Treaty of Waitangi

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

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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] and has no independent legal status, being legally effective only to the extent it is recognised in various statutes.^[2] 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 probably 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.^[3]

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.^[4] 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.^[5] 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.^[6][7] Only 39 signed the English version.^[8] An immediate result of the treaty was that Queen Victoria's government gained the sole right to purchase land.^[9] In total there are nine signed copies of the Treaty of Waitangi, including the sheet signed on 6 February 1840 at Waitangi.^[10]

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.^[11][12] 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.^[11] In most cases, recommendations of the tribunal are not binding on the Crown, but settlements with a total value of roughly $1 billion have been awarded to various Māori groups.^[11][13] 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.^[14] Increasingly, the treaty is recognised as a founding document in New Zealand's developing unwritten constitution.^[15][16][17] The New Zealand Day Act 1973 established Waitangi Day as a national holiday to commemorate the signing of the treaty.