The Waitangi Treaty & The New Zealand Wars
Much of the rest of this comes from Wikipedia to whom I give attribution and thanks. The highlights are mine;
The Treaty of Waitangi (Māori: Te Tiriti o Waitangi) is a treaty first signed on 6 February 1840 by representatives of the British Crown and Māori chiefs from the North Island of New Zealand. It is a document of central importance to the history and political constitution of the state of New Zealand, and has been highly significant in framing the political relations between New Zealand's government and the Māori population.
The Treaty was written at a time when British colonists were pressuring the Crown to establish a colony in New Zealand, and when some Māori leaders had petitioned the British for protection against French forces. 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 to ensure that when the declaration of British sovereignty over New Zealand was made by Lieutenant Governor William Hobson in May 1840, the Māori people would not feel that their rights had been ignored. Once it had been written and translated, it was first signed by Northern Māori leaders at Waitangi, and subsequently copies of the Treaty were taken around New Zealand and over the following months many other chiefs signed. Around 530 to 540 Māori, at least 13 of them women, signed the Treaty of Waitangi, despite some Māori leaders cautioning against it. An immediate result of the Treaty was that Queen Victoria's government gained the sole right to purchase land. In total there are nine signed copies of the Treaty of Waitangi including the sheet signed on 6 February 1840 at Waitangi.
The text of the Treaty includes a preamble and three articles. It is bilingual, with the Māori text translated from the English. Article one of the English text cedes "all rights and powers of sovereignty" to the Crown. Article two 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. However, the English text and the Māori text differ, particularly in relation to the meaning of having and ceding sovereignty. These discrepancies led to disagreements in the decades following the signing, eventually culminating in the New Zealand Wars.
During the second half of the 19th century, Māori generally lost control of the land they had owned, some through legitimate sale, but often due to unfair land deals or outright seizure in the aftermath of the New Zealand War. 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 were responsive 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 Waitangi Tribunal was established as a permanent commission of inquiry tasked with interpreting the Treaty, researching breaches of the Treaty by the British Crown or its agents, and to suggest means of redress. In most cases, recommendations of the Tribunal are not binding on the Crown, but settlements totaling almost $1 billion have been awarded to various Māori groups. (Bob: One person on a tour that we attended while in New Zealand posed the interesting question " If it was the British who stole the land from the Maoris in the first place why was it not the British Goverment instead of the New Zealand Government, who paid the reparations?") Various legislation passed in the later part of the 20th century has made reference to the Treaty, but the Treaty has never been made part of New Zealand municipal law. Nonetheless, the Treaty is regarded as the founding document of New Zealand.
Waitangi Day was established as a national holiday in 1974 and commemorates the date of the signing of the Treaty.
Drafting 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. 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).
The entire Treaty was prepared in four days, in which it underwent many revisions. There were doubts even during the drafting process that the Māori chiefs would be able to understand the concept of relinquishing 'sovereignty'.
Realising that a treaty in English could not be understood, debated or agreed to by Māori, Hobson instructed missionary Henry Williams and his son Edward Marsh Williams, who was more proficient in Te Reo, the Māori language, to translate the document, and this was done overnight on 4 February. 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. 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. 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.
Signing the Treaty - On 5 February 1840 the original English version treaty and its translation into Māori were put before a gathering of northern chiefs inside a large marquee on the lawn in front of Busby's house at Waitangi. Hobson read the Treaty aloud in English and Williams read his Māori version. Māori chiefs (rangatira) then debated the Treaty for five hours, much of which was recorded and translated by the Paihia missionary station printer, William Colenso. 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. 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, Tamati Waka Nene and his brother Eruera Maihi Patuone were accepting of the Governor. Hōne Heke said:
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. He left after the initial discussions and was not present when the chiefs signed.
For Māori chiefs, the signing at Waitangi would have needed a great deal of trust. Nonetheless, 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. Māori at the signing were further encouraged by English Missionaries, who believed that British regulation would be invaluable to the future welfare of Māori as European settlers continued to arrive.
Afterward, 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.
Hobson had planned for the signing to occur on 7 February however on the morning of 6 February, 45 chiefs 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. 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 or "in plain clothes, except his hat". 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. As each chief signed, Hobson said "He iwi tahi tātou", meaning "We are [now] one people". Two chiefs, Marupō and Ruhe, protested strongly against the Treaty as the signing took place but they eventually signed and after Marupō shook the Governor's hand, seized hold of his hat which was on the table and gestured to put it on.
TEXT (ENGLISH)OF THE TREATY
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 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 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 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.
TEXT (MAORI) OF THE TREATY
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.
NEW ZEALAND WARS- were a series of armed conflicts that took place in New Zealand from 1845 to 1872 between the New Zealand government and the Māori. Until at least the 1980s, European New Zealanders referred to them as the Māori wars; the historian James Belich was one of the first to refer to them as the "New Zealand wars",
Though the wars were initially localised conflicts triggered by tensions over disputed land purchases, they escalated dramatically from 1860 as the government became convinced it was facing united Māori resistance to further land sales and a refusal to acknowledge Crown sovereignty. The colonial government summoned thousands of British troops to mount major campaigns to overpower the Kīngitanga (Māori King) movement and also acquire farming and residential land for British settlers. Later campaigns were aimed at quashing the so-called Hauhau movement, an extremist part of the Pai Mārire religion, which was strongly opposed to the alienation of Māori land and eager to strengthen Māori identity.
At the peak of hostilities in the 1860s, 18,000 British troops, supported by artillery, cavalry and local militia, battled about 4,000 Māori warriors in what became a gross imbalance of manpower and weaponry. Although outnumbered, the Māori were able to withstand their enemy with techniques that included anti-artillery bunkers and the use of carefully placed pā, or fortified villages, that allowed them to block their enemy's advance and often inflict heavy losses, yet quickly abandon their positions without significant loss. Guerilla-style tactics were used by both sides in later campaigns, often fought in dense bush. Over the course of the Taranaki and Waikato campaigns, the lives of about 1,800 Māori and 800 Europeans were lost, and total Māori losses over the course of all the wars may have exceeded 2,100.
Violence over land ownership broke out first in the Wairau Valley in the South Island in June 1843, but rising tensions in Taranaki eventually led to the involvement of British military forces at Waitara in March 1860. The war between the government and Kīngitanga Māori spread to other areas of the North Island, with the biggest single campaign being the invasion of the Waikato in 1863–1864, before hostilities concluded with the pursuits of warlord Riwha Tītokowaru in Taranaki (1868–1869) and guerrilla fighter Te Kooti Arikirangi Te Turuki on the east coast (1868–1872).
Although Māori were initially fought by British forces, the New Zealand government developed its own military force, including local militia, rifle volunteer groups, the specialist Forest Rangers and kūpapa (pro-government Māori). The government also responded with legislation to imprison Māori opponents and confiscate expansive areas of the North Island for sale to settlers, with the funds used to cover war expenses—punitive measures that on the east and west coasts provoked an intensification of Māori resistance and aggression.
AFTERMATH
Large areas of land were confiscated from the Māori by the government under the New Zealand Settlements Act in 1863, purportedly as punishment for rebellion. In reality, land was confiscated from both "loyal" and "rebel" tribes alike. More than 16,000 km2 (6,200 sq mi) of land was confiscated. Although about half of this was subsequently paid for or returned to Māori control, it was often not returned to its original owners. The confiscations had a lasting impact on the social and economic development of the affected tribes.
The legacy of the New Zealand Wars continues, but these days the battles are mostly fought in courtrooms and around the negotiation table. Numerous reports by the Waitangi Tribunal have criticised Crown actions during the wars, and also found that the Māori, too, had breached the treaty. As part of the negotiated out-of-court settlements of tribes' historical claims the Crown is making formal apologies to tribes.
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