TE TIRITI O WAITANGI
6 February 1840
Does it Deliver for the
Maori of Aotearoa – New
Zealand?
MY KEY WISHES
 Share
dates, events, facts and
observations
 Let all present this evening make
up their minds about the Treaty
and its aftermath in the light of
these
 Assess pakeha justice
HE KUPU – KEY WORDS
English as a language cannot express
the subtle nuances of Maori: herein
lies the major problem!
 Aotearoa; Maori; iwi/hapu; Ngapuhi;
rangatira; mana; tupuna; pakeha;
 Tika; pono;

TE TAI TOKERAU
- NORTHLAND -
TE WHARE TAPU O NGAPUHI
THE SACRED HOUSE OF
NGAPUHI
Papatuanuku is the Floor
 Ranginui is the Roof
 The Supporting Poles are the Sacred
Mountains of Ngapuhi:
 Puhangatohora; Te Ramaroa; Whiria;
Panguru; Papata; Maungataniwha;
Tokerau; Rakaumangamanga;
Manaia; Tutamoe; Manganui

TE WHARE TAPU O NGAPUHI

It is within this house that the Treaty
was conceived and created

Ngā tuhituhinga tuatahi o te Tiriti o
Waitangi ko ngā moko o ngā
rangatira o Ngāpuhi!

The first signatures on the Treaty of
Waitangi are the tattoos of the chiefs
of Ngāpuhi!
TE TAI TOKERAU
- NGA IWI – THE NATIONS THE
FIVE INTER-LINKED
IWI – TE AUPOURI, TE
RARAWA, NGATI WHATUA,
NGATI KAHU, NGAPUHI
PATUONE C.1764 - 1872
PATUONE
PATUONE & SIR GEORGE
GREY
TAMATI WAKA NENE
c.1770-1871
MANAIA
WHANGAREI
PEWHAIRANGI
- BAY OF ISLANDS -
PEWHAIRANGI
- BAY OF ISLANDS -
TUATAHI: THE CONTEXT
Maori started to travel to Poikahena
(Sydney) in the 1780s-90s to
transact business and trade
 Massive trade developed
 Rangatira received by Governors as
kings demanding respect
 Missionaries arrived in Tai Tokerau –
first sermon, Christmas, 1814 –
Samuel Marsden

THE CONTEXT

Sir George Murray – First European-style
ship built in NZ. Built at Horeke, Hokianga.
(Partners: Patuone,Taonui, Gordon
Browne, Thomas Raine). Arrived Sydney
18 November 1830 on its maiden voyage.
Impounded. Sold to Thomas MacDonnell,
20 January 1831 for £1300.
Patuone/Taonui made a declaration of
support and MacDonnell an honorary
rangatira. Temporary license granted in
August 1831.
Context
16 November 1831, letter from 13
Ngapuhi rangatira to King William IV of
England.
 Reply from Viscount Lord Goderich,
Colonial Office dated 14 June 1832.
Appointment of the British Resident
announced. James Busby arrived in 1833.
 20 March, 1834, 25 rangatira chose the
flag as the flag of the Confederation of the
United Tribes of New Zealand. 21 gun
salute. Gazetted in NSW 19 August 1835.

Context



28th October 1835 Declaration of Independence
of the United Tribes of New Zealand, signed by 35
rangatira from the north and later by others
(Potatau Te Wherowhero, Tainui; Te Hapuku,
Ngati Kahungunu).
King William IV, through Lord Glenelg, Secretary
of State for War and the Colonies, accepted their
request, in a manner of speaking, couched in the
diplomatic language of the day.
Sir Richard Bourke, Governor of NSW (1831-37),
affirmed this. Sir George Gipps (1838-46) tried to
deny it as being a concoction of Busby and others.
Context
But, the fact remained. The
Declaration had been made and
accepted.
 Te Wakaminenga o Aotearoa – The
Nation of New Zealand – existed!

Te Tiriti o Waitangi

30th January 1840, invitations were
sent out inviting rangatira to
Waitangi. That sent to my greatgreat grand uncle, Nene, survives. It
reads…….
Te Tiriti o Waitangi
30th day of January, 1840
My esteemed friend:
This is my word to you once more; a ship will be arriving,
bringing a chief from the Queen of England to be a
Governor for us all. So, it is for this reason that all the
chiefs in the nation of New Zealand should assemble
here on Wednesday of this holy week to meet him.
Therefore my friend my reason is to invite you here to
Waitangi, to my home once more, to this assembly. You
too are a chief of those united as one. That is it, my
word is done. Yours, from your esteemed friend, Busby.
Te Tiriti o Waitangi
Captain William Hobson. H.M.S. Herald
There was no previous model anywhere:
the text was written in English over 4 days
(James Freeman and James Busby) and
translated overnight by Rev. Henry
Williams into Maori. First problem.
 'I certify that the above is as literal a
translation of the Treaty of Waitangi as
the idiom of the language will allow.'
 i.e. My command of Maori is very poor but
I am doing my best!


Te Tiriti o Waitangi


5th February 1840, the rangatira assembled for a
two-day event. Pakeha expected it would be all
over quickly and gifts would be given out. They
were in for a shock!
What was explained to rangatira and the Maori
version created a different understanding: what
the chiefs thought they were signing and
choosing is not what they ended up with! Maori
did not respect bits of paper: they respected
verbal assurances as a matter of honour and
mana. Kanohi ki kanohi!
Te Tiriti o Waitangi
Ko te Tuatahi
 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.
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.
Te Tiriti o Waitangi
Key words: kawanatanga; rangatiratanga
and taonga. The British thought Maori had
ceded sovereignty: Maori maintained they
had not!
 There was a powerful, general mood not to
sign. There was the matter of land sales.
 The great oratory of Heke, Nene and
Patuone changed the mood. WHY?
 It was too late! Pakeha were there to stay:
goods, technology, systems, crops,
agriculture = desirability.

Te Tiriti o Waitangi
The coming of the pakeha had been
foretold –Te Matapo; Te Maoi
 The chiefs adjourned to discuss the Treaty
and were scheduled to return on Friday,
7th February 1840.
 Impassioned discussion took place at
night around the fire in the Maori way:
pakeha were surprised: morning of 6
February, 1840, the chiefs indicated they
were ready to sign so they could return
home to more important business!

Te Tiriti o Waitangi
On the day, 45 chiefs signed and by
the end of 1840, 500 had done so
including 13 women, rangatira in
their own right. There were 9 copies
in all. In October, 1840, the official
English and Maori versions were sent
to the Colonial Office in London.
 Waitangi was the only place where
any explanation was given!

Te Tiriti o Waitangi
The Treaty was never ratified by Britain
and ignored in New Zealand until c.1975.
 Nene said: “Pakeha are a very lying race!”
 Successive NZ governments used
legislation to trample Maori rights further
and there were endless breaches.
 The British Government totally ignored
Maori concerns and grievances and has
never repaired the damage.

Te Tiriti o Waitangi
1841 Land Claims Ordinance (unused land to the
Crown)
 1844 private land sales
 1846 Protectorate Department abolished
 1852 Constitution Act (21 plus males with title to
land)
 1859 illegitimate land sales (Teira)
 1863 Native Lands Act (individualised title; free
sales)
 1863 Suppression of Rebellion Act
 1864 Native Reserves Act (settler control of
reserved Maori land)

Te Tiriti o Waitangi








1865 Native Land Court (proofs required; agents)
Judge Fenton – he tangata kino; he kuare!
1866 Oyster Fisheries Act (land loss)
1867 Maori Representation Act (4 MPs)
1867 Native Schools Act (assimilate)
1871 all instruction in English
1877 Judge Prendergast: Treaty a simple nullity!
1879 amendments to simplify settlers obtaining
Maori land
1879 Peace Preservation Act (I year hard labour
for Maori who refused orders to relocate)
Te Tiriti o Waitangi
1880 Maori Prisoners’ Act (200 Taranaki prisoners
trying to prevent survey of confiscated lands)
 1880 West Coast Settlement Act (2 years hard
labour for opposing or hindering surveys for
settlement)
 1881 Natives Reserves Act (control of reserves
vested in the Public Trustee)
 1881, 2500 troops invade Parihaka to arrest Te
Whiti
 1886 Native Lands Administration Act (land to
trustees who could sell it)
 1893 Land Purchase Act (speed up sales)

Te Tiriti o Waitangi






1894 Advances to Settlers Act (loans to
pakeha to buy land from the government)
1894 Native Land Court Act (names on
title as owners)
Validation of Invalid Land Sales Act
1894 Land Settlement Act (control under
land councils with no Maori members)
1897, 92 Maori arrested in Taranaki for
protesting
1903, Prendergast’s 1877 ruling upheld
Te Tiriti o Waitangi
Endless legislation discriminated against
Maori: 2004 Foreshore and Seabed Act
(removes any Maori right of challenge.
Vests full legal and beneficial ownership in
the Crown: Maori rights are extinguished
forever, without consent, investigation or
consultation.
 1975 Waitangi Tribunal: Government not
obliged to listen.
 Cases for compensation are still within the
consideration of the Tribunal. Few have
been settled.

Te Tiriti o Waitangi




Some Key Points: English Common Law applied to
Maori with the signing of the Treaty. Native Title
can only be extinguished under statute with the
full and free consent of the owners. Such consent
was never given!
In Tamaki v. Baker, the Privy Council rejected the
argument that there was no Maori customary law
and pointed out that many existing statutes in
New Zealand specifically mention it.
RV Symonds: Chapman J – “indigenous title is
entitled to be respected, that it cannot be
extinguished otherwise than by the free consent
of the native occupiers”.
Arani v. Public Trustee: Lord Philamore ruled that
Maori Customary law enjoyed legal status in the
European Courts.
Te Tiriti o Waitangi
Deadline for claims! 28 September 2008!
To Maori, especially Ngapuhi, the mana of
our tupuna has been trampled endlessly
and for this, there is a price to pay: in
Maori, HE UTU.
 Tragedies: visited upon many pakeha
involved in the processes - accidental
deaths, disease, curses, suicide, murder,
strange accidents.
 1953 Tangiwai Disaster (152 dead)
 1963 Bynderwyn Bus Crash (15 dead)


DATES AND YEARS
244 years since the birth of Patuone
 173 years since the Declaration
 168 years since the Treaty
 136 years since the death of Patuone

LAND LOSS
 In
1840, Maori owned
66,400,000 acres of land
 In 1891 it was 11,079,486 acres
 In 1975 it was 3,000,000 acres
HE WHAKAMUTUNGA!
WE SHOULD ALL REMEMBER:
 Justice and the struggle for justice
have no expiry date!
 History is a progression, both of key
events and lessons: we need to
remember the first and learn the
second!
 As Maori we represent continuity –
past-present and future!
HE WHAKAMUTUNGA!
Remember those ancient tohunga
matakite, those seers? They also said
this:
“When those others are at the point
of destroying our world, then they
will come looking for us for they will
have forgotten how to save it! We
and our descendants will remember!
Only then will they truly honour us!”
HE WHAKAMUTUNGA!
This is a plea, an affirmation made on
behalf of all those indigenous
peoples of the earth, who have
suffered and who continue to suffer
at the hands of world powers and
their agendas
 Kei hea te ture? E tatari mai ana!

Nga mihi ano ki a
koutou katoa!
He waiata na Benjamin maua
ko te whanaunga rangatira,
ko Moeroa Tiatoa
Kei Waenganui i te Awatea