Treaty of Waitangi

The Treaty of Waitangi (Māori: Te Tiriti o Waitangi) is a

treaty first signed on 6 February 1840 by Captain William Treaty of Waitangi
Hobson RN as consul for the British Crown and Māori chiefs Te Tiriti o Waitangi
(rangatira) from the North Island of New Zealand. It has
become a document of central importance to the history, to the
political constitution of the state, and to the national mythos of
New Zealand, and has played a major role in framing the
political relations between New Zealand's government and the
Māori population, especially from the late 20th century.

The treaty was written at a time when the New Zealand

Company, acting on behalf of large numbers of settlers and
would-be settlers, were establishing a colony in New Zealand,
and when some Māori leaders had petitioned the British for
protection against French incursions. 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.[1] 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.[2] 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.[3][4] Only 39 signed the English The Waitangi Sheet of the Treaty of
version.[5] An immediate result of the treaty was that Queen Waitangi
Victoria's government gained the sole right to purchase land.[6] Context Treaty to establish a
In total there are nine signed copies of the Treaty of Waitangi, British Governor of New
including the sheet signed on 6 February 1840 at Waitangi.[7] Zealand, consider Māori
ownership of their lands
The text of the treaty includes a preamble and three articles. It
and other properties, and
is bilingual, with the Māori text translated in the context of the
time from the English. give Māori the rights of
British subjects.
Article one of the Māori text grants governance rights Drafted 4–5 February 1840 by
to the Crown while the English text cedes "all rights
William Hobson with the
and powers of sovereignty" to the Crown.
help of his secretary,
James Freeman, and
British Resident James
Busby
 Article two of the Māori text establishes that Māori Signed 6 February 1840
will retain full chieftainship over their lands, villages
Location Waitangi in the Bay of
and all their treasures while the English text
establishes the continued ownership of the Māori Islands, and various
over their lands and establishes the exclusive right of other locations in New
pre-emption of the Crown. Zealand. Currently held
Article three gives Māori people full rights and at National Library of
protections as British subjects. New Zealand, Wellington.
Signatories Representatives of the
As some words in the English treaty did not translate directly
into the written Māori language of the time, the Māori text is British Crown, various
not a literal translation of the English text, particularly in Māori chiefs from the
relation to the meaning of having and ceding sovereignty.[8][9] northern North Island,
These differences created disagreements in the decades and later a further 500
following the signing, eventually contributing to the New signatories
Zealand Wars of 1845 to 1872 and continuing through to the Languages English, Māori
Treaty of Waitangi settlements starting in the early 1990s.
Full text
During the second half of the 19th century Māori generally lost Treaty of Waitangi at Wikisource
control of much of the land they had owned, sometimes
www.treatyofwaitangi.govt.nz (http://ww
through legitimate sale, but often due to unfair land-deals,
settlers occupying land that had not been sold, or through w.treatyofwaitangi.govt.nz/)
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-case 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, researching breaches of
the treaty by the Crown or its agents, and suggesting means of redress.[8] In most cases, recommendations
of the Tribunal are not binding on the Crown, but settlements totalling almost $1 billion have been awarded
to various Māori groups.[8][10] 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 in law.[11] As a result, the treaty
has now become widely regarded as the founding document of New Zealand.[12][13][14]

The New Zealand government established Waitangi Day as a national holiday in 1974; each year the
holiday commemorates the date of the signing of the treaty.

Contents
Early history
Drafting and translating the treaty
Debate and signing
Article Four
First signings
Later signings
Sovereignty proclamations
Extant copies
Treaty text, meaning and interpretation
English text
Māori text
Differences
Role in New Zealand society
Effects on Māori land and rights (1840–1960)
Colony of New Zealand
Right of pre-emption
New Zealand Wars and land sales
Native Land Court
Treaty House and revival
Resurgence and place in New Zealand Law (1960–present)
Principles of the Treaty of Waitangi
Bill of Rights
Public opinion
Waitangi Tribunal claims
Commemoration
Commemorative stamps
See also
References
Bibliography
External links

Early history
The first contact between the Māori and Europeans was in 1642, when Dutch explorer Abel Tasman
arrived and was fought off, and again in 1769 when the English navigator Captain James Cook claimed
New Zealand for Britain at the Mercury Islands. Nevertheless, the British government showed little interest
in following up this claim for over half a century.[15] The first mention of New Zealand in British statutes is
in the Murders Abroad Act of 1817,[16] which clarified that New Zealand was not a British colony (despite
being claimed by Captain Cook) and "not within His Majesty's dominions".[17] Between 1795 and 1830 a
steady flow of sealing and then whaling ships visited New Zealand, mainly stopping at the Bay of Islands
for food supplies and recreation. Many of the ships came from Sydney. Trade between Sydney and New
Zealand increased as traders sought kauri timber and flax and missionaries purchased large areas of land in
the Bay of Islands.[18] This trade was seen as mutually advantageous, and Māori tribes competed for access
to the services of Europeans that had chosen to live on the islands because they brought goods and
knowledge that were essential to the local tribe (iwi). At the same time, Europeans living in New Zealand
needed the protection that Māori chiefs could provide.[19] As a result of trade, Māori society changed
drastically up to the 1840s. They changed their society from one of subsistence farming and gathering to
cultivating useful trade crops.[19]

While heading the parliamentary campaign against the British slave trade for twenty years until the passage
of the Slave Trade Act of 1807, William Wilberforce championed the foundation of the Church Missionary
Society (CMS) in 1799, with other members of the Clapham Sect including John Venn, determined to
improve the treatment of indigenous people by the British. This led to the establishment of their Christian
mission in New Zealand, which saw laymen arriving from 1814 to teach building, farming and Christianity
to Māori, as well as training 'native' ministers. The Māori language did not then have an indigenous writing
system. Missionaries learned to speak Māori, and introduced the Latin alphabet. The CMS, including
Thomas Kendall; Māori, including Tītore and Hongi Hika; and Cambridge University's Samuel Lee,
developed the written language between 1817 and 1830. In 1833, while living in the Paihia mission house
of Anglican priest and the now head of the New Zealand CMS mission (later to become the New Zealand
Church Missionary Society) Rev Henry Williams, missioner William Colenso published the Māori
translations of books of the Bible, the first books printed in New Zealand. His 1837 Māori New Testament
was the first indigenous language translation of the Bible published in the southern hemisphere. Demand
for the Māori New Testament, and 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, decreased slavery and intertribal
violence, and increased peace and respect for all people in Māori society, including women.[9]

Māori generally respected the British, partially due to their relationships

with missionaries and also due to British status as a major maritime
power,[20] which had been made apparent to Māori travelling outside New
Zealand.[21] The other major powers in the area around the 1830s included
American whalers, whom the Māori accepted as cousins of the British, and
French Catholics who came for trade and as missionaries. The Māori were
still deeply distrustful of the French, due to a massacre of 250 people that
had occurred in 1772, when they retaliated for the killing of Marion du
Fresne and some of his crew.[21] While the threat of the French 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
James Busby, British asking for Britain to be a "friend and guardian" of New Zealand.[22] It is
Resident in New Zealand. the first known plea for British intervention written by Māori.[23] In
He drafted a document response, the British government sent James Busby in 1832 to be the
known as the Declaration of British Resident in New Zealand. In 1834 Busby drafted a document
the Independence of New known as the Declaration of the Independence of New Zealand, He
Zealand. Whakaputanga which he and 35 northern Māori chiefs signed at Waitangi
on 28 October 1835, establishing those chiefs as representatives of a proto-
state under the title of the "United Tribes of New Zealand". This document
was not well received by the Colonial Office in Britain, and it was decided that a new policy for New
Zealand was needed.[24] From a Māori perspective, The Declaration of Independence, was twofold, one
for the British to establish control of its lawless subjects in New Zealand, and two, 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 the Hudson's Bay Company in 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 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]
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. Normanby gave Hobson three instructions – to seek
a cession of sovereignty, to assume complete control over land matters, and
to establish a form of civil government, but he did not provide a draft of the
treaty.[32][33] Normanby wrote at length about the need for British
intervention as essential to protect Māori interests, but this was somewhat
deceptive.[34] Hobson's instructions gave no provision for Māori
government of any kind nor any Māori involvement in the administrative
Captain William Hobson
structure of the new colony.[35] 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.[36]

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 settlers as part of a colony
governed by the Crown.[37][38] 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,[37] 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.[38] 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,[39]
and plans by French Captain Jean François L'Anglois to establish a French colony in Akaroa.[40] 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
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.[41]

Hobson left London on 15 August 1839 and was sworn in as Lieutenant-Governor in Sydney on 14
January, 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.[42] The Aurora, the first ship carrying immigrants, arrived on 22 January.[43]

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 was in relation to
Hobson's own appointment as Lieutenant-Governor of New Zealand. The third was in relation to land
transactions (notably on the issue of pre-emption).[44]

CMS printer William Colenso created a Māori circular for the United Tribes high chiefs inviting them to
meet 'Rangatira' Hobson on 5 February at Busby's Waitangi home.[9]
Drafting and translating the treaty
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.[45] 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).[46]

The entire Treaty was prepared in three days,[47] in which it underwent

many revisions.[48] There were doubts even during the drafting process that
the Māori chiefs would be able to understand the concept of relinquishing
"sovereignty".[49]

Assuming that a treaty in English could not be understood, debated or

agreed to by Māori, Hobson asked CMS head missioner Henry Williams,
Rev Henry Williams, who
and his son Edward Marsh Williams, who was a scholar in Māori language translated the treaty into
and custom, to translate the document overnight on 4 February.[50] Henry Māori with the help of his
Williams was concerned with the actions of the New Zealand Company in son Edward Marsh Williams.
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."[9] 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.[51]

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.[52][53] 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.[53] 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.[54]

Debate and signing

Overnight on the 4–5 February the original English version of the treaty was translated into Māori.[47] On
the morning of 5 February the Māori and English versions of the treaty were put before a gathering
(hui)[56] of northern chiefs inside a large marquee on the lawn in front of Busby's house at Waitangi.[57]
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.[58]
Māori chiefs then debated the treaty for five hours, much of
which was recorded and translated by the Paihia missionary
station printer, William Colenso.[59] 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 A later reconstruction in a painting by
returned.[60] Whai asked: "Yesterday I was cursed by a white Marcus King, depicting Tāmati Wāka Nene
man. Is that the way things are going to be?". Protestant in the act of signing. Hobson is falsely
Chiefs such as Hōne Heke, Pumuka, Te Wharerahi, Tāmati shown in full uniform (he was actually
Wāka Nene and his brother Eruera Maihi Patuone were wearing civilian clothing).[55]
accepting of the Governor.[60] 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.[61]

Tamaki Waka 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.[62]

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.[63]

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. 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. [64] 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.[65][66]

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.[67]

Hobson had planned for the signing to occur on 7 February however on the morning of 6 February 45
chiefs[59] 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.[59] 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[55] or "in plain clothes, except his hat".[59] Several
hundred Māori were waiting and only Busby, Williams, Colenso
and a few other Europeans.[68]

Article Four

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 location of Waitangi within New
the bishop will be protected and supported in his Zealand.
religion – that I shall protect all creeds alike.[69]

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).[69][70]

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).[71]

First signings

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.[63] 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'.[68] Two chiefs, Marupō and Ruhe, protested strongly against the treaty as the
signing took place but they eventually signed[72] and after Marupō shook the Governor's hand, seized hold
of his hat which was on the table and gestured to put it on.[59] 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.[73]
 One of the signatories, Hōne Heke Tāmati Wāka Nene of Ngāpuhi was a
of Ngāpuhi iwi, with his wife signatory, and he also was influential
Hariata. in convincing others to sign.

Later signings

Hobson considered the signing at Waitangi to be highly significant, he noted that twenty-six of the forty-six
"head chiefs" had signed.[74] 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".[74] 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.[75] Hobson considered the initial signing at Waitangi to be the "de facto" treaty, while later
signings merely "ratified and confirmed it".[76]

To enhance the treaty's authority, eight additional copies were sent around the country to gather additional
signatures:[77][78]

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.[78]

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.[79] (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.[80] 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.[78]

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.[5]

Sovereignty proclamations

On 21 May 1840, Lieutenant-Governor Hobson proclaimed sovereignty over the whole country, (the North
Island by Treaty[81] and the South Island and Stewart Island by discovery)[82][83] 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.[84]

In Hobson's first dispatch to the British government,[85] he stated that the North Island had been ceded with
"unanimous adherence" (which was not accurate) and while Hobson claimed the South Island by discovery
based on the "uncivilised state of the natives", in actuality he had no basis to make such a claim.[86]
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,[87] two days after the proclamation on 23 May 1840, Hobson declared the settlement's
government as illegal.[88] Hobson also failed to report to the British government that the Māori text of the
treaty was substantially different from the English one (which he might not have known at the time) and
also reported that both texts had received 512 signatures, where in truth the majority of signatures had been
on the Māori copies that had been sent around the country, rather than on the single English copy.[89]
Basing their decision on this information, on 2 October 1840, the Colonial Office approved Hobson's
proclamation. They did not have second thoughts when later reports revealed more detail about the
inadequacies of the treaty negotiations, and they did not take issue with the fact that large areas of the North
Island had not signed. The government had never asked for Hobson to obtain unanimous agreement from
the indigenous people.[76]

Extant copies
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 the government offices
at Official Bay in Auckland were destroyed by fire.[77] 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.[90]

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 a government building in
poor condition, damaged at the edges by water and partly eaten by rodents.[77] The papers were restored by
the Dominion Museum in 1913 and kept in special boxes from then on. In February 1940, the treaty
documents were taken to Waitangi for display in the Treaty House during the Centenary celebrations.[77] It
was possibly the first time the treaty document had been on public display since it was signed.[90] 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.[77] From 1977 to 1980, the library extensively restored the
documents before the treaty was deposited in the Reserve Bank.[77]

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.[77] It was announced in 2012 that the nine Treaty of
Waitangi sheets would be relocated to the National Library of New Zealand in 2013.[91] 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.[92]

Treaty text, meaning and interpretation

English text

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.[93]

The treaty itself is short, consisting of a preamble and three articles.[93]

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". It also specifies that Māori will sell land only to the Crown (Crown pre-
emption). The third article guarantees to all Māori the same rights as all other British subjects.[93]

Māori text

(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.[94]

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).[95][96] 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
kāwanatanga (governorship or government). 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.

Differences

The English and Māori texts differ.[97] 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[8][9]

The differences between the two texts have made it difficult to

interpret the treaty and continues 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 Manuscript copy of the Treaty of
(chieftainship) not mana (leadership) (which was stated in the Waitangi (in Māori) in the hand of
Declaration of Independence just five years before the treaty was Henry Tacy Kemp
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".[98]

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.[99] 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".[99] 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.[100] 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.[101]

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.[102][103][104] 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.[105] 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".[106] Many Māori apparently believed that they were simply giving the British Queen first offer on
land, after which they could sell it to anyone.[107][106] 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.[108]

Based on these differences, there are many academics argue that the two versions of the treaty are distinctly
different documents they refer to as "Te Tiriti o Waitangi" and "The Treaty of Waitangi",[109][110] and that
the Māori text should take precedence, because it was the one that was signed at Waitangi and by the most
signatories.[111] 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.[112]

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 the written
words of the treaty document.[113] 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.[18]

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, also 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 [of England], but the substance of the land will remain with
us). Nopera later reversed his earlier statement – feeling that the substance of the land had indeed gone to
the Queen; only the shadow remained for the Māori.[114]
Role in New Zealand society

Effects on Māori land and rights (1840–1960)

Colony of New Zealand

In November 1840 a royal charter was signed by Queen Victoria,[115] establishing New Zealand as a
Crown colony separate from New South Wales from 3 May 1841.[84][116] 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.[117] 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,[118][119] 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...
[51]

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.[120] 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.[121] The 1852 Constitution Act also included provision for "Māori
districts",[122] 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.[123]
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.[124] 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".[125] In 1861, Governor Grey agreed to consult the ministers in relation to native
affairs,[125] 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.[126][127] From then on,
the elected ministry, lead by the Premier, controlled the colonial government's policy on Māori land.[126]

Right of pre-emption

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.[128]

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.[129] Māori were eager to sell land,
and settlers eager to buy.[129]
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.[129] 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.[130] Hobson created a group of "Protectors of the
Aborigines"; officials specifically appointed to verify owners, land boundaries, and sales.[131] Lack of
funds often prevented land deals at this time, which created discontent among those who were willing but
unable to sell.[105] 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.[132] 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.[105] FitzRoy was sympathetic to their pleas and decided to waive the pre-emption clause in 1844,
allowing land sales directly to individuals.[133]

New Zealand Wars and land sales

The growing disagreement over British sovereignty of the country led to several armed conflicts and
disputes beginning in the 1840s,[134] 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).[135]

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.[136] The treaty was used to justify the idea that the
chiefs of Waikato and Taranaki were rebels against the Crown.[137]

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.[138] 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".[139] 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.[139] 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.[140][141] 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).[129][142] 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.[129] Soon Māori became disillusioned and less willing to sell, while the
Crown came under increasing pressure from settlers wishing to buy.[129] 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.[129] 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.[143] 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.[144]
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)[145] to discuss the treaty and
land for a month at Mission Bay, Kohimarama, Auckland. This
became known as the Kohimarama Conference,[146] 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.[147] Those at the
conference reaffirmed the treaty and the Queen's sovereignty and
suggested that a native council be established, but this did not
Beach front scene at Kohimarama,
occur.[148][149]
Auckland, circa 1860, with Bishop
Selwyn's Mission station where the
Native Land Court Kohimarama Conference was held.
Two waka, and a group of whare, are
The Native Land Court (later renamed the Māori Land Court) was visible in the foreground.
established under the Native Land Court Act of 1862, 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.[150] 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 in, or else lose out.[151] 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.[151] 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.[151] 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.[151]

Although the treaty had never been directly incorporated into New Zealand law,[152] its provisions were
first incorporated into specific legislation as early as the Land Claims Ordinance 1841 and the Native
Rights Act 1865.[153][154] 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.[155] This remained the legal orthodoxy until at least the 1970s.[156] 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.[157]

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.[137] 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.[137][151] Simultaneously, Māori rights over fisheries (guaranteed in article 2 of the treaty) were
similarly degraded by laws passed in the late 19th century.[151][158]

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.[159] 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.[160]

Treaty House and revival

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.[161] 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.[162] 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.[163] Popular histories of New Zealand and the treaty
often claimed that the treaty was an example of British benevolence
and therefore an honourable contract.[164] Even though Māori
continued to challenge this narrative,[165] 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 Lord and Lady Bledisloe announce
movement.[163] the gift of land and Treaty House at
Waitangi to the nation in 1932

Resurgence and place in New Zealand Law

(1960–present)

The Waitangi Day Act of 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.[166]

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".[167] 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.[167]
The protest movement can be seen as part of the worldwide civil rights movements, which emerged in the
1960s.[168]

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.[169] The Act was amended in
1985 to enable it to investigate Treaty breaches back to 1840,[169] and also to increase the Tribunal
membership. The membership was further increased in another amendment in 1988.[170]

Principles of the Treaty of Waitangi

The treaty was incorporated in a limited way into New Zealand law by the State Owned Enterprises Act
1986. Section 9 of the act said "Nothing in this Act shall permit the Crown to act in a manner that is
inconsistent with the principles of the Treaty of Waitangi".[171] The government had proposed a transfer of
assets from former Government departments to state-owned enterprises, but because the state-owned
enterprises were essentially private firms owned by the government, there was an argument that they would
prevent assets which had been given by Māori for use by the state from being returned to Māori by the
Waitangi Tribunal and through Treaty settlements.[172] The Act was challenged in court in 1987, and the
judgement of New Zealand Maori Council v Attorney-General defined the "Principles of the Treaty" and
the proposed sale of government assets was found to be in breach of this proviso. This allowed the courts to
consider the Crown's actions in terms of compliance with the treaty and established the principle that if the
treaty is mentioned in strong terms in a piece of legislation, it takes precedence over other parts of that
legislation should they come into conflict.[171] The "Principles of the Treaty" became a common topic in
contemporary New Zealand politics,[173] and in 1989, the Fourth Labour Government responded by
adopting the "Principles for Crown Action on the Treaty of Waitangi" a similar list of principles to that
established in the 1987 court case.[174]

Legislation after the State Owned Enterprises case has followed suit in
giving the treaty an increased legal importance.[170] In New Zealand Maori
Council v Attorney General (1990) the case concerned FM radio frequencies
and found that the treaty could be relevant even concerning legislation
which did not mention it and that even if references to the treaty were
removed from legislation, the treaty may still be legally relevant.[175][176]
Examples include the ownership of the radio spectrum and the protection of
the Māori language.[175][176]

Bill of Rights

Some have argued that the treaty should be further incorporated as a part of
the New Zealand constitution, to help improve relations between the Crown, Winston Peters (founder of
Māori and other New Zealanders.[177] The Fourth Labour Government's the New Zealand First
Bill of Rights White Paper proposed that the treaty be entrenched in the New Party), who has
Zealand Bill of Rights Act 1990. This proposal was never carried through to campaigned for the
the legislation, with the attitude of many Māori towards it "suspicious, removal of references to
the Treaty of Waitangi from
uneasy, doubtful or undecided".[170] Many Māori were concerned that the
New Zealand Law
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.[178] 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.[170]

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".[179][180][181] 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.[182][183][184][185]

Public opinion
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.[186] 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.[187]

Today, the treaty is still not specifically part of New Zealand domestic law, but has been adopted into
various acts of parliament ad hoc.[11] It is nevertheless regarded as the founding document of New
Zealand.[12][188]

Waitangi Tribunal claims

During the early 1990s, the government began to negotiate settlements of
historical (pre-1992) claims. As of September  2008, there were 23 such
settlements of various sizes, totalling approximately $950  million.[190]
Settlements generally include financial redress, a formal Crown apology for
breaches of the treaty, and recognition of the group's cultural associations
with various sites.[10]
The tribunal has, in some cases, established that the
claimants had not given up sovereignty,[191] and there are ongoing
discussions with regards to the applicability of land seized in conflicts and
obtained through Crown pre-emption.[192] However, the Tribunal's Reverse of a 1990 one dollar
findings do not establish that the Crown does not have sovereignty today, coin commemorating the
since the Crown has de facto sovereignty in New Zealand regardless and sesquicentenary of the
the Tribunal has no authority to rule otherwise. Treaty Settlements minister Treaty of Waitangi. Using a
Chris Finlayson emphasised that: "The Tribunal doesn't reach any different design a much rarer
conclusion regarding the sovereignty the Crown exercises in New Zealand. New Zealand crown
Nor does it address the other events considered part of the Crown's commemorative coin was
acquisition of sovereignty or how the Treaty relationship should operate also minted in 1935.[189]
today".[193] Recommendations of the Tribunal are not binding on the
Crown, but have often been followed.[10]

Commemoration

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,[194] when the site of the original signing, Treaty House, was
made a public reserve (along with its grounds).[67] However, it was not until 1974 that the date was made a
public holiday.[195][196] 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.[197][198] The anniversary is officially commemorated at the Treaty
House at Waitangi, where it was first signed.[67]

Commemorative stamps

In 1940, New Zealand issued a 21 ⁄2 d stamp recognising the centenary of the treaty.[199]

New Zealand Post issued a miniature sheet of two stamps in 1990 to commemorate the 150th anniversary
of the signing of the treaty.[200]

Another miniature sheet was issued in 2015 to mark the 175th anniversary. The $2.50 sheet showed the
figures of Tamati Waka Nene and William Hobson shaking hands.[201]

See also
Constitution of New Zealand
Te Ture Whenua Māori Act 1993 / Māori Land Act 1993
Declaration of the Independence of New Zealand / He Whakaputanga

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External links
Information about the treaty (http://www.nzhistory.net.nz/category/tid/133) at nzhistory.net.nz
Treaty of Waitangi site (http://archives.govt.nz/exhibitions/treaty) at archives New Zealand
Comic book explaining the treaty (https://thespinoff.co.nz/atea/06-02-2019/te-tiriti-o-waitangi-
the-comic-book-2/) used in New Zealand schools

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