Treaty of Waitangi

Introduction •
The Treaty of Waitangi

Introduction

In the late 1830s, there were approximately 125,000 Māori in New Zealand and about 2000 settlers. More immigrants were arriving all the time though, and Captain William Hobson was sent to act for the British Crown in the negotiation of a treaty between the Crown and Māori.

On 6 February 1840, the Treaty of Waitangi was signed at Waitangi in the Bay of Islands by Hobson, several English residents, and approximately 45 Māori rangatira, Hone Heke being the first. The Māori text of the Treaty was then taken around Northland to obtain additional Māori signatures and copies were sent around the rest of the country for signing, but the English text was signed only at Waikato Heads and at Manukau by 39 rangatira. By the end of that year, over 500 Māori had signed the Treaty.

The Treaty of Waitangi is now on permanent display at National Library in Wellington as part of the He Tohu exhibition.

Historical information kindly provided by the Waitangi Tribunal. The information given below is intended as a general guide only, and should not necessarily be read as a statement of the views or findings of the Waitangi Tribunal. Readers interested in the tribunal's interpretation of the Treaty and its principles are directed to the reports of the tribunal.

The Treaty of Waitangi

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Meaning of the Treaty
The English version of the Treaty
The Māori version of the Treaty

Meaning of the Treaty

The Treaty of Waitangi has two texts, one Māori and one English. The English text is not an exact translation of the Māori text. Despite the problems caused by the different versions, both represent an agreement in which Māori gave the Crown rights to govern and to develop British settlement, while the Crown guaranteed Māori full protection of their interests and status, and full citizenship rights.
- The preamble to the English version states that the British intentions were to:
  
  protect Māori interests from the encroaching British settlement;
  
  provide for British settlement; and
  
  establish a government to maintain peace and order.
  
  The Maori text has a different emphasis. It suggests that the Queen's main promises to Māori were to:
  
  secure tribal rangatiratanga; and
  
  secure Māori land ownership.
- In the Māori text of article 1, Māori gave the British a right of governance, kawanatanga, whereas in the English text, Maori ceded ‘sovereignty’.
  One of the problems that faced the original translators of the English draft of the Treaty was that 'sovereignty' in the British understanding of the word had no direct translation in the context of Māori society. Rangatira (chiefs) held the autonomy and authority, ‘rangatiratanga’, over their own domains but there was no supreme ruler of the whole country. In the Māori version, the translators used the inadequate term ‘kawanatanga’, a transliteration of the word ‘governance’, which was then in current use. Māori understanding of this word came from familiar use in the New Testament of the Bible when refering to the likes of Pontious Pilate, and from their knowledge of the role of the ‘Kawana’, or Governor of New South Wales, whose jurisdiction then extended to British subjects in New Zealand.
  As a result, in this article, Māori believe they ceded to the Queen a right of governance in return for the promise of protection, while retaining the authority they always had to manage their own affairs.
- The Māori version of article 2 uses the word ‘rangatiratanga’ in promising to uphold the authority that tribes had always had over their lands and taonga. This choice of wording emphasises status and authority.
  In the English text, the Queen guaranteed to Māori the undisturbed possession of their properties, including their lands, forests, and fisheries, for as long as they wished to retain them. This text emphasises property and ownership rights.
  Article 2 provides for land sales to be effected through the Crown. This gave the Crown the right of pre-emption in land sales. The Waitangi Tribunal, after reading the instructions for the Treaty provided by Lord Normanby, concluded that the purpose of this provision was not just to regulate settlement but to ensure that each tribe retained sufficient land for its own purposes and needs.
- In article 3, the Crown promised to Māori the benefits of royal protection and full citizenship. This text emphasises equality.
- In the epilogue, the signatories acknowledge that they have entered into the full spirit of the Treaty. These words are important, for it is the Treaty’s principles, rather than the meaning of its strict terms, that the Waitangi Tribunal must determine today.
  In doing this, the Tribunal must have regard to cultural meanings of words, the surrounding circumstances, comments made at the time, and the parties' objectives, as far as these can be gathered from other sources. The variations between the two texts become less problematic if these other factors are taken into consideration.

The English version of the Treaty

The following version of the Treaty is taken from the first schedule to the Treaty of Waitangi Act 1975.
- HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal favour 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.
- 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 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.
- Her Majesty the Queen of England 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.
- In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.
  W 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.
  [Here follow signatures, dates, etc.]

The Māori version of the Treaty

The following version of the Treaty is taken from the first schedule to the Treaty of Waitangi Act 1975.
- 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 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 Kuini o Ingarani ka wakarite ka wakaae ki nga Rangitira ki nga hapu-ki nga tangata katoa o Nu Tirani te tino rangtiratanga 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.
- 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 Waiangi i te ono o nga ra o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki.
  Ko nga Rangatira o te wakaminenga.