7. How did a treaty come about?

Captain William Hobson, who had transported convicts to Australia, visited the Bay of Islands in HMS Rattlesnake in 1837. After a month in New Zealand, Hobson recommended that British sovereignty should apply to areas where British commercial enterprises could be established, with taxes levied and British law applying to those living there. He thought some sort of treaty might be necessary to gain Maori permission. At that time, around 2000 Europeans and 70,000 Maori lived in New Zealand. After returning to England, Hobson was dispatched to New Zealand to get the chiefs to consent to a treaty with Britain. Departing from Britain in August 1839, he arrived in the Bay of Islands on January 29, 1840, aboard HMS Herald, and set in motion a chain of events that resulted in the Treaty of Waitangi in which chiefs ceded sovereignty to Queen Victoria in return for becoming British subjects.

8. What is the Treaty of Waitangi?

The Treaty of Waitangi is a document signed in New Zealand in 1840 by 512 chiefs which records an agreement in which the Queen of Great Britain is sovereign and the Maori people of New Zealand are her subjects, with the rights of subjects, including possession of property. Nine copies were signed at 34 locations around New Zealand between February 6 and June 17, 1840. Only 39 chiefs signed the English language version.

9. What does the Treaty of Waitangi say?

The treaty was drafted in English and translated into Maori. Therefore, the meaning and intent of the treaty is clear in the English. Because chiefs mainly signed the Maori text, it makes sense to use the English text that is closest to the Maori, although the official English text carries the same fundamental meaning using a number of extra words, phrases and concepts. The texts herein are James Busby’s February 4 text and Te Tiriti. The four variations between the texts are underlined – two in the preamble, one in article three, and the date at the bottom:

Busby February 4, 1840, draft (the Littlewood treaty)

Her Majesty Victoria, Queen of England in her gracious consideration for the chiefs and people of New Zealand, and her desire to preserve them their land and to maintain peace and order amongst them, has been pleased to appoint an officer to treat with them for the cession of the Sovreignty [sic] of their country and of the islands adjacent to the Queen. Seeing that already many of Her Majesty’s subjects have already settled in the country and are constantly arriving: And that it is desirable for their protection as well as the protection of the natives to establish a government amongst them.

Her Majesty has accordingly been pleased to appoint me William Hobson a captain in the Royal Navy to be Governor of such parts of New Zealand as may now or hereafter be ceded to Her Majesty and proposes to the chiefs of the Confederation of United Tribes of New Zealand and the other chiefs to agree to the following articles.-

Article first

The chiefs of the Confederation of the United Tribes and the other chiefs who have not joined the confederation, cede to the Queen of England for ever the entire Sovreignty [sic] of their country.

Article second

The Queen of England confirms and guarantees to the chiefs and the tribes and to all the people of New Zealand, the possession of their lands, dwellings and all their property. But the chiefs of the Confederation of United Tribes and the other chiefs grant to the Queen, the exclusive rights of purchasing such lands as the proprietors thereof may be disposed to sell at such prices as may be agreed upon between them and the person appointed by the Queen to purchase from them.

Article third

In return for the cession of their Sovreignty [sic] to the Queen, the people of New Zealand shall be protected by the Queen of England and the rights and privileges of British subjects will be granted to them.

Signed, William Hobson

Consul and Lieut. Governor.

Now we the chiefs of the Confederation of United Tribes of New Zealand assembled at Waitangi, and we the other tribes of New Zealand, having understood the meaning of these articles, accept them and agree to them all. In witness whereof our names or marks are affixed. Done at Waitangi on the 4th of February, 1840.[1]

Te Tiriti o Waitangi Maori language translation February 5, 1840

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

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

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

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.[2]

As you can see from these texts, all the treaty says is that the Queen obtains sovereignty (first article), and Maori become her subjects, equal to Britons, and possessing all the rights and liberties of British subjects (third article), including of course the continued possession of their lawful property (second article). Also included is the Crown's sole right to buy land. Notice also that the preamble expresses a desire to extend protection to the settlers who are constantly arriving and to “the natives”. Te Tiriti has 480 words. Busby’s text has 375 words.

A crucial point about the second Article is that all those “taonga” belong indisputably to everyone, and were not limited to a poorly defined group of tribesmen. In this Article, “the Queen of England confirms and guarantees to the chiefs and the tribes and to all the people of New Zealand (tangata katoa o Nu Tirani), the possession of their lands, dwellings and all their property (taonga).” The phrase “all the people” means “all the people” no more, no less, and includes Maori and settlers. By contrast in Article third, when referring specifically to Maori, the text says “all the Maori people of New Zealand” (tangata maori katoa o Nu Tirani).

Confirmation of property ownership had implications for land-owning settlers in 1840 as well as for Maori. Before 1840 any non-Maori property owners, those who had received land in return for gifts of merchandise and access to the new economy, would hold land under the auspices of the chief the settler had done the deal with. That chief could repossess that land at any time for any reason. After the treaty, all pre-1840 land purchases were investigated and the Crown issued title to whatever area confirmed by the investigation. With title derived from the Crown, no longer would ownership be subject to the whim of the local chief.

Article second includes the word “taonga”, a word that in 1840 meant “possessions” or “property acquired at the point of a spear”. It is the 1840 meaning that must be used in understanding the treaty. But in the late 20^th century, the meaning of “taonga” had been broadened to mean “a treasure” or “anything treasured”, and was used to extend the treaty to anything that was not specifically included in the treaty, such as Maori language, culture, or radio spectrum.

U.S Consul, James Clendon, on February 20, 1840, sent to the United States a transcription of the Busby February 4 draft that he described as a “translation”, plus a copy of the treaty, in Maori, plus a covering letter. The only difference between the Clendon transcription and the Busby February 4 document is that the last line reads “Done at Waitangi on the Sixth day of February in the year of our Lord One Thousand Eight Hundred & Forty”, instead of the “Done at Waitangi on the 4th Feb. 1840”.

[1] End of the golden gravy train, Investigate Magazine, January 2004. http://www.investigatemagazine.com/jan4treaty.htm

[2] The Treaty of Waitangi, Claudia Orange, Bridget Williams Books, 1987, p257