TE TIRITI O WAITANGI 6 February 1840 Does it Deliver for the Maori of Aotearoa – New Zealand?

TE TIRITI O WAITANGITE TIRITI O WAITANGI6 February 18406 February 1840

Does it Deliver for the Does it Deliver for the Maori of Aotearoa – Maori of Aotearoa –

New Zealand?New Zealand?

MY KEY WISHESMY KEY WISHES

Share dates, events, facts Share dates, events, facts and observationsand observations

Let all present this evening Let all present this evening make up their minds about make up their minds about the Treaty and its aftermath the Treaty and its aftermath in the light of thesein the light of these

Assess Assess pakehapakeha justice justice

HE KUPU – KEY WORDSHE KUPU – KEY WORDS

English as a language cannot English as a language cannot express the subtle nuances of express the subtle nuances of Maori: herein lies the major Maori: herein lies the major problem!problem!

AotearoaAotearoa; ; MaoriMaori; ; iwi/hapuiwi/hapu; ; NgapuhiNgapuhi; ; rangatirarangatira; ; manamana; ; tupunatupuna; ; pakehapakeha;;

TikaTika; ; ponopono; ;

TE TAI TOKERAU TE TAI TOKERAU - NORTHLAND - - NORTHLAND -

TE WHARE TAPU O NGAPUHITE WHARE TAPU O NGAPUHITHE SACRED HOUSE OF THE SACRED HOUSE OF

NGAPUHINGAPUHIPapatuanuku is the Papatuanuku is the FloorFloorRanginui is the Ranginui is the RoofRoofThe The Supporting PolesSupporting Poles are the are the

Sacred Mountains of Ngapuhi:Sacred Mountains of Ngapuhi:Puhangatohora; Te Ramaroa; Puhangatohora; Te Ramaroa;

Whiria; Panguru; Papata; Whiria; Panguru; Papata; Maungataniwha; Tokerau; Maungataniwha; Tokerau; Rakaumangamanga; Manaia; Rakaumangamanga; Manaia; Tutamoe; ManganuiTutamoe; Manganui

TE WHARE TAPU O TE WHARE TAPU O NGAPUHINGAPUHI

It is within this house that the It is within this house that the Treaty was conceived and Treaty was conceived and createdcreated

Ngā tuhituhinga tuatahi o te Ngā tuhituhinga tuatahi o te Tiriti o Waitangi ko ngā moko o Tiriti o Waitangi ko ngā moko o ngā rangatira o Ngāpuhi!ngā rangatira o Ngāpuhi!

The first signatures on the The first signatures on the Treaty of Waitangi are the Treaty of Waitangi are the tattoos of the chiefs of Ngāpuhi!tattoos of the chiefs of Ngāpuhi!

TE TAI TOKERAU TE TAI TOKERAU - NGA IWI – THE NATIONS - - NGA IWI – THE NATIONS -

THE FIVE INTER-LINKED THE FIVE INTER-LINKED IWIIWI – TE AUPOURI, TE – TE AUPOURI, TE RARAWA, NGATI RARAWA, NGATI WHATUA, NGATI KAHU, WHATUA, NGATI KAHU, NGAPUHINGAPUHI

PATUONE C.1764 - 1872PATUONE C.1764 - 1872

PATUONEPATUONE

PATUONE & SIR GEORGE PATUONE & SIR GEORGE GREYGREY

TAMATI WAKA NENETAMATI WAKA NENEc.1770-1871c.1770-1871

MANAIAMANAIAWHANGAREIWHANGAREI

PEWHAIRANGI PEWHAIRANGI - BAY OF ISLANDS -- BAY OF ISLANDS -

TUATAHI: THE CONTEXTTUATAHI: THE CONTEXT

Maori started to travel to Maori started to travel to Poikahena (Sydney) in the 1780s-Poikahena (Sydney) in the 1780s-90s to transact business and trade90s to transact business and trade

Massive trade developedMassive trade developedRangatira received by Governors as Rangatira received by Governors as

kings demanding respectkings demanding respectMissionaries arrived in Tai Tokerau Missionaries arrived in Tai Tokerau

– first sermon, Christmas, 1814 – – first sermon, Christmas, 1814 – Samuel MarsdenSamuel Marsden

THE CONTEXTTHE CONTEXT

Sir George Murray – First European-Sir George Murray – First European-style ship built in NZ. Built at Horeke, style ship built in NZ. Built at Horeke, Hokianga. (Partners: Patuone,Taonui, Hokianga. (Partners: Patuone,Taonui, Gordon Browne, Thomas Raine). Gordon Browne, Thomas Raine). Arrived Sydney 18 November 1830 on Arrived Sydney 18 November 1830 on its maiden voyage. Impounded. Sold its maiden voyage. Impounded. Sold to Thomas MacDonnell, 20 January to Thomas MacDonnell, 20 January 1831 for £1300. Patuone/Taonui made 1831 for £1300. Patuone/Taonui made a declaration of support and a declaration of support and MacDonnell an honorary rangatira. MacDonnell an honorary rangatira. Temporary license granted in August Temporary license granted in August 1831.1831.

ContextContext

16 November 1831, letter from 13 16 November 1831, letter from 13 Ngapuhi rangatira to King William IV of Ngapuhi rangatira to King William IV of England.England.

Reply from Viscount Lord Goderich, Reply from Viscount Lord Goderich, Colonial Office dated 14 June 1832. Colonial Office dated 14 June 1832. Appointment of the British Resident Appointment of the British Resident announced. James Busby arrived in 1833.announced. James Busby arrived in 1833.

20 March, 1834, 25 rangatira chose the 20 March, 1834, 25 rangatira chose the flag as the flag of the Confederation of flag as the flag of the Confederation of the United Tribes of New Zealand. 21 the United Tribes of New Zealand. 21 gun salute. Gazetted in NSW 19 August gun salute. Gazetted in NSW 19 August 1835.1835.

ContextContext

28th October 1835 Declaration of 28th October 1835 Declaration of Independence of the United Tribes of New Independence of the United Tribes of New Zealand, signed by 35 rangatira from the north Zealand, signed by 35 rangatira from the north and later by others (Potatau Te Wherowhero, and later by others (Potatau Te Wherowhero, Tainui; Te Hapuku, Ngati Kahungunu).Tainui; Te Hapuku, Ngati Kahungunu).

King William IV, through Lord Glenelg, King William IV, through Lord Glenelg, Secretary of State for War and the Colonies, Secretary of State for War and the Colonies, accepted their request, in a manner of accepted their request, in a manner of speaking, couched in the diplomatic language speaking, couched in the diplomatic language of the day.of the day.

Sir Richard Bourke, Governor of NSW (1831-Sir Richard Bourke, Governor of NSW (1831-37), affirmed this. Sir George Gipps (1838-46) 37), affirmed this. Sir George Gipps (1838-46) tried to deny it as being a concoction of Busby tried to deny it as being a concoction of Busby and others.and others.

ContextContext

But, the fact remained. The But, the fact remained. The Declaration had been made and Declaration had been made and accepted.accepted.

Te Wakaminenga o AotearoaTe Wakaminenga o Aotearoa – – The Nation of New Zealand – The Nation of New Zealand – existed!existed!

Te Tiriti o WaitangiTe Tiriti o Waitangi

30th January 1840, invitations 30th January 1840, invitations were sent out inviting were sent out inviting rangatirarangatira to Waitangi. That sent to my to Waitangi. That sent to my great-great grand uncle, Nene, great-great grand uncle, Nene, survives. It reads…….survives. It reads…….

Te Tiriti o WaitangiTe Tiriti o Waitangi30th day of January, 184030th day of January, 1840

My esteemed friend:My esteemed friend:This is my word to you once more; a ship will be This is my word to you once more; a ship will be arriving, bringing a chief from the Queen of arriving, bringing a chief from the Queen of England to be a Governor for us all. So, it is for England to be a Governor for us all. So, it is for this reason that all the chiefs in the nation of New this reason that all the chiefs in the nation of New Zealand should assemble here on Wednesday of Zealand should assemble here on Wednesday of this holy week to meet him. Therefore my friend this holy week to meet him. Therefore my friend my reason is to invite you here to Waitangi, to my my reason is to invite you here to Waitangi, to my home once more, to this assembly. You too are a home once more, to this assembly. You too are a chief of those united as one. That is it, my word is chief of those united as one. That is it, my word is done. Yours, from your esteemed friend, Busby.done. Yours, from your esteemed friend, Busby.


Captain William Hobson. Captain William Hobson. H.M.S. HeraldH.M.S. Herald There was no previous model anywhere: There was no previous model anywhere:

the text was written in English over 4 the text was written in English over 4 days (James Freeman and James Busby) days (James Freeman and James Busby) and translated overnight by Rev. Henry and translated overnight by Rev. Henry Williams into Maori. First problem.Williams into Maori. First problem.

'I certify that the above is as literal a 'I certify that the above is as literal a translation of the Treaty of Waitangi as translation of the Treaty of Waitangi as the idiom of the language will allow.'the idiom of the language will allow.'

i.e. My command of Maori is very poor i.e. My command of Maori is very poor but I am doing my best!but I am doing my best!


5th February 1840, the 5th February 1840, the rangatira rangatira assembled assembled for a two-day event. Pakeha expected it for a two-day event. Pakeha expected it would be all over quickly and gifts would be would be all over quickly and gifts would be given out. They were in for a shock!given out. They were in for a shock!

What was explained to What was explained to rangatirarangatira and the and the Maori version created a different Maori version created a different understanding: what the chiefs thought understanding: what the chiefs thought they were signing and choosing is not what they were signing and choosing is not what they ended up with! Maori did not respect they ended up with! Maori did not respect bits of paper: they respected verbal bits of paper: they respected verbal assurances as a matter of honour and assurances as a matter of honour and manamana. . Kanohi ki kanohi!Kanohi ki kanohi!


Ko te TuatahiKo te Tuatahi Ko nga Rangatira o te Wakaminenga me nga Rangatira Ko nga Rangatira o te Wakaminenga me nga Rangatira

katoa hoki ki hai i uru ki taua wakaminenga ka tuku rawa katoa hoki ki hai i uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu-te Kawanatanga atu ki te Kuini o Ingarani ake tonu atu-te Kawanatanga katoa o o ratou wenua.katoa o o ratou wenua.

Article the FirstArticle the First The Chiefs of the Confederation of the United Tribes of New The Chiefs of the Confederation of the United Tribes of New

Zealand and the separate and independent Chiefs who Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to exercise or possess, or may be supposed to exercise or to possess over their respective Territories as the sole possess over their respective Territories as the sole Sovereigns thereof.Sovereigns thereof.


Key words: Key words: kawanatanga; kawanatanga; rangatiratangarangatiratanga and and taongataonga. The British . The British thought Maori had ceded sovereignty: thought Maori had ceded sovereignty: Maori maintained they had not!Maori maintained they had not!

There was a powerful, general mood There was a powerful, general mood not to sign. There was the matter of not to sign. There was the matter of land sales.land sales.

The great oratory of Heke, Nene and The great oratory of Heke, Nene and Patuone changed the mood. WHY?Patuone changed the mood. WHY?

It was too late! Pakeha were there to It was too late! Pakeha were there to stay: goods, technology, systems, stay: goods, technology, systems, crops, agriculture = desirability.crops, agriculture = desirability.


The coming of the pakeha had been The coming of the pakeha had been foretold –foretold –Te Matapo; Te MaoiTe Matapo; Te Maoi

The chiefs adjourned to discuss the The chiefs adjourned to discuss the Treaty and were scheduled to return on Treaty and were scheduled to return on Friday, 7Friday, 7thth February 1840. February 1840.

Impassioned discussion took place at Impassioned discussion took place at night around the fire in the Maori way: night around the fire in the Maori way: pakeha were surprised: morning of 6 pakeha were surprised: morning of 6 February, 1840, the chiefs indicated February, 1840, the chiefs indicated they were ready to sign so they could they were ready to sign so they could return home to more important return home to more important business!business!


On the day, 45 chiefs signed and On the day, 45 chiefs signed and by the end of 1840, 500 had done by the end of 1840, 500 had done so including 13 women, so including 13 women, rangatirarangatira in their own right. There were 9 in their own right. There were 9 copies in all. In October, 1840, copies in all. In October, 1840, the official English and Maori the official English and Maori versions were sent to the Colonial versions were sent to the Colonial Office in London.Office in London.

Waitangi was the only place Waitangi was the only place where any explanation was given!where any explanation was given!


The Treaty was never ratified by Britain The Treaty was never ratified by Britain and ignored in New Zealand until c.1975.and ignored in New Zealand until c.1975.

NeneNene said: said: “Pakeha are a very lying race!”“Pakeha are a very lying race!” Successive NZ governments used Successive NZ governments used

legislation to trample Maori rights further legislation to trample Maori rights further and there were endless breaches.and there were endless breaches.

The British Government totally ignored The British Government totally ignored Maori concerns and grievances Maori concerns and grievances and has and has never repaired the damagenever repaired the damage..


1841 Land Claims Ordinance (unused land 1841 Land Claims Ordinance (unused land to the Crown)to the Crown)

1844 private land sales1844 private land sales 1846 Protectorate Department abolished1846 Protectorate Department abolished 1852 Constitution Act (21 plus males with 1852 Constitution Act (21 plus males with

title to land)title to land) 1859 illegitimate land sales (Teira)1859 illegitimate land sales (Teira) 1863 Native Lands Act (individualised title; 1863 Native Lands Act (individualised title;

free sales)free sales) 1863 Suppression of Rebellion Act1863 Suppression of Rebellion Act 1864 Native Reserves Act (settler control of 1864 Native Reserves Act (settler control of

reserved Maori land)reserved Maori land)


1865 Native Land Court (proofs required; 1865 Native Land Court (proofs required; agents) Judge Fenton – agents) Judge Fenton – he tangata kino; he he tangata kino; he kuare!kuare!

1866 Oyster Fisheries Act (land loss)1866 Oyster Fisheries Act (land loss) 1867 Maori Representation Act (4 MPs)1867 Maori Representation Act (4 MPs) 1867 Native Schools Act (assimilate)1867 Native Schools Act (assimilate) 1871 all instruction in English1871 all instruction in English 1877 Judge Prendergast: Treaty a simple 1877 Judge Prendergast: Treaty a simple

nullity!nullity! 1879 amendments to simplify settlers obtaining 1879 amendments to simplify settlers obtaining

Maori landMaori land 1879 Peace Preservation Act (I year hard labour 1879 Peace Preservation Act (I year hard labour

for Maori who refused orders to relocate)for Maori who refused orders to relocate)


1880 Maori Prisoners’ Act (200 Taranaki 1880 Maori Prisoners’ Act (200 Taranaki prisoners trying to prevent survey of prisoners trying to prevent survey of confiscated lands)confiscated lands)

1880 West Coast Settlement Act (2 years 1880 West Coast Settlement Act (2 years hard labour for opposing or hindering hard labour for opposing or hindering surveys for settlement)surveys for settlement)

1881 Natives Reserves Act (control of 1881 Natives Reserves Act (control of reserves vested in the Public Trustee)reserves vested in the Public Trustee)

1881, 2500 troops invade Parihaka to arrest 1881, 2500 troops invade Parihaka to arrest Te WhitiTe Whiti

1886 Native Lands Administration Act (land 1886 Native Lands Administration Act (land to trustees who could sell it)to trustees who could sell it)

1893 Land Purchase Act (speed up sales)1893 Land Purchase Act (speed up sales)


1894 Advances to Settlers Act (loans to 1894 Advances to Settlers Act (loans to pakeha to buy land from the pakeha to buy land from the government)government)

1894 Native Land Court Act (names on 1894 Native Land Court Act (names on title as owners)title as owners)

Validation of Invalid Land Sales ActValidation of Invalid Land Sales Act 1894 Land Settlement Act (control under 1894 Land Settlement Act (control under

land councils with no Maori members)land councils with no Maori members) 1897, 92 Maori arrested in Taranaki for 1897, 92 Maori arrested in Taranaki for

protestingprotesting 1903, Prendergast’s 1877 ruling upheld1903, Prendergast’s 1877 ruling upheld


Endless legislation discriminated Endless legislation discriminated against Maori: 2004 Foreshore and against Maori: 2004 Foreshore and Seabed Act (removes any Maori right Seabed Act (removes any Maori right of challenge. Vests full legal and of challenge. Vests full legal and beneficial ownership in the Crown: beneficial ownership in the Crown: Maori rights are extinguished forever, Maori rights are extinguished forever, without consent, investigation or without consent, investigation or consultation.consultation.

1975 Waitangi Tribunal: Government 1975 Waitangi Tribunal: Government not obliged to listen.not obliged to listen.

Cases for compensation are still Cases for compensation are still within the consideration of the within the consideration of the Tribunal. Few have been settled.Tribunal. Few have been settled.


Some Key Points: English Common Law applied Some Key Points: English Common Law applied to Maori with the signing of the Treaty. Native to Maori with the signing of the Treaty. Native Title can only be extinguished under statute with Title can only be extinguished under statute with the full and free consent of the owners. Such the full and free consent of the owners. Such consent was never given!consent was never given!

In Tamaki v. Baker, the Privy Council rejected the In Tamaki v. Baker, the Privy Council rejected the argument that there was no Maori customary law argument that there was no Maori customary law and pointed out that many existing statutes in and pointed out that many existing statutes in New Zealand specifically mention it.New Zealand specifically mention it.

RV Symonds: Chapman J – “indigenous title is RV Symonds: Chapman J – “indigenous title is entitled to be respected, that it cannot be entitled to be respected, that it cannot be extinguished otherwise than by the free consent extinguished otherwise than by the free consent of the native occupiers”.of the native occupiers”.

Arani v. Public Trustee: Lord Philamore ruled Arani v. Public Trustee: Lord Philamore ruled that Maori Customary law enjoyed legal status in that Maori Customary law enjoyed legal status in the European Courts.the European Courts.


Deadline for claims! 28 September Deadline for claims! 28 September 2008!2008!

To Maori, especially To Maori, especially NgapuhiNgapuhi, the , the manamana of our of our tupunatupuna has been has been trampled endlessly and for this, there trampled endlessly and for this, there is a price to pay: in Maori, is a price to pay: in Maori, HE UTUHE UTU..

Tragedies: visited upon many pakeha Tragedies: visited upon many pakeha involved in the processes - accidental involved in the processes - accidental deaths, disease, curses, suicide, deaths, disease, curses, suicide, murder, strange accidents.murder, strange accidents.

1953 Tangiwai Disaster (152 dead)1953 Tangiwai Disaster (152 dead) 1963 Bynderwyn Bus Crash (15 dead)1963 Bynderwyn Bus Crash (15 dead)

DATES AND YEARSDATES AND YEARS

244 years since the birth of 244 years since the birth of PatuonePatuone

173 years since the Declaration173 years since the Declaration168 years since the Treaty168 years since the Treaty136 years since the death of 136 years since the death of

PatuonePatuone

LAND LOSSLAND LOSS

In 1840, Maori owned In 1840, Maori owned 66,400,000 acres of land66,400,000 acres of land

In 1891 it was 11,079,486 In 1891 it was 11,079,486 acresacres

In 1975 it was 3,000,000 In 1975 it was 3,000,000 acresacres

HE WHAKAMUTUNGA!HE WHAKAMUTUNGA!

WE SHOULD ALL REMEMBER: WE SHOULD ALL REMEMBER: Justice and the struggle for Justice and the struggle for

justice have no expiry date!justice have no expiry date! History is a progression, both of History is a progression, both of

key events and lessons: we need key events and lessons: we need to remember the first and learn to remember the first and learn the second!the second!

As Maori we represent continuity As Maori we represent continuity – past-present and future!– past-present and future!


Remember those ancient Remember those ancient tohunga tohunga matakitematakite, those seers? They also , those seers? They also said this:said this:““When those others are at the When those others are at the point of destroying our world, point of destroying our world, then they will come looking for us then they will come looking for us for they will have forgotten how for they will have forgotten how to save it! We and our to save it! We and our descendants will remember! Only descendants will remember! Only then will they truly honour us!”then will they truly honour us!”


This is a plea, an affirmation This is a plea, an affirmation made on behalf of all those made on behalf of all those indigenous peoples of the earth, indigenous peoples of the earth, who have suffered and who who have suffered and who continue to suffer at the hands continue to suffer at the hands of world powers and their of world powers and their agendasagendas

Kei hea te ture? E tatari mai ana!Kei hea te ture? E tatari mai ana!

Nga mihi ano ki a Nga mihi ano ki a koutou katoa!koutou katoa!

He waiata na Benjamin He waiata na Benjamin maua ko te whanaunga maua ko te whanaunga rangatira, ko Moeroa rangatira, ko Moeroa

TiatoaTiatoa

Kei Waenganui i te Kei Waenganui i te AwateaAwatea

TE TIRITI O WAITANGI 6 February 1840 Does it Deliver for the Maori of Aotearoa – New Zealand?

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Transcript of TE TIRITI O WAITANGI 6 February 1840 Does it Deliver for the Maori of Aotearoa – New Zealand?