WHY A TREATY...recounted by Ross Baker, Historian.
Many books written as to why New Zealand needed a treaty are so complicated and
in many cases biased that few take the time to read all these and extract the
facts. If we are to understand the Treaty, then first we must understand why it
was instigated and by whom.
For ten years prior to the Treaty,
the Missionaries had tried to encourage the Maoris to form their own independent
government and state, but the chiefs, as always, could not agree between themselves
and in the end it became evident that New Zealand must become a British Colony
under British Sovereignty if the Maoris were to survive.
(From 1814, Samuel
Marsden, one of the first missionaries in New Zealand, gave the Maoris an introduction
to the British Government by inviting them to Australia. Some even remained to
obtain an education. The Maoris knew of the British Government in these early
times. Some worked on British and foreign ships as crew. Ngapuhi chief Hongi made
a trip to England in 1820 to meet the King. On his return to New Zealand he stopped
off in Australia and traded all the gifts the King had given him on 300 muskets
and then initiated a ten year period of warfare and cannibalism on his fellow
countrymen, slaughtering thousands for no apparent reason).
Cook's three exploratory voyages (commencing) in the 1760's and the establishment
of a British penal colony in Australia, trade and Christianity came to New Zealand.
British, French and American vessels began visiting New Zealand harbours in the
late 18th century to refresh and refit. From the early 1800's commercial trading
started in New Zealand with timber, flax, shore whaling, ship building and general
trade with the Maoris and non-Maoris who had established themselves in New Zealand.
By the 1830's the coast was dotted with trade settlers as well as several missionaries
who had also purchased land and set up home. However, after 1830 purchases of
land grew until there were quite large acreages of land owned by non-Maori. By
1839 there were 2000 permanent settlers, 28 onshore fisheries and many commercial
ventures in flax, timber and ship building, plus general and domestic trade by
non-Maori. The capital invested in New Zealand was made known by Hobson to the
Colonial Office in his report in 1837 as well as in a letter to his wife in the
Up until 1832 the British or Imperial Government
was reluctant to intervene in New Zealand, but as more and more settlers arrived
and trade and investments expanded, the British Government felt responsible for
her people and their investments as well as the Maoris. They did pass three acts
in 1817, 1823 and 1828 in an attempt to bring law and order, but as New Zealand
was outside the British Dominion, these were unsuccessful. In 1820, after Hongi
had slaughtered many thousands of the Thames Maoris, they requested that Britain
afford them protection.
By the early 1830's trade between
New Zealand had become so intense that there could be up to 30 ships at anchor
and 1000 seamen on shore at any one time but still no law to control them or the
Maoris. The 1828 Act did empower the courts to deal with crimes by British subjects
but these had to be heard in Sydney and therefore it was difficult to get all
parties together at the same time.
While British interests
and investments continued to increase and become predominant at the time, French
and American activity was also on the increase. This worried the British as they
were beginning to build up large capital investments in New Zealand but with no
protection if New Zealand was annexed by another nation.
events sparked off Maori appeals to Britain for protection. The first in 1831
when it was rumoured that the French naval vessel La Favourite intended to annex
New Zealand to France in retaliation for the killing of Marion du Fresne and his
crew. The Maoris even discussed a letter to the King asking for his protection
but decided on placing a British flag on the mission flagstaff, reasoning that
if the French tore it down, the missionaries would appeal to Britain for protection.
After this 13 powerful northern chiefs did send a letter to the King asking him
to become their friend, guardian and protector of these islands.
LETTER OF THE 13 CHIEFS.
(Enclosure 2 in No. 1.)
From WILLIAM YATE, Esq., to the COLONIAL-SECRETARY,
New South Wales.
I have the honour to forward to you, by His Majesty's
ship "Zebra" the enclosed New Zealand document, with its translation,
and the request that it be transmitted through His Excellency to the Secretary
of State, in order to its being laid before His Majesty.
I have, & c.,
(Signed) WILLIAM YATE
(Enclosure 3 in No. 1.)
WILLIAM, the gracious CHIEF OF ENGLAND.
We, the chiefs of
New Zealand assembled at this place, called the Kerikeri, write to thee, for we
hear that thou art the great chief of the other side of the water, since the many
ships which come to our land are from thee.
We are a people without possessions.
We have nothing but timber, flax, pork and potatoes, we sell these things however
to your people then we see property of the Europeans. It is only thy land which
is-liberal towards us. From thee also come the missionaries who teach us to believe
on Jehovah God and on Jesus Christ His Son.
We have heard
that the tribe of Marian* is at hand coming to take away our land, therefore we
pray thee to become our friend and the guardian of these islands, lest the teazing
of other tribes should come near us, and lest strangers should come and take away
And if any of thy people should be troublesome
and vicious towards us (for some persons who are living heree who have run away
from the ships,) we pray thee to be angry with them that they may be obedient,
lest the anger of the people of this land fall upon them.
letter is from us, of the chiefs of the natives of New Zealand.
is a literal translation of the accompanying document.
Secretary to the Church Missionary Society, New Zealand.
1 Wareahi. Chief of Paroa.
2 Rewa.- Chief of Waimate.
3 Patuone ) Two
brothers, chiefs of
4 Nene ) Hokianga
5 Kekeao Chief of tile Ahuahu.
6 Titore Chief of Kororaika.
7 Tamoranga Chief of Taiamai.
8 Ripe Chief
9 Hara Chief of Ohaiwai.
10 Atuahaere Chief of Kaikohe.
11 Moetara Chief of Pakanai.
12 Matangi Chief of Waima.
13 Taunui Chief
a very interesting document and gives a true indication of the feelings of the
Maoris in New Zealand in 1831.
The second (event) was when the Ngati Toa of
Kapiti conspired with the English captain of the Elizabeth to raid and kill members
of the Ngati Tahu of the South Island. The culprits avoided punishment due to
the uncertainties regarding British subjects in New Zealand. Northern Maoris were
disturbed by the alliance of the Maoris and the British, fearing it could set
a precedence for their enemies. These events and the calls of the settlers persuaded
the Colonial Office to appoint a British Resident to New Zealand, not only to
bring law, order and protection to the people, but also to British trade and investment
from a foreign invasion.
There was also a threat from Baron
Charles Philippe Hippolyte de Thierry to declare a French Sovereignty over New
Zealand. He had purchased a large area of land at Hokianga and it was rumoured
that he had summoned a French warship to enforce his Sovereignty as well as a
body guard of Tahitian trained Maoris to sustain it. The French Government also
expressed interest to appoint de Thierry to the office of French Consul to New
As well as Maori appeals to Britain for protection,
there was still the memory by the settlers of the slaughter of 70 crew and passengers,
including women and children, by the Maoris when the "Boyd" arrived
in New Zealand waters in 1814.
These were just a few of the events which made
it inevitable that the British would have to have some legal control over New
Zealand for the benefit of all, especially the Maoris whose population was diminishing
so quickly now that they had the musket that it was feared they would soon disappear.
In 1832, the decision was finally
taken to appoint James Busby as Resident to New Zealand. Busby was to be an intermediary
between the races but without forces this was virtually impossible. For example,
in 1834 the Harriet went aground at Cape Egmont and some of the crew were killed
by local Maoris. The Alligator then bombarded the pa destroying canoes and killing
many Maoris in retaliation, but Busby could do little to help as he had no forces.
Faced with brawling, boundary disputes, stock losses, theft, assault and murder,
plus the never ending fighting between the tribes, Busby could do little but arbitrate.
The Maoris as well as the settlers started asking where was the protection that
they had been promised by the King with Busby's arrival.
areas of land and forests were being sold by the Maoris at this time to individual
settlers and the New Zealand Company, a company set up to purchase land from the
Maoris and later the Imperial Government, and then send out settlers from Britain
to purchase it at a profit. The Maoris were also travelling to Australia to sell
land, which in some cases they did not own, did not have the authority to sell
or sold many times over. This caused much unrest resulting in war between the
tribes with some settlers and their families being killed when they tried to claim
their purchases. For example, Kapiti Island was sold to five different buyers,
Porirua was sold to eight and Taranaki was sold, fought over, returned and bought
again so many times, it's difficult to remember. Busby's instructions were to
direct the Maoris towards a form of united Government or collective Maori Sovereignty
to stop intertribal fighting and bring law and order to all the people of New
DECLARATION OF INDEPENDENCE
1834 Busby introduced a national flag to New Zealand to give recognition to her
Sovereignty and Independent Status and to be carried by all New Zealand built
ships as well as being displayed on shore. This led to 34 chiefs signing a Declaration
of Independence in 1835 with the King giving his assurance that he would protect
the Maoris and their land as long as it was consistent with the just rights of
others and the interests of the British Subjects. If Britain wanted to formally
intervene now, the independent status of the country would have to be nullified
with the consent of the Maoris. This did give Britain an advantage as she was
now the protector and therefore would have some input into the control of law
making of the country as well as protection of her people and investments.
OF INDEPENDENCE OF NEW ZEALAND
1. We, the hereditary chiefs
and heads of the tribes of the Northern parts of New Zealand, being assembled
at Waitangi in the Bay of Islands, on this 28th day of October, 1835, declare
the Independence of our country, which is hereby constituted and declared to be
an Independent State, under the designation of the United Tribes of New Zealand.
All sovereign power and authority within the territories of the United Tribes
of New Zealand is hereby declared to reside entirely and exclusively in the hereditary
chiefs and heads of tribes in collective capacity, who also declare that they
will not permit any legislative authority separate from themselves in their collective
capacity to exist, nor any function of government to be exercised within the said
territories, unless by persons appointed by them, and acting under the authority
of laws regularly enacted by them in Congress assembled.
The hereditary chiefs and heads of tribes agree to meet in Congress at Waitangi
in the autumn of each year, for the purpose of framing laws for the dispensation
of justice, the preservation of peace and good order and the regulation of trade;
and they cordially invite the Southern tribes to lay aside their private animosities
and to consult the safety and welfare of our common country, by joining the Confederation
of the United Tribes.
4. They also agree to send a copy of
this Declaration to His Majesty the King of England, to thank Him for his acknowledgement
of their flag; and in return for the friendship and protection they have shown,
and are prepared to show, to such of his subjects as have settled in their country,
or resorted to its shores for the purposes of trade, they entreat that they will
continue to be parent to their infant State and that he will become its Protector
from all attempts upon its independence.
Agreed to unanimously on the 28th
day of October 1835, in the presence of His Britannic Majesty's Resident.
(Here follows the signatures or marks of thirty five Hereditary Chiefs or Heads
of tribes, which form a fair representation of the tribes of New Zealand from
the North Cpe to the latitude of the River Thames.
(Signed) Henry Williams, Missionary, C.M.S.
James R. Clendon, Merchant.
Gilbert Mair, Merchant.
that the above is a correct copy of the Declaration of the Chiefs, according to
translation of Missionaries who have resided ten years and upwards in the country;
and it is transmitted to His Most Gracious Majesty the King of England, at the
unanimous request of the chiefs.
(Signed) James Busby
at New Zealand
The signatures to this declaration pledged
to assemble annually to form laws for the promotion of peace, justice and trade,
but the ever present intertribal tension and fighting took precedence over political
co-operation, as always, and it was abandoned. It finally became evident that
the chiefs could never form a united working Government.
in 1837, a serious outbreak of intertribal fighting began in many parts of New
Zealand. Up until this time the Maoris had been cultivating their land and had
built up large gardens, orchards and flax plantations but had exchanged most of
the produce for muskets and powder. The temptation now was to abandon and neglect
all this and settle old scores with their rival tribes once they had sufficient
fire power. What they had achieved since the Europeans arrived was destroyed for
ever by their own hand and the will to fight.
traders, missionaries and 192 chiefs wanted more than a half hearted official
commitment represented by Busby and appealed to Britain for more effective Government.
As tribal fighting increased and the Maori population decreased, Britain had to
take more control as she had promised to protect the people and their property.
To do this, New Zealand had to become a British Colony, even although the Colonial
Office in Britain wanted only limited Government intervention, it was now evident
that the Maoris could never form a Government to bring law, order and protection
to the people of New Zealand.
For New Zealand to become a British Colony,
Britain had to obtain the Maori's consent to Sovereignty over the whole land without
For two years the Colonial Office debated the best
way to become involved in New Zealand and it was decided, but with extreme reluctance,
to send William Hobson to New Zealand to negotiate a cession of Sovereignty from
the Maoris and to set up Government to bring law, order and protection and to
investigate and settle land sales, titles and disputes.
Because of New Zealand's
isolation from Britain (half a world away at the uttermost parts of the Earth),
the extreme difficulties to shipping over such a vast distance, delays in communication,
the ever-present volatile nature of intertribal fighting, lawlessness amongst
an international mix of visitors and general unrest, Britain had only lukewarm,
reluctant interest in establishing a colony. To get some appreciation of their
attitude, see: The Treaty of Waitangi, by T. Lyndsay Buick, Thomas Avery
& Son, 1933.
It was finally decided that the best way
to accomplish this was by a treaty, if possible. To do this, first the British
had to obtain Sovereignty over the whole land, second, all Maori and non-Maori
land and property titles must be verified, third, any land the Maoris wanted to
sell must be sold only to the Queen's representative, and fourth, the Maoris must
be protected and guaranteed access to all the benefits of British civilisation
and law if they consented to the first three conditions.
HOBSON, THE QUEEN'S TREATY REPRESENTATIVE
sent William Hobson to New Zealand in 1840 to draft and sign a Treaty with the
Aboriginal Natives of New Zealand to give, as requested by them on many occasions,
a Government for law, order and mainly protection. Not only from a foreign invasion
but also from themselves as somewhere between 60,000 and 80,000 had already been
killed in the intertribal wars.
The Treaty is a very simple
document. It contains five parts, the preamble which is the main agreement setting
out the reasons for the Treaty, three short articles giving Maori the same rights
as the British subjects "inherited" when New Zealand became British
soil and the chief's consent and understanding of the Treaty. Unfortunately, the
preamble, article one and three are overlooked by today's negotiators and Government.
is a simplified summary of the Treaty which was signed on the 6th of February,
1840 at Waitangi by 46 chiefs, nine non-Maori and William Hobson.
Preamble: The main agreement setting out the reason for a Treaty and to cede Maori
sovereignty to Her Majesty.
Article 1: The Aborigines of
New Zealand to give up forever, their governorship to Her Majesty.
2: Consists of two parts.
· The Queen guarantees to
the Maori chiefs and tribes and "all the people of New Zealand" the
ownership of their taonga/ property and possessions at the time of signing. These
rights were guaranteed for long-term residents and settlers alike.
The Maoris must agree that the Queen or her representatives could purchase those
pieces of land for a price, which the rightful owner agreed and was willing to
Article 3: If the Maoris agreed to the preamble, article
one and two, then the Queen would protect them and guarantee to them all the rights
of a British subject. No more - no less.
The Consent: The
consent from the chiefs that they fully understood the meaning of the words of
the Treaty and consented to them all.
The Signing: The signing
of the Maori version of the Treaty by 46 Chiefs, nine non-Maori and Governor Hobson
at Waitangi on the 6th of February 1840 and visually witnessed by many hundred
Maori, missionaries and settlers.
After each chief signed
the Treaty, Hobson shook their hand and repeated, "He iwi tahi tatou - we
are now one people", followed by three hearty cheers from the whole gathering
and an agreement between two peoples was sealed forever.
Treaty was an agreement between two peoples having the authority and agreeing
between themselves to wide powers affecting them both. But after the Treaty was
signed the Maoris had ceded/given up forever their Sovereignty/ authority/ partnership
to the British in return for protection and one law for all people of New Zealand.
From this point on all the people of New Zealand became one people under one law,
one flag and with equal rights.
As Sir Apirana Ngata stated,
"if you think these things are wrong, then blame your ancestors when they
gave away their rights when they were strong".
claimed British Sovereignty on the 21st May, 1840 over the North Island by Treaty
and over the South Island by discovery. The Proclamations were published in the
London Gazette on October the 2nd 1840 and New Zealand became a Crown Colony.
can be seen from this Treaty, time or condition does not alter it in any way.
In "fact" it is a very simple document unless someone distorts its translation
and interpretation as is happening today which we as New Zealanders must stop.
the time of drafting the Treaty, large areas of land and forests, as well as 28
known on shore fisheries plus many general businesses were owned and operated
by non-Maori, a very large British investment. This was the reason for Hobson
changing the wording of Busby's draft in article two to include, "All the
people of New Zealand", and not just the Maoris as we are led to believe
today. It was also British policy that all British subjects and their property
would be protected wherever they settled, a point that was voiced on many occasions.
What this Treaty actually did was to advance New Zealand and its people by 1000
years to one of the most advanced societies in the world at the time. Unlike the
way in-which all other indigenous people were treated, the British took the Maoris
with them completely, with all the same rights as British subjects.
MAKING OF THE TREATY OF WAITANGI
There is no evidence that
William Hobson had any form of draft Treaty from the Colonial Office in England,
only a 4200-word brief from the Colonial Office. He had been briefed very well
by Lord Normanby in England and Governor Gipps in Australia to know what the British
Government's Colonial Office required - a cession of Sovereignty, absolute control
over all land matters and the authority to impose law, order equality and protection
on both Maori and non-Maori. On his arrival in New Zealand and with the assistance
of J. S. Freeman his secretary, he drafted some preliminary notes as a basis of
the Treaty. Hobson then became ill and the notes were delivered to Busby, now
the ex-Resident, to complete. Busby, who had no understanding of the large, detailed
brief given to Hobson by the Colonial Office, considered Hobson's notes inadequate
and drafted a Treaty himself. Although he omitted to include his own Preamble,
he "fleshed out" three adequate articles, which were longer and more
detailed than anything found in the rough notes given to him by Hobson.
draft of the 3rd of February 1840, instead of giving equal rights to both Maori
and non-Maori, as the Colonial Office had requested, only gave a guarantee to
the Maori people collectively and individually, of the full exclusive and undisturbed
possession of their lands, estates, fisheries and forests so long as they wished
to retain them. It's Consent section rambled on interminably, as he tried to incorporate
text found in Freeman's rough notes. In the final draft of the Treaty Busby's
text was severely edited and changed or, in the case of the Consent section, almost
fully eliminated. We now know this, as we can compare it to the "final draft"
of the 4th of February. Busby's rough draft was delivered to Hobson on the 3rd
of February 1840.
By the night of the 3rd of February, Hobson
had asked for and was visited by a number of missionaries, which could have included-
Henry Williams, Charles Baker, George Clarke, William Colenso and Richard Taylor,
all of the Church Missionary Society and James Butler from the Wesleyan Mission
Society. New Zealand's Chief Government Historian, Ian Wards, also mentions US
Consul, James Reddy Clendon and a missionary named A Brown as individuals who
helped and advised in the writing of the final English draft. From these meetings
on the 3rd and 4th of February, Hobson held several sets of notes, including Busby's
draft, which was the most complete to date, but still required considerable modification.
Advice on the final wording of the treaty was sought from
Henry Williams, head of the Church Mission Society and a missionary in New Zealand
a man who had a great understanding of the Maoris and their language.
It was important that there be no English words in the final draft for which there
was no equivalent in the Maori language.
On the 4th of February
1840 the final draft was written, with Busby acting as secretary. In compliance
with the detailed brief of the Colonial Office, Hobson changed the wording of
Busby's draft of the previous day to guarantee "to all the people of New
Zealand", not just the chiefs and their tribes, the possession of their lands
dwellings and all their property. This was of extreme importance, as Hobson and
his staff had sailed halfway around the world to secure rights for the family
of Queen Victoria (Ngati Wikitoria) and to set up a British Colony. Busby admitted
that changes were made to his draft of the 3rd and, although the final draft document
of the 4th was lost for 150-years, it is now back in the collection of the New
Zealand National Archives. It was found amongst private family papers in Pukekohe,
Auckland district in early 1989 by the Littlewood family, having found its way
into the care and keeping of their ancestor, Henry Littlewood, 1840's Solicitor.
This document translates perfectly to the Maori text, has been positively identified
as being in the handwriting of James Busby and is dated the 4th of February 1840.
It is also the only single "complete draft" of the Treaty in existence,
the other 12-pages of rough notes being only "work notes", with many
confusing additions and deletions. To see all the "working notes" and
the final, finished English draft CLICK HERE.
At 4pm on the
4th of February, Hobson gave Henry Williams the final draft of the Treaty to be
translated into Maori by 10am the following morning. Unfortunately, this final
draft was misplaced and, therefore, its loss from public scrutiny has allowed
many people to translate the Maori version to their advantage.
Williams and his son Edward translated the final draft from English into Maori,
thus becoming the "Treaty" that was read, discussed and signed at Waitangi.
As Hobson and Williams had discussed this final draft the night before, Williams
would have had a full understanding of it and the vital importance of an accurate
translation that could be understood by the chiefs.
on the 5th of February, while the chiefs started arriving at Waitangi, Hobson,
Williams and Busby met behind locked doors to check and finalise the accuracy
of the translation of the Treaty. At this last moment one word of the Maori text
was substituted for another at the request of Busby. They made sure it was as
true and accurate a translation of the final draft as was possible and that it
relayed, accurately, the brief given to Hobson by the Colonial Office.
midday the meeting got underway and both the final English draft of the 4th of
February and the Maori translation of the treaty completed on the 5th were read
out to the chiefs, their tribes-people and many of the settlers gathered at Waitangi.
A discussion followed lasting almost five hours. After this meeting the chiefs
assembled at the Te Tii Marae and discussed the Treaty for the rest of the day
and most of the night. As Henry Williams, who was present at this hui, recollects:
"We gave them but one version, explaining clause by clause, showing the advantages
to them being taken under the fostering care of the British Government, by which
act they would become one people with the British, in the suppression of wars,
and of every lawless act; under one Sovereignty and one law, human and divine".
meeting was to resume on the 7th of February to give the chiefs time to fully
discuss and understand the Treaty, but they could not wait until the 7th. They
had come to a decision that night that it should be concluded immediately, as
they saw it to their advantage to do so. Hobson, to his great surprise, was summoned
on the morning of the 6th and the signing commenced with the chiefs consenting
that they fully understood the words of the Treaty and that they would become
one people with one law under British Sovereignty.
version of the Treaty was signed at Waitangi on the 6th of February, 1840 by 43
chiefs, nine non-Maori and Hobson representing the Queen, plus many hundreds of
Maoris and non-Maoris as eye witnesses. As each chief signed the Treaty, Hobson
shook his hand and repeated, "He iwi tahi tatou - We are now one people",
to which they all agreed and gave three hearty cheers.
Busby's final English draft, written on the 4th of February 1840.
Majesty Victoria, Queen of England in Her gracious consideration for the chiefs
and people of New Zealand, and her desire to preserve to 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 of their country and of the
islands adjacent to the Queen. Seeing that many of Her Majestys 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 ceided to her Majesty and proposes to
the chiefs of the Confederation of the United Tribes of New Zealand and the other
chiefs to agree to the following articles.-
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
of their country.
The Queen of England confirms and
guarantees to the chiefs & 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 and the other chiefs grant
chiefs Queen, the exclusive right of purchasing such land as the
proprietors thereof may be disposed to sell at such prices as shall be agreed
upon between them and the persons appointed by the Queen to purchase from them.
In return for the cession of the Sovreignty 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.-
Consul & Lieut. Governor.
Now we the chiefs
of the Confederation of the United tribes of New Zealand being assembled at Waitangi,
and we the other chiefs of New Zealand having understood the meaning of these
articles, accept of them and agree to them all.
In witness whereof our names
or marks are affixed. Done at Waitangi on the
4th Feb. 1840.-
We know that at least four of these exact-wording renditions of the final English
draft of the Treaty existed in February-April, 1840. US Consul, James Reddy Clendon,
who, according to former Chief Government Historian, Ian Wards, had participated
in the final drafting process on the 4th of February, 1840 despatched a copy of
this text to the Secretary of State in Washington D.C. on the 20th of February,
1840 [Despatch No. 6]. Yet another copy of this final, 4th of February 1840 draft
by Busby was despatched by Antarctic explorer, Commodore Charles Wilkes on the
5th of April 1840 (his despatch number 64). Wilkes wrote out yet another copy
into the U.S.S. Vincennes' letter book, now found in the collection of the Kansas
Historical Society, Topeka, Kansas. The Littlewood Treaty document, found in 1989
is a fourth one. It is also the original, final English draft by James Busby.
Rev. Henry Williams' translation into
Maori from Busby's final draft.
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, amoa 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
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 ratou wenua.
KO TE TUARUA
Ko te Kuini o Ingarani ka wakarite ka wakaae ki
nga Rangatira ki nga hapu-ki nga tangata katoa o Nu Tirani te tino
rangatiratanga 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
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.
William Hobson Consul &
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.
T.E Young's back-translation of the Maori text into English
Victoria, Queen of England, in her kind thoughtfulness
to the Chiefs and Hapus of New Zealand, and her desire to preserve to them their
chieftainship and their land, and that peace may always be kept with them and
quietness, she has thought it a right thing that a Chief should be sent here as
a negotiator with the Maoris of New Zealand - that the Maoris of New Zealand may
consent to the Government of the Queen of all parts of this land and the islands,
because there are many people of her tribe that have settled on this land and
are coming hither.
Now the Queen is desirous to establish
the Government, that evil may not come to the Maoris and the Europeans who are
living without law.
Now the Queen has been pleased to send me, William Hobson,
a Captain in the Royal Navy, to be Governor to all the places of New Zealand which
may be given up now or hereafter to the Queen; an he give forth to the Chiefs
of the Assembly of the Hapus of New Zealand and other Chiefs the laws spoken here.
The Chiefs of the Assembly, and all Chiefs also who have not joined
the Assembly, give up entirely to the Queen of England for ever all the Government
of their lands.
The Queen of England
arranges and agrees to give to the Chiefs, the Hapus
and all the people of New Zealand*, the full chieftainship of their
lands, their settlements and their property. But the Chiefs of the Assembly, and
all the other Chiefs, gives to the Queen the purchase of those pieces of land
which the proprietors may wish, for such payment as may be agreed upon by them
and the purchaser who is appointed by the Queen to be her purchaser.
This is an arrangement for the consent to the Government of the
Queen. The Queen of England will protect all the Maoris of New Zealand. All the
rights will be given to them the same as her doings to the people of England.
Consul and Lieutenant Governor
Now, we the Chiefs of the Assembly of the Hapus of New Zealand, now assembled
at Waitangi. We also, the Chiefs of New Zealand, see the meaning of these words:
they are taken and consented to altogether by us. Therefore are affixed our names
This done at Waitangi, on the sixth day of February, in the year
one thousand eight hundred and forty, of Our Lord.
back-translations of the Maori text will include the statement,
"and all the people of New Zealand." This shows that from
the very outset the Treaty was conceived to protect everyone's rights. This includes
Maori chiefs, Maori families or tribespeople, British settlers or those of other
nationalities already in the country... or coming to live in the future.
In the name of Her Majesty
Of the United Kingdom of Great Britain and
William Hobson, Esquire, a
Captain in the Royal Navy, Lieutenant-
of New Zealand.
Whereas I have it in Command from
Her Majesty Queen VICTORIA,
Principal Secretary of State of the Colonies, to
the grounds of Discovery, the Sovereign
Rights of Her Majesty over the Southern
Of New-Zealand, commonly called, "The Middle
and "Stewart's Island"; and, the Island,
commonly called, "The
having been ceded in Sovereignty to Her Majesty.
Now, therefore, I William Hobson,
Lieutenant-Governor of New Zealand, do hereby
Proclaim and Declare to all men, that from and
After the Date of these Presents,
the full Sovereignty
Of the Islands of New Zealand, extending from
Degrees Thirty Minutes to Forty-seven
Degrees Ten Minutes South Latitude,
One Hundred and Sixty-six Degrees Five Minutes
to One Hundred
and Seventy-nine Degrees of
East Longitude, vests in Her Majesty Queen
VICTORIA, Her Heirs and Successors for ever.
Given under my Hand at Government-House,
RUSSELL, Bay of Islands, this
Twenty-first day of May, in the Year of Our
Lord One Thousand Eight Hundred and
By His Excellency's Command,
Shortland, Colonial Secretary.
GOD SAVE THE QUEEN.
PAIHIA: Printed at
the Press of the Church Missionary Society.
For the first ten years after the Treaty was signed,
the Maoris prospered and there were very few disputes between the tribes or settlers,
but as more settlers arrived, the demand for more land and the new way of life
for the Maoris, requiring more money to support it, unrest developed. Disputes
between the tribes as to ownership of land being sold to sustain this new way
of life and the pressure from the settlers for more land caused major problems
for the Governor and people alike. Many Maoris whose ancestors sold their land,
regret it now and blame the non-Maori for their ancestor's actions.
1845 war broke out in the north when Hone Heke burnt the township of Kororareka.
Chiefs Tamati Waka Néné, Patuone, Mohi Tawhia and Taonui Makoare
contained Heke's rebellion until British forces could be mustered. Thereafter
an alliance of British and Maori forces defeated Hone Heke.
the Treaty, large areas of land transferred from Maori ownership to European ownership,
although land purchased by devious means was, in most cases, returned to the Maori
owners by the Governor and then in some cases repurchased. Many settlers who had
purchased land from the Maoris legitimately before the Treaty, but could not prove
their purchase, lost their complete purchase when it was investigated by the Governor.
Even some of the Governors tried to do devious deals, like the second attempted
purchase of the South Island in Australia, which failed. Most of the South Island
had already been purchased before the Treaty was signed, but after it was signed
the Governor rejected the sale.
The Maoris were also upset
that land being purchased from them by the Governor was then sold to the settlers
at a profit. What many did not understand was that this profit was being used
to develop New Zealand. Many settlers, especially the New Zealand Company, were
very upset that they had to pay more for the land than if they had bought it direct
from the Maoris. This is why some devious settlers tried to talk the Maoris out
of signing the Treaty and to stir up unrest amongst them after it was signed.
that the Treaty was signed, land had to be divided into legal ownership to be
given titles. Whoever claimed the most land before titles were given would then
own it legally after titles were given. This, plus land not owned by the seller,
started the land wars of 1860 in Taranaki. A dispute arose between the Maoris
who sold the land and the "rightful owners". This land was returned
to the "rightful owners" then repurchased at a higher price. It was
again disputed and the Imperial Troops were brought in to gain peace and to enforce
British Sovereignty/law/order over this small minority of Maori "rebels".
At the time the "King Movement" was gaining strength. The King Movement
was a rebellious group of Waikato Maoris who had signed the Treaty but were opposing
British sovereignty by helping the Taranaki Maoris in their war as well as causing
unrest and trouble in the development of New Zealand.
though they had signed the Treaty they decided to keep their Sovereignty, which
through weak Governments, is still in existence today. They are using the Waitangi
Tribunal to lodge claims against the Crown/people which have in many cases, like
many others, including the Nga Tahu, have had full and final settlements already
honoured by the people of New Zealand since 1946 and earlier.
majority of the tribes and their people accepted British Sovereignty and Government
and prospered. It was only a small group, mainly in the centre of the North Island
and led by individuals, who caused the trouble. Many Maoris fought alongside the
Imperial troops to bring law and order to New Zealand. Only a small percentage
of the tribes were involved in the land/Sovereignty wars. Most welcomed and encouraged
the Europeans to settle in their area for the protection, trade and prosperity
nearly twenty years the Imperial troops fought the "rebel" Maoris at
Taranaki, Waikato and Tauranga (Gate Pa). At times the Imperial Troops consisted
of more than 14000 men under the command of the Governor. At this time large areas
of land in Taranaki, Waikato and Tauranga were confiscated as payment for these
wars, although most of the Tauranga land was returned with a large cash payment
of two thousand five hundred pounds for the Maoris to re-establish themselves.
Many innocent settlers lost their land and/or their lives by the "rebels"
during these wars.
Although these wars of the 60's were called
"Land Wars" they were really "Sovereignty Wars". The wars
were fought to enforce British Sovereignty over New Zealand so that Britain could
form a united Government to bring law, order and protection to all the people
of New Zealand, as the Treaty promised. The confiscations were a result of these
wars and not a means by which to gain land. The war cost 400,000 pounds in 1861,
far more than if the land had been bought in peaceful times.
most cases the Maoris accepted these confiscations at the time. They fought and
unfortunately lost and therefore had to pay the price. This in itself, is Maori
Custom. The Imperial Troops at no time fought to destroy the Maori; they fought
only to bring law and order to a small minority of rebels. The majority of Maori
were very good law abiding citizens. It was only a few, as it is today, who were
making it difficult for the majority.
As the Kingites in
the north, a group of rebels in the south, the Hauhaus had formed their own religious
war party determined to drive the Europeans back into the sea by working themselves
and their followers into a frenzy before attacking and killing remote settlers,
their families and stock around Wellington province and Hawkes Bay.
the 23rd of April 1851, Auckland with a population of 4500 was threatened by an
attack by a group of Maori from the Ngaiti paoa tribe south of Auckland who had
some of their people imprisoned. They assembled five war canoes, plus several
smaller canoes and set off from Waiheke to attack the people of Auckland as Heke
had done six years earlier at Russell. Governor Grey quickly assembled the 58th
Regiment and greeted the Maoris when they landed at Mechanics Bay. He also had
the HMS Fly sail in behind the canoes, Grey then approached the Chief and told
him that if he did not go back to his village, the war ship would make short work
of his canoes and the troops would open fire. The Maoris had no alternative but
to heed Grey's ultimatum and paddle away. Later they apologised to Grey and, as
a token of respect, laid five greenstone mere's at his feet.
LORE TO BRITISH LAW
These incidents marked the turning point
from tribal control/ lore in New Zealand to full British control/law that the
Maoris had asked for on many occasions and agreed to in the Treaty of Waitangi.
The British had not wanted to get involved in tribal warfare and had hoped it
would sort itself out but with a rebel threat to Auckland, defiance to law, order
and the British Sovereignty by the King Movement, the killing of settlers by the
Hauhaus, and intertribal fighting, there was no alternative. A stand for British
Sovereignty, law and order had to be made by the Governor with his Imperial Troops.
must be remembered that the Maoris had been at war between themselves for hundreds
of years for survival as well as to show their mana and strength. It was their
way of life. To expect them to stop this tribal warfare overnight, especially
now they had muskets that could settle old scores, would be an impossibility and
would take time. Only a strong Governor with a force would break this pattern
and bring law, order and unity between the people of New Zealand. Most tribes
were peaceful and law abiding and became very good citizens as soon as the Treaty
was signed. Only a few did not honour the Treaty of Waitangi and resisted British
Sovereignty. It was very unfair to the tribes that did honour the Treaty and helped
develop New Zealand, now to be forced by Government to pay compensation to those
who did not. As the land was now governed under one law, the Imperial Government
had to bring in the Imperial Troops to enforce law and order and to stop the fighting
between the tribes. It was also thought that if the Troops were not brought in
to stop the tribal fighting the Maoris would soon destroy themselves. Many Maori
joined the Imperial Troops and fought alongside them in the land/Sovereignty wars
as they did not agree with the "rebels" actions. There were eighty times
more Maori killed in the tribal wars than in the land/Sovereignty wars of the
60's and 70's. Chiefs like Hongi killed his own countrymen just for the sake of
blood or to settle old scores, now that he had muskets. The Imperial Troops were
used only to gain peace and to enforce British Sovereignty, not grab land as many
historians and activists lead us to believe.
The wars were
very costly and were not the direct fault of the Imperial or Colonial Government.
The Governor had to confiscate land conquered from the tribes who started the
wars to meet the costs and to show that there was now one law for all. Many innocent
settlers and their families also lost land as well as their lives during these
wars but their ancestors have never received compensation or a Government funded
Tribunal to hear their grievances as have Maoris.
Apirana Ngata stated in his book, The treaty of Waitangi- An Explanation, "Some
have said that these confiscations were wrong and that they contravene the articles
of the Treaty of Waitangi, but the chiefs placed in the hands of the Queen of
England, the Sovereignty and authority to make laws. Some sections of the Maori
people violated that authority, war arose and blood was spilled. The law came
into operation and the land was taken as payment. This in itself is Maori custom-revenge-plunder
to avenge a wrong. It was their chiefs who ceded that right to the Queen. The
confiscations can not therefore be objected to in the light of the Treaty".
of these confiscations, whether right or wrong have had full and final settlements
reached with previous Governments and then honoured by the people of New Zealand
for many, many years but are again before the Waitangi Tribunal to be re-negotiated.
If anyone is to be responsible it should be the Imperial Government and not the
Colonial Government as they had very little control over what happened in New
Zealand at the time
a responsibility of Britain and not the people of New
The Imperial Troops were always under the control
of the Governor of the Imperial Government until 1870 when the troops were finally
withdrawn. The Colonial Government had no control over the Imperial Troops who
fought, conquered and confiscated the land which was then sold to the settlers
by the Government. The Imperial Troops were used by Britain to enforce British
Sovereignty over New Zealand, otherwise the British would have been defeated by,
(quote) "a pack of uncivilised savages". In most conflicts with the
Imperial Troops the Maoris were outnumbered 4 to 1 but with their modern fortified
pas and their very clever and cunning methods of outsmarting the British they
always seemed to escape with little loss of life. Until settlers assisted, the
troops did not chase Maoris who retired to the King Country. The wars ended without
a true victory to either side and, eventually, peace was achieved by this small
group of Maori "rebels" accepting the advantages of British rule and
Sovereignty. This was far better than being constantly at odds with the rest of
the country, including their fellow countrymen.
withdrawal of the Imperial Troops in 1870, the Colonial Government formed a constabulary
of many nationalities as well as many pro-Government Maori. These were used to
keep law and order and to control the small "rebel" followers still
causing trouble. In most cased the constabulary were commanded by ex-Imperial
commanders, who had decided to stay in New Zealand. In 1872 the Maoris still owned
about 75% of the North Island. Most of the land after this time was sold for a
fair price by ancestors of present day Maori, who spent the money, leaving very
little or nothing for their descendants. Over-all very little land was confiscated
as most was returned or compensation paid.
From 1840 until 1852 New Zealand was controlled
by the British Crown under a Governor. On the 30th June 1852 New Zealand's Crown
Colony status ended with the passing of the British Parliament's Constitution
Act granting limited self Government. This Act provided for a National General
Assembly of an Elected House of Representatives, an appointed Legislative Council
and the Governor who was to hold supreme authority.
Assembly met for the first time in Auckland on the 24th May 1854 and soon found
that the real power still lay with the Crown Officials on the Executive Council,
answerable only to the Governor.
Henry Sewell became the
first Prime Minister on the 7th May 1856.
The official designation
"Colonial" disappeared on the 25th November 1907 to be replaced by "Dominion
of New Zealand". Governor became Governor General in 1917. Full and final
autonomy and Sovereignty occurred on November 25th 1947 when New Zealand adopted
the Statute of Westminster. Britain then enacted, at New Zealand's request, a
Constitution Act authorising New Zealand to alter any of the 1852 Constitution
Act provisions. Up until this time, the Colonial Governments were only "puppets
on a string" to Britain. As Sovereignty over New Zealand was held by the
British Crown until 1947, the Dominion Government could not make laws or pass
Acts without their authority. Even today the Government can be overruled by the
British Privy Council or expelled by the Governor General, the Queen's representative
(Martin's note: The Privy Council has now been dumped, much against the wishes
of most New Zealanders. Our new Supreme Court will be "The Waitangi Tribunal"
Governments conveniently hide behind "The Crown", when in need, not
really knowing or admitting who or what it is. As it is no longer the British
Crown, it can only be the people of New Zealand, the Government in perpetuity
or the Queen. The question to be asked is, "should the Government in power
at the time, sell or trade the Crowns/peoples assets or give large sums of money
or buy assets for one group of citizens, in out of court settlements as it is
doing, without first going to the people?"
Tribunal, funded by the Government, is controlled by the 1975 Treaty of Waitangi
Act using the Five Principals, which in many cases do not relate to the Treaty's
true intentions or spirit that, "we are one people". The Tribunal hears
only claims by people of Maori descent and is funded by the taxpayer with grants
to the claimants to research and lodge their claims, also funded by the taxpayer.
Non-Maori are not allowed to lodge claims, or in many cases, participate in the
hearings, which are usually heard on the marae. This Tribunal contravenes section
19 (1&2) of the Bill of Rights Act, as well as article three of the Treaty
and therefore must be abolished. How can we be expected to honour one part of
the Treaty if another part is being broken with the Government's blessing? (funding).