the text of the Treaty of Waitangi that was rediscovered in 1989

## References

[edit]

### Citations

[edit]

1. ^ Cox, Noel (2002). "The Treaty of Waitangi and the Relationship Between the Crown and Maori in New Zealand". Brooklyn Journal of International Law. 28 (1): 132. Archived from the original on 4 October 2022. Retrieved 4 October 2022.
2. ^ Kolig, Erich (2000). "Of Condoms, Biculturalism, and Political Correctness. The Maori Renaissance and Cultural Politics in New Zealand". Paideuma. 46. JSTOR: 238. JSTOR 40341791.
3. ^ "Additional Instructions from Lord Normanby to Captain Hobson 1839 – New Zealand Constitutional Law Resources". New Zealand Legal Information Institute. 15 August 1839. Archived from the original on 4 December 2019. Retrieved 5 October 2019.
4. ^ "Treaty of Waitangi signings in the South Island". Christchurch City Libraries. Archived from the original on 18 February 2015.
5. ^ "Treaty of Waitangi". Waitangi Tribunal. Archived from the original on 6 July 2016. Retrieved 28 May 2015.
6. ^ Orange 1987, p. 260.
7. ^ a b Newman, Keith (2010) [2010]. Bible & Treaty, Missionaries among the Māori – a new perspective. Google Books: Penguin. ISBN 978-0143204084. pp 159
8. ^ Burns, Patricia (1989). Fatal Success: A History of the New Zealand Company. Heinemann Reed. ISBN 0-7900-0011-3.
9. ^ "Treaty of Waitangi – Te Tiriti o Waitangi". Archives New Zealand. Archived from the original on 11 August 2011. Retrieved 10 August 2011.
10. ^ a b c d "Meaning of the Treaty". Waitangi Tribunal. 2011. Archived from the original on 8 July 2016. Retrieved 12 July 2011.
11. ^ a b c d e f Newman, Keith (2010) [2010]. Bible & Treaty, Missionaries among the Māori – a new perspective. Penguin. ISBN 978-0143204084. pp 20-116
12. ^ a b Wheen, Nicola; Hayward, Janine, eds. (2012). Treaty of Waitangi Settlements. Wellington: Bridget Williams Books. ISBN 9781927131381. Archived from the original on 22 December 2017.
13. ^ a b Palmer 2008, p. 292.
14. ^ a b "New Zealand's Constitution". Government House. Archived from the original on 10 December 2017. Retrieved 17 August 2017.
15. ^ a b "New Zealand's constitution – past, present and future" (PDF). Cabinet Office. Archived from the original (PDF) on 24 April 2017. Retrieved 17 August 2017.
16. ^ a b Palmer 2008, p. 24.
17. ^ Bellmessous, Saliha (2015). Empire by Treaty: Negotiating European Expansion, 1600-1900. Google Books: OUP. p. 6\. ISBN 9780199391783.
18. ^ Bellmessous 2015, pp. 9–10.
19. ^ Orange 1987, p. 5.
20. ^ a b Orange 1987, p. 4.
21. ^ Moon 2010, p. 24.
22. ^ Binney, Judith (2007). Te Kerikeri 1770–1850, The Meeting Pool, Bridget Williams Books (Wellington) in association with Craig Potton Publishing (Nelson). ISBN 1-877242-38-1. Chapter 13, "The Māori Leaders' Assembly, Kororipo Pā, 1831", by Manuka Henare, pp 114–116.
23. ^ Palmer, Matthew; Knight, Dean R. (2022). The Constitution of New Zealand: a contextual analysis. Constitutional systems of the world. Oxford, UK; New York, NY: Hart Publishing, an imprint of Bloomsbury Publishing. ISBN 978-1-84946-903-6.
24. ^ "Taming the frontier Page 4 – Declaration of Independence". NZ History. Ministry for Culture and Heritage. 23 September 2016. Archived from the original on 11 July 2017. Retrieved 20 August 2017.
25. ^ Mutu, Margaret (2012). "Custom Law and the Advent of New Pākehā Settlers". In Keenan, Danny (ed.). Huia histories of Māori : ngā tāhuhu kōrero. Wellington, N.Z.: Huia. ISBN 978-1-77550-009-4. OCLC 779490407. Archived from the original on 14 April 2023. Retrieved 6 April 2023.
26. ^ Keenan, Danny (2012). "Separating Them from that Common Influence". In Keenan, Danny (ed.). Huia histories of Māori : ngā tāhuhu kōrero. Wellington, N.Z.: Huia. ISBN 978-1-77550-009-4. OCLC 779490407. Archived from the original on 14 April 2023. Retrieved 6 April 2023.
27. ^ Moon 2010, p. 34.
28. ^ "Chapter VI – A select committee on the islands of New Zealand". Victoria University of Wellington – victoria.ac.nz. Archived from the original on 28 August 2017. Retrieved 22 June 2017.
29. ^ McDowell & Webb 2002.
30. ^ a b McLean 2006, p. 24.
31. ^ "Hobson, William. Biography". An Encyclopaedia of New Zealand. Archived from the original on 20 August 2017.
32. ^ "Lord&Normanby's&Instruc4ons&to&William&Hobson" (PDF). Treaty Resource Centre. Archived (PDF) from the original on 31 May 2023. Retrieved 15 April 2023.
33. ^ McDowell & Webb 2002, p. 174.
34. ^ Scholefield, G. (1930). Captain William Hobson. pp. 202–203. (Instructions from Lord Normanby to Captain Hobson – dated 14 August 1839)
35. ^ "Lord Normanby's Instructions to Captain Hobson 1839 [1839] NZConLRes 2". New Zealand Legal Information Institute. 14 August 1839. Archived from the original on 6 April 2019. Retrieved 7 April 2019.
36. ^ Orange 1987, p. 22.
37. ^ Orange 1987, p. 23.
38. ^ Quentin-Baxter & McLean 2017, p. 7.
39. ^ a b Orange 1990, p. 22.
40. ^ a b King 2003, p. 157.
41. ^ Hare, Mclintock. "Ships, Famous. Tory". An Encyclopaedia of New Zealand. Archived from the original on 19 August 2017.
42. ^ King 2003, pp. 170–171.
43. ^ Moon, Paul (2002). Path to the Treaty of Waitangi. David Ling Pub. pp. 10, 11. ISBN 9780908990832.
44. ^ Arundell, Richard; Sherrin, Augur; Wallace, J. H. (1890). Leys, Thompson W. (ed.). Early History of New Zealand: From Earliest Times to 1840. Auckland: H. Brett. p. 477.
45. ^ Wise's The New Zealand Guide (7th ed.). Wise & Co Ltd. 1979. p. 499.
46. ^ King, Marie. (1949). A Port in the North: A Short History of Russell, p 38.
47. ^ Orange 1987, p. 24.
48. ^ "Paul Moon: Hope for watershed in new Treaty era". The New Zealand Herald. 13 January 2010. Archived from the original on 4 November 2018. Retrieved 15 January 2010.
49. ^ a b King 2003, p. 158.
50. ^ Orange 1987, p. 30.
51. ^ Orange 1987, p. 93.
52. ^ McDowell & Webb 2002, pp. 174–176.
53. ^ a b David, Moxon. "The Treaty and the Bible in Aotearoa New Zealand". Vaughan Park. Vaughan Park / David Moxon. Archived from the original on 26 April 2021. Retrieved 26 April 2021.
54. ^ Carleton, Hugh (1874). "Vol. II". The Life of Henry Williams: "Early Recollections" written by Henry Williams. Early New Zealand Books (ENZB), University of Auckland Library. p. 12\. Archived from the original on 27 February 2021. Retrieved 19 October 2013.
55. ^ a b Orange 1987, p. 34.
56. ^ Orange 1987, p. 71.
57. ^ a b King 2003, p. 163.
58. ^ Orange 1987, Chapter 3.
59. ^ King 2003, p. 159.
60. ^ Orange 2013, p. 22-23.
61. ^ a b c d e Colenso, William (1890). The Authentic and Genuine History of the Signing of the Treaty of Waitangi. Wellington: By Authority of George Didsbury, Government Printer. Archived from the original on 16 August 2011. Retrieved 31 August 2011.
62. ^ a b Orange 1990.
63. ^ Orange 2013, p. 23.
64. ^ Orange 2013, p. 24.
65. ^ a b Carleton, Hugh (1874). "Vol. II". The Life of Henry Williams: "Early Recollections" written by Henry Williams. Early New Zealand Books (ENZB), University of Auckland Library. pp. 11–15\. Archived from the original on 27 February 2021. Retrieved 19 October 2013.
66. ^ Orange 1987, p. 73.
67. ^ Orange 2013, p. 40-41.
68. ^ Museum Display, Waitangi: Te Kōngahu Museum of Waitangi, 2016
69. ^ a b "The Treaty House". NZ History. Ministry for Culture and Heritage. 5 February 2013. Archived from the original on 15 April 2017. Retrieved 24 July 2017.
70. ^ a b Orange 2013, p. 28.
71. ^ a b Newman, Keith (2010) [2010]. Bible & Treaty, Missionaries among the Māori – a new perspective. Penguin. p. 155\. ISBN 978-0143204084.
72. ^ "The content of the Treaty of Waitangi". Museum of New Zealand, Te Papa Tongarewa. 8 January 2020. Archived from the original on 22 January 2019. Retrieved 26 April 2021.
73. ^ "Human Rights and the Treaty of Waitangi, Te Mana i Waitangi" (PDF). NZ Human Rights. Human Rights Commission, NZ Government. Archived (PDF) from the original on 20 February 2021. Retrieved 26 April 2021.
74. ^ "Five myths and misconceptions that confuse the Treaty debate". The New Zealand Herald. 6 February 2024. Retrieved 6 February 2024.
75. ^ "Bishop's guiding light shines again for faithful". The New Zealand Herald. 6 February 2024. Retrieved 6 February 2024.
76. ^ "Ruhe". NZ History. Ministry for Culture and Heritage. 17 June 2016. Archived from the original on 18 May 2017. Retrieved 20 August 2017.
77. ^ Orange 2013, p. 30.
78. ^ a b Orange 1987, p. 44.
79. ^ Orange 1987, p. 45.
80. ^ Orange 1987, p. 48.
81. ^ a b c d e f g The Journey of the Treaty (PDF). State Services Commission. 2005. Archived (PDF) from the original on 14 April 2017.
82. ^ a b c Orange 2013, p. 27.
83. ^ Orange 1987, p. 126.
84. ^ Orange 1987, p. 65.
85. ^ "Proclamation of Sovereignty over the North Island 1840 [1840] NZConLRes 9". New Zealand Legal Information Institute. 21 May 1840. Archived from the original on 24 February 2021. Retrieved 6 April 2019.
86. ^ "Proclamation of Sovereignty over the South and Stewart Islands 1840 [1840] NZConLRes 10". New Zealand Legal Information Institute. 21 May 1840. Archived from the original on 6 April 2019. Retrieved 6 April 2019.
87. ^ "Hobson proclaims British sovereignty over New Zealand". NZ History. Ministry for Culture and Heritage. 20 December 2016. Archived from the original on 18 May 2017. Retrieved 23 July 2017.
88. ^ a b Moon 2010, p. 66.
89. ^ Orange 1987, p. 60.
90. ^ "Proclamation on the Illegal Assumption of Authority in the Port Nicholson District 1840 [1840] NZConLRes 11". New Zealand Legal Information Institute. 23 May 1840. Archived from the original on 25 February 2021. Retrieved 6 April 2019.
91. ^ a b Orange 1987, p. 236.
92. ^ "N.Z. COMPANY DOCUMENTS. OTAGO DAILY TIMES". paperspast.natlib.govt.nz. 6 August 1909. Archived from the original on 2 April 2022. Retrieved 2 April 2022.
93. ^ a b "Te Tiriti o Waitangi". www.archives.govt.nz. Archived from the original on 11 August 2011. Retrieved 2 April 2022.
94. ^ "Treaty of Waitangi to be moved from Archives to National Library". Wellington.scoop.co.nz. Archived from the original on 6 March 2014. Retrieved 2 March 2014.
95. ^ "Signatures that shape New Zealand". Archived from the original on 31 January 2019. Retrieved 29 January 2019.
96. ^ McKenzie, Donald Francis (1985). Oral Culture, Literacy & Print in Early New Zealand: The Treaty of Waitangi. Google Scholar: Victoria University Press. p. 9\. ISBN 9780864730435.
97. ^ a b c "English Text – Read the Treaty". nzhistory.govt.nz. Archived from the original on 13 January 2018. Retrieved 13 January 2018.
98. ^ "Māori text – Read the Treaty". nzhistory.govt.nz. Archived from the original on 17 January 2018. Retrieved 17 January 2018.
99. ^ "Contemporary translation of the te reo Māori text". www.waitangitribunal.govt.nz. Archived from the original on 3 December 2024. Retrieved 4 January 2025.
100. ^ Belgrave, Michael; Kawharu, Merata; Williams, David Vernon (2005). Waitangi Revisited: Perspectives on the Treaty of Waitangi. Oxford University Press. pp. 390–393\. ISBN 9780195584004. Archived from the original on 3 January 2024. Retrieved 3 October 2020.
101. ^ Orange 1987, p. 31.
102. ^ Paul Moon; Sabine Fenton (2002). "Bound into a Fateful Union: Henry Williams' Translation of the Treaty of Waitangi into Maori in February 1840". The Journal of the Polynesian Society. 111 (1): 58. JSTOR 20707042. Archived from the original on 5 October 2022. Retrieved 5 October 2022.
103. ^ "Facing the truth about the Maori Wars". The Mana Trust. 2016. Archived from the original on 3 October 2016.
104. ^ a b "The Declaration of Independence". Translation from Archives New Zealand, New Zealand History online. Archived from the original on 7 July 2015. Retrieved 18 August 2010.
105. ^ Ross, R. M. (1972). "Te Tiriti o Waitangi: Texts and Translations". New Zealand Journal of History. 6 (2): 139–141.
106. ^ Binney, Judith (1989). "The Maori and the Signing of the Treaty of Waitangi". Towards 1990: Seven Leading Historians Examine Significant Aspects of New Zealand History. pp. 20–31.
107. ^ Easton, Brian (1990). "The Maori Broadcasting Claim: A Pakeha Economist's Perspective". Brian Easton. Archived from the original on 27 September 2011. Retrieved 1 September 2011.
108. ^ Report of the Waitangi Tribunal on Claims Concerning the Allocation of Radio Frequencies (Wai 26). Waitangi Tribunal. 1990. Archived from the original on 22 June 2015. Retrieved 1 September 2011.
109. ^ Radio Spectrum Management and Development Final Report (Wai 776). Waitangi Tribunal. 1999. Archived from the original on 19 August 2017. Retrieved 1 September 2011.
110. ^ a b c Orange 1987, p. 86.
111. ^ a b Orange 1987, p. 84.
112. ^ "Signing the Treaty". NZ History. Ministry for Culture and Heritage. 1 July 2016. Archived from the original on 8 July 2017. Retrieved 23 July 2017.
113. ^ Orange 1987, p. 33.
114. ^ Mikaere, Ani (2011). Colonising Myths: Maori Realities-He Rukuruku Whakaaro. Wellington: Huia.
115. ^ "View of Te Arewhana Kei Roto i Te Rūma: An Indigenous Neo-Disputatio on Settler Society, Nullifying Te Tiriti, 'Natural Resources' and Our Collective Future in Aotearoa New Zealand". Te Kaharoa. 9 (1). 2 February 2016. doi:10.24135/tekaharoa.v9i1.6. Archived from the original on 9 October 2018. Retrieved 9 October 2018.
116. ^ Margaret, Mutu (February 2010). Constitutional Intentions: The Treaty Texts. Huia Publishers. ISBN 9781869694043. Archived from the original on 13 October 2018. Retrieved 15 October 2018.
117. ^ "Meaning of the Treaty". waitangitribunal.govt.nz. Archived from the original on 8 July 2016. Retrieved 15 October 2018 - via Waitangi Tribunal.
118. ^ Belich, James (1996), Making Peoples: A History of the New Zealanders from Polynesian Settlement to the End of the Nineteenth Century, pp.195–6.
119. ^ Simpson, Tony (2015). Before Hobson. Wellington: Blythswood Press. ISBN 9780473312848.
120. ^ Taonui, Rāwiri. "Muriwhenua tribes – European contact". The Encyclopaedia of New Zealand. Archived from the original on 3 December 2013. Retrieved 26 November 2013.
121. ^ "New Zealand officially becomes British colony". NZ History. Ministry for Culture and Heritage. 23 December 2016. Archived from the original on 18 May 2017. Retrieved 25 July 2017.
122. ^ Panton, Kenneth (2015). Historical Dictionary of the British Empire. London: Rowman & Littlefield. p. 355\. ISBN 9780810878013.
123. ^ McLean 2006, p. 42.
124. ^ William Flavelle Monypenny and George Earl Buckle, The Life of Benjamin Disraeli Earl of Beaconsfield, vol. 2 (1912), p, 451.
125. ^ Hawkins, Angus (2007). The Forgotten Prime Minister – The 14th Earl of Derby Volume I Ascent: 1799–1851 (1st ed.). New York: Oxford University Press Inc. pp. 125–134\. ISBN 9780199204403.
126. ^ McLean 2006, p. 43.
127. ^ McLean 2006, p. 46.
128. ^ Malcolm McKinnon (20 June 2012). "Colonial and provincial government – Colony and provinces, 1852 to 1863". Te Ara - the Encyclopedia of New Zealand. Archived from the original on 11 February 2020. Retrieved 27 October 2021.
129. ^ Quentin-Baxter & McLean 2017, p. 15.
130. ^ Quentin-Baxter & McLean 2017, p. 18.
131. ^ a b Quentin-Baxter & McLean 2017, p. 20.
132. ^ a b Quentin-Baxter & McLean 2017, p. 22.
133. ^ McLean 2006, p. 64.
134. ^ Orange 1987, p. 20.
135. ^ a b c d e f g Fargher, Ray (2007). The Best Man who Ever Served the Crown?: A Life of Donald McLean. Wellington: Victoria University Press. pp. 54–58\. ISBN 9780864735607.
136. ^ Walker 2004, p. 105.
137. ^ Walker 2004, p. 106.
138. ^ Orange 1987, p. 87.
139. ^ Orange 1987, p. 502.
140. ^ Walker 2004, p. 135.
141. ^ Orange 1987, p. 120.
142. ^ Walker 2004, p. 136.
143. ^ a b Orange 1987, p. 88.
144. ^ R v Symonds (1847) NZPCC 388
145. ^ Orange 1987, p. 58.
146. ^ Walker 2004, p. 137.
147. ^ Walker 2004, p. 139.
148. ^ Walker 2004, p. 142.
149. ^ "New Zealand's 19th-century wars". NZ History. Ministry for Culture and Heritage. 15 August 2015. Archived from the original on 6 July 2017. Retrieved 25 July 2017.
150. ^ a b c Orange, Claudia (20 June 2012). "Treaty of Waitangi – The first decades after the treaty – 1840 to 1860". Te Ara – the Encyclopedia of New Zealand. Archived from the original on 22 May 2017. Retrieved 25 July 2017.
151. ^ O'Malley 2019, p. 88.
152. ^ Paterson, Lachy (2011). "The Kohimärama Conference of 1860: A Contextual Reading". Journal of New Zealand Studies (12). doi:10.26686/jnzs.v0i12.487. Archived from the original on 26 January 2019. Retrieved 9 October 2018.
153. ^ O'Malley 2019, p. 89.
154. ^ "Treaty events 1850–99 – Treaty timeline". nzhistory.govt.nz. Ministry for Culture and Heritage. 17 May 2017. Archived from the original on 31 July 2018. Retrieved 30 July 2018.
155. ^ Orange, Claudia (20 June 2012). "Treaty of Waitangi – Dishonouring the Treaty – 1860 to 1880 – Kohimarama Conference, 1860". Te Ara – the Encyclopedia of New Zealand. Archived from the original on 31 July 2018. Retrieved 30 July 2018.
156. ^ Walker 2004, p. 143.
157. ^ a b c d e f Walker 2004.
158. ^ Palmer 2008, p. 19.
159. ^ "Native Rights Act 1865". New Zealand Legal Information Institute. 1865. Archived from the original on 1 December 2019. Retrieved 27 September 2019.
160. ^ Jamieson, Nigel J. (2004). Talking Through the Treaty – Truly a Case of Pokarekare Ana or Troubled Waters. New Zealand Association for Comparative Law Yearbook 10.
161. ^ Wi Parata v Bishop of Wellington (1877) 3 NZ Jurist Reports (NS) Supreme Court, p72.
162. ^ Robinson 2010, p. 262.
163. ^ Tauroa, Hiwi (1989). Healing the Breach: One Maori's Perspective on the Treaty of Waitangi. Collins New Zealand. pp. 26, 27, 28. ISBN 9781869500078. Archived from the original on 23 January 2018.
164. ^ Orange 1987, p. 220.
165. ^ Orange 1987, p. 202.
166. ^ Cooke, Robin (1994). "The Harkness Henry lecture: the challenge of Treaty of Waitangi jurisprudence". Waikato Law Review. 2. Archived from the original on 20 July 2017.
167. ^ Orange 1987, p. 200.
168. ^ Orange 1987, p. 203.
169. ^ a b "The Treaty debated". NZ History. Ministry for Culture and Heritage. 7 July 2015. Archived from the original on 19 August 2017. Retrieved 25 July 2017.
170. ^ Robinson 2010, p. 264.
171. ^ Orange 1987, p. 213.
172. ^ Orange 1987, p. 229.
173. ^ a b Keane, Basil (20 June 2012). "Ngā rōpū tautohetohe – Māori protest movements". Te Ara: The Encyclopedia of New Zealand. Archived from the original on 14 August 2017. Retrieved 23 July 2017.
174. ^ Orange 1987, p. 209.
175. ^ a b "The Treaty in practice: Page 6 – The Treaty Debated". NZHistory.net.nz. 7 July 2014. Archived from the original on 10 February 2015. Retrieved 16 February 2015.
176. ^ a b c Palmer, Geoffrey (June 2013). "Māori, the Treaty and the Constitution – Rt. Hon. Sir Geoffrey Palmer QC". Māori Law Review. Archived from the original on 16 February 2015.
177. ^ "Treaty of Waitangi Act 1975 No 114 (as at 05 June 2024), Public Act 6 Jurisdiction of Tribunal to consider claims – New Zealand Legislation". www.legislation.govt.nz.
178. ^ Hayward, Janine (16 January 2023). "Story: Principles of the Treaty of Waitangi – ngā mātāpono o te Tiriti o Waitangi". Te Ara – the Encyclopedia of New Zealand. Retrieved 24 November 2023.
179. ^ Melvin, Geoff (2004). "The Jurisdiction of the Waitangi Tribunal". In Hayward, Janine; Wheen, Nicola (eds.). In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi. Wellington: Bridget Williams Books. ISBN 1-877242-32-2.
180. ^ a b Hayward, Janine (2004). "Flowing from the Treaty's words: the principles of the Treaty of Waitangi". In Hayward, Janine; Wheen, Nicola (eds.). In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi. Wellington: Bridget Williams Books. ISBN 1-877242-32-2.
181. ^ Hayward, Janine (16 January 2023). "Principles of the Treaty of Waitangi – ngā mātāpono o te Tiriti o Waitangi – What are the treaty principles?". Te Ara – the Encyclopedia of New Zealand. Retrieved 3 March 2024.
182. ^ He Tirohanga ō Kawa ki te Tiriti o Waitangi: a guide to the principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal. Te Puni Kokiri. 2001. ISBN 0-478-09193-1. Archived from the original on 23 January 2015. Retrieved 12 August 2012.
183. ^ *Principles for Crown Action on the Treaty of Waitangi, 1989. Wellington: Treaty of Waitangi Research Unit, Victoria University of Wellington. 2011.
184. ^ Dame Helen Winkelmann (2 December 2020). "Picking up the threads : the story of the common law in Aotearoa New Zealand". Robin Cooke Lecture. Te Herenga Waka–Victoria University of Wellington.
185. ^ "What stands in the way of the ACT Party plan for a referendum on the Treaty of Waitangi". RNZ. 2 November 2023. Archived from the original on 4 November 2023. Retrieved 4 November 2023.
186. ^ "Majority would support Treaty referendum, although unsure if they want to vote on it". The New Zealand Herald. 5 November 2023. Archived from the original on 4 November 2023. Retrieved 4 November 2023.
187. ^ Palmer 2008, p. 317.
188. ^ Renwick, William (1990). The Treaty Now. Wellington: GP Books. p. 95\. ISBN 9780477014601.
189. ^ O'Malley, Vincent (2010). The Treaty of Waitangi Companion: Maori and Pakeha from Tasman to Today. Auckland University Press. pp. 391–398\. ISBN 9781869406813. Archived from the original on 24 January 2018.
190. ^ Dr Donald Brash (27 January 2004). "NATIONHOOD – Don Brash Speech Orewa Rotary Club". Archived from the original on 14 May 2011. Retrieved 20 March 2011.
191. ^ Cumming, Geoff (4 February 2004). "Non-Maori say they've had enough". The New Zealand Herald. Archived from the original on 25 October 2012. Retrieved 29 April 2011.
192. ^ "Peters unveils NZ First treaty policy". The New Zealand Herald. 22 June 2005. Archived from the original on 29 September 2017. Retrieved 25 July 2017.
193. ^ "Doug Woolerton's Principles of the Treaty of Waitangi Deletion Bill". New Zealand First. Archived from the original on 1 July 2007. Retrieved 13 June 2007.
194. ^ "Principles of the Treaty of Waitangi Deletion Bill – First Reading". New Zealand Parliament. Archived from the original on 6 February 2015. Retrieved 6 February 2015.
195. ^ "New Zealand Parliament – Principles of the Treaty of Waitangi Deletion Bill". Parliament.nz. 7 November 2007. Archived from the original on 21 January 2012. Retrieved 1 November 2011.
196. ^ "Part D – What are Your Opinions?". New Zealand Election Study. 2008. Archived from the original on 24 August 2010.
197. ^ "Part C – Your Opinions C10b". New Zealand Election Study. Archived from the original on 23 March 2019. Retrieved 23 March 2019.
198. ^ "Waitangi Day – Introduction". New Zealand History – nzhistory.govt.nz. Archived from the original on 10 February 2017. Retrieved 9 February 2017.
199. ^ "Waitangi Day – Introduction". New Zealand History – nzhistory.govt.nz. Archived from the original on 10 February 2017. Retrieved 9 February 2017.
200. ^ "Waitangi Day 1940s–1950s". New Zealand History – nzhistory.govt.nz. Archived from the original on 8 February 2017. Retrieved 8 February 2017.
201. ^ "Waitangi Day 1970s". NZ History. Ministry for Culture and Heritage. 5 July 2014. Archived from the original on 8 October 2017. Retrieved 26 July 2017.
202. ^ "Waitangi Day in the 21st century". NZ History. Ministry for Culture and Heritage. 5 July 2014. Archived from the original on 14 October 2017. Retrieved 14 January 2018.
203. ^ Stocker, Mark (2010). "The New Zealand 'Waitangi' Crown of 1935" (PDF). British Numismatic Journal. 80: 176–188\. Archived (PDF) from the original on 24 March 2023. Retrieved 30 October 2023.
204. ^ "Te wātaka o te Tiriti o Waitangi / Timeline of te Tiriti o Waitangi the Treaty of Waitangi". Archives New Zealand. New Zealand Government. Retrieved 11 November 2024.
205. ^ "Te Tiriti o Waitangi Treaty of Waitangi". Memory of the World Aotearoa New Zealand Ngā Mahara o te Ao. Retrieved 11 November 2024.

### Bibliography

[edit]

* Adams, Peter (1977). Fatal Necessity: British Intervention in New Zealand 1830–1847. Auckland: Auckland University Press. ISBN 0-19-647950-9.
* Buick, T. Lindsay (2011). The Treaty of Waitangi: or How New Zealand Became a British Colony. Cambridge: Cambridge University Press. ISBN 978-1108039963.
* Durie, Mason (1998). Te Mana, Te Kāwanatanga; The Politics of Māori Self-Determination. Auckland: Oxford University Press. ISBN 0-19-558367-1.
* Fletcher, Ned (2022). the English Text of the Treaty of Waitangi. Wellington: Bridget Williams Books. doi:10.7810/9781990046537. ISBN 9781990046537. S2CID 150868886. Archived from the original on 3 January 2024. Retrieved 21 April 2023.
* King, Michael (2003). The Penguin History of New Zealand. Penguin Books. ISBN 0-14-301867-1.
* O'Malley, Vincent (2019). The New Zealand Wars Ngā Pakanga O Aotearoa. Wellington: Bridget Williams Books. ISBN 9781988545998.
* McLean, Gavin (2006). The Governors: New Zealand's Governors and Governors-General. Dunedin: Otago University Press. ISBN 1-877372-25-0. Archived from the original on 24 June 2013. Retrieved 23 May 2020.
* McDowell, Morag; Webb, Duncan (2002). The New Zealand Legal System (3rd ed.). LexisNexis Butterworths. ISBN 0408716266.
* Moon, Paul (2002). Te ara kī te Tiriti (The Path to the Treaty of Waitangi). Auckland: David Ling. ISBN 0-908990-83-9.
* Moon, Paul, ed. (2010). New Zealand Birth Certificates – 50 of New Zealand's Founding Documents. AUT Media. ISBN 978-0-9582997-1-8.
* Orange, Claudia (1987). The Treaty of Waitangi (Second ed.). Wellington: Allen & Unwin. ISBN 9781877242489. Archived from the original on 4 May 2020. Retrieved 27 May 2020.
* Orange, Claudia (1989). The Story of a Treaty. Wellington: Allen & Unwin. ISBN 0-04-641053-8.
* Orange, Claudia (1990). An Illustrated History of the Treaty of Waitangi (2003 ed.). Wellington: Allen & Unwin. ISBN 0-04-442169-9. Archived from the original on 4 May 2020. Retrieved 1 June 2020.
* Orange, Claudia (2013). The Treaty of Waitangi (eBook ed.). Wellington: Bridget Williams Books. ISBN 9781927131213.[verification needed]
* Palmer, Matthew (2008). The Treaty of Waitangi in New Zealand's Law and Constitution. Victoria University of Wellington Press. ISBN 978-0-86473-579-9.
* Quentin-Baxter, Alison; McLean, Janet (2017). This Realm of New Zealand: The Sovereign, the Governor-General, the Crown. Auckland University Press. ISBN 978-1-869-40875-6. Archived from the original on 15 April 2019. Retrieved 5 June 2020.
* Robinson, Helen (December 2010). "Simple Nullity or Birth of Law and Order? The Treaty of Waitangi in Legal and Historiographical Discourse from 1877 to 1970". New Zealand Universities Law Review. 24 (2). Archived from the original on 9 August 2020. Retrieved 5 June 2020.
* Scott, Dick (1975). Ask That Mountain: The Story of Parihaka. Auckland: Heinemann. ISBN 0-7900-0190-X.
* Simpson, Miria (1990). Nga Tohu O Te Tiriti/Making a Mark: The signatories to the Treaty of Waitangi. Wellington: National Library of New Zealand.
* Walker, Ranginui (2004). Ka whawhai tonu matou (Struggle without End) (rev. ed.). Auckland: Penguin. ISBN 0-14-301945-7.

## External links

[edit]

Treaty of Waitangi at Wikipedia's sister projects

* Media from Commons
* Texts from Wikisource
* Textbooks from Wikibooks
* Data from Wikidata

* Information about the treaty at nzhistory.net.nz
* Treaty of Waitangi site at archives New Zealand
* "Why article 3 of the Treaty deserves more attention in the age of co-governance" A professorial commentary on section 3 of the treaty
* Comic book explaining the treaty Archived 29 April 2019 at the Wayback Machine used in New Zealand schools

* v
* t
* e

Treaty of Waitangi

Parties and partners|

* The British Crown
* Rangatira

Notable signatories|

* Tāmati Wāka Nene
* William Hobson
* Hōne Heke
* Te Rauparaha

Important figures and groups|

* Hōne Heke
* Te Rauparaha
* Tāmati Wāka Nene
* Queen Victoria
* James Busby
* Henry Williams

Important groups|

* New Zealand Company
* Colonial Office
* Māori protest movement
* Waitangi Tribunal
* Office of Treaty Settlements

Terminology|

* Tino rangatiratanga
* Kāwanatanga
* Mana motuhake
* Taonga
* Sovereignty

Legal|

* New Zealand Day Act
* Treaty of Waitangi Act
* Waitangi Day Acts (1960 and 1976)
* Treaty of Waitangi claims and settlements
* Principles of the Treaty of Waitangi
* Wi Parata v Bishop of Wellington
* R v Symonds
* New Zealand Maori Council v Attorney-General
* Ngati Apa v Attorney-General
* Treaty Principles Bill

Commemoration|

* Waitangi Day
* Waitangi, Northland
* Treaty House

Protest|

* Māori land march
* Waitangi dildo incident

* v
* t
* e

New Zealand articles

History|

* Timeline
* Archaeology
* Economic history
* Military history
* Māori history
* Natural history
* Political history

* Treaty of Waitangi
* New Zealand Wars
* Women's suffrage
* New Zealand and Antarctica
* Colony
* Dominion
* Independence

Geography|

| Physical|

* Biodiversity
* Caves
* Climate
* Climate change
* Earthquakes
* Environment
* Geology
* Islands
* North Island
* South Island
* Lakes
* Mountains
* Protected areas
* Marine reserves
* National parks
* Rivers
* Volcanism
* Water

|

Cities|

* Auckland
* Christchurch
* Dunedin
* Hamilton
* Hastings
* Invercargill
* Napier
* Nelson
* New Plymouth
* Palmerston North
* Rotorua
* Tauranga
* Wellington
* capital
* Whangārei

Subdivisions|

* Regions
* Territorial authorities

Politics|

* Constitution
* Elections
* Electoral system
* Political parties
* Voting
* Foreign relations
* Gun law
* Human rights
* Disability
* Intersex
* LGBT
* Judiciary
* Supreme Court
* Chief Justice
* Law
* enforcement
* Māori politics
* Military
* Monarchy
* Official Opposition
* Parliament (House of Representatives)
* Political funding
* Public sector

Government|

* Cabinet
* list
* Governor-General
* list
* Ministers
* Prime Minister
* list

Economy|

* Agriculture
* Dairy farming
* Wine industry
* Companies
* Dollar
* Energy
* Information technology
* Manufacturing
* Mining
* Poverty
* Child poverty
* Reserve Bank
* Rogernomics
* Social welfare
* Taxation
* Telecommunications
* Tourism
* Transportation
* Rail transport

Society|

* Abortion
* Citizenship
* Crime
* Demographics
* Ethnic origins
* Gender inequality
* Education
* Euthanasia
* Gender equality
* Health
* Healthcare
* Homelessness
* Housing
* Immigration
* Irreligion
* Languages
* Māori
* New Zealand English
* New Zealand Sign Language
* LGBT issues
* Naturism
* People
* "Kiwi"
* Māori
* Women
* Prostitution
* Religion
* Structural discrimination
* Waste

Culture|

* Architecture
* Art
* Cinema
* Cuisine
* Literature
* Māori culture
* Media
* Music
* Performing arts
* Public holidays
* Radio
* Sport
* Symbols
* Television

* Outline

* Category
* Portal

* v
* t
* e

Māori

Indigenous people of New Zealand (Aotearoa)

History|

* Māori migration canoes
* waka
* Moriori
* Musket Wars
* United Tribes of New Zealand
* Treaty of Waitangi
* New Zealand Wars
* Kūpapa
* Land confiscations
* Māori protest movement

Society|

* Conservation
* Diaspora
* Australia
* United Kingdom
* United States
* Hauora
* Hapū
* Iwi
* Marae
* pā
* Religion
* Tangata whenua
* Whānau

Politics|

* Mana Movement
* Minister for Māori Development
* Mana Motuhake
* Māori electorates
* Māori King movement
* Te Pāti Māori
* Te Puni Kōkiri
* Treaty of Waitangi claims and settlements
* Tino rangatiratanga

Culture|

* Cuisine
* Funerals
* Mana
* Mythology
* Deities
* Ghosts and spirits
* Naming customs
* Polynesian culture
* Religion
* Rongomaraeroa
* Tapu
* Taha Māori
* Tikanga Māori
* Taua
* Whakapapa

Arts|

* Kapa haka
* Haka
* Poi
* Music
* Instruments
* Poetry
* Pounamu
* Hei-tiki
* Tattooing
* Textiles
* Wood carving

Science|

* Conservation
* Kaitiaki
* Rāhui
* Navigation

Sport|

* Haka in sports
* Kī-o-rahi
* Tapu ae
* Mau rākau
* Representative teams
* Cricket
* Rugby league
* Rugby union
* 1888–89 Natives
* Sportspeople
* Waka ama

Language|

* Influence on New Zealand English
* Language immersion schools
* Māori Language Commission
* Māori language revival
* Te Wiki o te Reo Māori
* Māori Television
* Planetary names

Authority control databases

International|

* VIAF

National|

* United States
* Czech Republic
* 2
* Israel

Other|

* Te Papa (New Zealand)

*[v]: View this template
*[t]: Discuss this template
*[e]: Edit this template