10. What does the official English text of the Treaty of Waitangi say?
The following version of the Treaty of Waitangi is taken from the first schedule to the Treaty of Waitangi Act 1975. This “royal style” composite version, that was put together by Hobson's secretary James Stuart Freeman, resembles the rough draft notes of Busby’s rejected February 3 draft, which omitted a reference in Article 2 to “all the people of New Zealand”.
Preamble
HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty's Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized 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 authorize 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.
W HOBSON
Lieutenant Governor.
Now therefore We the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof: in witness of which we have attached our signatures or marks at the places and the dates respectively specified.
Done at Waitangi this Sixth day of February in the year of Our Lord One thousand eight hundred and forty.
Freeman sent this version to the New South Wales Governor Sir George Gipps on February 8, and sent a further “certified copy” composite version, with three printed Maori copies, to Gipps on February 21. That version, with its grandiose language and inclusion of the words “pre-emption”, “Lands and Estates”, “Forests”, and “Fisheries”, gradually supplanted the Maori text. Only 39 chiefs signed this English language version, some at Waikato Heads in March and April 1840, and at Manukau on April 26 that year, for no other reason than a Maori text was not available. Sharp-eyed readers will note that, strictly speaking, this version was not “done at Waitangi this Sixth day of February”, as the postscript reads, because the only treaty signed that day was the Maori text. At 568 words, this so-called official English text is much wordier than either the Busby document or Te Tiriti, with the term “right of preemption” not translated and probably untranslatable.