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Questions and
Network Waitangiacknowledgements
Network Waitangi wishes to acknowledge the following groups that have produced ?
valuable resources on the Treaty of Waitangi and related issues, with apologies for those
we have missed –
Aotearoa Educators, Kia Mohio Kia Marama Trust, Koha Programme, Maori Congress,
Maori Women’s Welfare League, New Zealand Maori Council, Nga Kaiwhakamarama I
Nga Ture, Nga Tamatoa, Te Ahi Kaa, Te Kawariki, Waitangi Action Committee,
Action For an Independent Aotearoa, arc (Aotearoa Reality Check/Anti-Racism Crew), ?
Auckland Committee on Racism and Discrimination, Citizens Association for Racial
Equality, Conference of Churches of New Zealand Programme on Racism, Double
Take, Halt All Racist Tours, Justice and Peace Offce and Bicultural Desk of the Auckland ?
Catholic Diocese, Kawanatanga Network, Methodist Bicultural Desk, New Perspectives
on Race, Pakeha Treaty Action, Pax Christi Aotearoa, Peace Movement Aotearoa,
Playcentre Treaty Education Team, Project and Network Waitangi national and regional
groups, Tamaki Treaty Workers, Te Tari Matauranga Maori (Manukau Institute of
Technology), The Rowan Partnership, Theology and Racism Collective, Treaty Resource
Centre, Waikato Anti-Racism Coalition, Waitangi Associates, Waitangi Consultancy ??Group, and the YWCA. ?
Design by Jenny Rankine, Contributors
Words & Pictures, Auckland, with funding 1989 edition: National Committee, Project
support from the Treaty Resource Centre, Waitangi
a project of the Auckland Workers’ Edu- 1993 edition: Network Waitangi
cational Association (AWEA), PO Box 2008 edition: Moea Armstrong, Edwina
78-338, Auckland. Hughes, Ingrid Huygens, Joan Macdonald, ? Katherine Peet and Averil Williams, with
First published 1989 special thanks to Moana Jackson and David ? Second revised edition 1993 Williams.
Third revised edition 2008
Thanks to Heather McPherson for
proof-reading.Published by Network Waitangi:
Network Waitangi Otautahi, Christchurch Cover image: New Zealand Listener, used
Community House, 141 Hereford Street, with permission.
Christchurch 8001; email ? Back cover image: Design by Lisa Williams,
Fineline Studios,
Network Waitangi Whangarei, phone 09 436
1679, email
Lead distributor: Treaty Resource Centre.?
Copyright ©
Permission is given for this publication to be copied, distributed or transmitted, providing
it is properly attributed, not altered in any way, and is not sold for proft.?
Questions and
Network Waitangi
ISBN 978-0-473-13790-8contents
Q20 What was the status of the Treaty in Introduction 6?
the early years? 18
Questions and answers 8
Q21 How did the Crown gain control of
Q1 What contact was there between Maori
Aotearoa? 20and Pakeha before 1840? 8
Q22 How can a document 168 years old
Q2 What other countries were interested in
have relevance for today? 20
New Zealand? 8?
Q23 Is Maori concern about the failure to
Q3 What was the Maori response to the
honour the Treaty something new? 21newcomers? 9
Q24 Why is there so much trouble about ? Q4 What was British policy before 1840? 9
the Treaty now? 22
Q5 What was the Declaration of
Q25 Why can’t we throw it out and start
Independence? 9
again? 22
Q6 Who controlled the country around
Q26 Why can’t we just get on with living as 1840? 10
one people? 23??Q7 Why was a treaty necessary? 10
Q27 What about separate or parallel
Q8 What is the Treaty of Waitangi? 11 development? Isn’t that apartheid? 23
Q9 Who wrote the Treaty of Waitangi? 12 Q28 Why are there separate parliamentary
seats for Maori? 24Q10 Are Te Tiriti o Waitangi and the Eng-?
lish version the same? 12 Q29 What is the “Maori Option”? 25 Q11 Which Treaty is the right one? 13 Q30 What does the Treaty have to do with
Pakeha and other Tauiwi? 25Q12 So what did Maori grant under the
Treaty of Waitangi? 14 Q31 Did the Treaty allow for immigration
from other countries apart from Britain? 26Q13 Why are there differences between Te ? Tiriti o Waitangi and the English versions? Q32 What is the place of other peoples
14 apart from Maori and Pakeha in relation to ?
the Treaty of Waitangi? 26Q14 Why was the British intention to gain
sovereignty not fully explained at Treaty Q33 But haven’t other ethnic groups apart
signings? 15 from Maori also suffered from racism? 26
Q15 How does the Treaty recognise Maori Q34 Why can’t Maori look after their
as tangata whenua, and Pakeha as tangata language and culture in the same way as
Tiriti? 16? other ethnic groups do? 27
Q16 What is aboriginal (native) title? 17 Q35 Does honouring the Treaty of
Waitangi mean giving Maori all their land Q17 What about lands that were not
back? 28? perceived as physically occupied by Maori
tribes? 17 Q36 Maori are only about 15 percent of ?
the population - why continue with the Q18 The Treaty is sometimes called a
Treaty? 28covenant. What does that mean? 18
Q19 Where was the Treaty signed? 18?
TREATY OF WAITANGI QUESTIONS AND ANSWERSQ37 What does the Waitangi Tribunal do? What can I do? 41
Appendices 43
Q38 Haven’t Maori gained from having
1 He Wakaputanga o te Rangatiratanga o European technology and other material
Nu Tireni/The Declaration of Independ-benefits? 30
ence of New Zealand 43
Q39 Why do Maori say they want their land
2 Te Tiriti o Waitangi/The Treaty of back when they don’t actually use it and just
Waitangi 44let it go to waste? 30
2A Translation into English 45Q40 What is being done to recognise the
Treaty and apply it? 31 2B Meaning in plain English 46
Q41 Why should we do anything now? 32 3 An English version written in March
1840 47Q42 Doesn’t the Treaty make everything
complicated and take up too much time? 32 4 Historical events and laws which breach
the Treaty of Waitangi 47Q43 Most Maori are happy with the status
quo. Isn’t it just a few radicals stirring up 5 Further reading and websites 54
trouble? 33
Q44 What does cultural safety mean? 33
Q45 What are “the principles” of the
Treaty of Waitangi? 33
Q46 What was the foreshore and seabed
legislation about? 34
Q47 Isn’t it best to have the foreshore and
seabed in public ownership? 35
Q48 What have United Nations human
rights bodies said about the foreshore and
seabed legislation? 36
Q49 What else did the UN Special Rappor-
Waitangi, February teur on Indigenous Peoples’ Rights say? 37
2006. Photo:
Q50 Why are UN human rights bodies Gil Hanly.
interested in the Treaty? 38
Q51 What is the UN Declaration on the
Rights of Indigenous Peoples? 38
Q52 What does Treaty-based constitutional
change mean? 39
Q53 What have Tauiwi done to change the
situation? 40
Network Waitangi Contacts for Treaty educators?
WhAngAreietwork Waitangi is a non-govern-
network Waitangi Whangarei , phone 09 Nmental organisation (NGO) which
436 1679, email from Project Waitangi. Project
Waitangi was launched in 1986 to raise AucklAnd
awareness of the Treaty among non-Maori. Tamaki Treaty Workers, PO Box 47-189,
Then Governor General Sir Paul Reeves Ponsonby, Auckland; phone 09 360 8001, ?
was its patron. email
The Network now links regional groups of The r owan Partnership, 5 Charles Street, ? independent, mainly non-Maori educators. Hauraki, Takapuna, North Shore 0622;
Through educational workshops, study phone 09 486 0165, email
groups, resource material, public seminars,
and submissions we assist Pakeha and other
Treaty r esource centre , PO Box 78-
Tauiwi as tangata Tiriti (people of the Trea- 338, Grey Lynn, Tamaki Makaurau 1245;
ty) to honour our Treaty responsibilities. phone/fax 09 274 4270, email ?? Our workshops also study the effects of
colonisation, institutional and personal BAy of PlenTy
racism, and aim to support tangata Tiriti to r uth gerzon , PO Box 3017, Ohope,
implement creative and equitable Treaty- Whakatane; phone 07 312 4932 or 0274
based relationships with tangata whenua. 308 149, email ?
We are committed to structural and insti- WellingT on
tutional change based on the Maori text of Wellington Treaty educators network ,
the Treaty of Waitangi. We acknowledge PO Box 6176, Wellington 6141; phone 04
Maori as tangata whenua. We recognise 382 8129 / 0274 343 199, email tmpc@
the Treaty as the basis of our nationhood
- it was and is an invitation to enter into a
nelson? relationship with Maori. nelson/Whakatu Treaty network , PO ? The Treaty underpins Pakeha culture; it is Box 815, Nelson; email elena.meredith@
one of the things that makes that
culture unique and different from British or chrisT church
European peoples in other lands. Though network Waitangi otautahi , Christch-
Pakeha recognise those people as ancestors, urch Community House, 141 Hereford
the Treaty adds a crucial dimension which Street, Christchurch 8001; phone 03 365
accepts and welcomes Pakeha as citizens in 5266, email
a Pacifc nation.
Waitangi Associates ltd , PO Box 35-089,
Christchurch; phone 03 383 3182, email
dunedin? Tauiwi solutions, PO Box 3003, Dunedin
9045; phone 03 487 7088, email info@
TREATY OF WAITANGI QUESTIONS AND ANSWERShis book has been produced for peo- We invite readers to put aside their anxie-Tple who want to gain a basic knowl- ties and discover what the promise of the
edge about the Treaty of Waitangi and its Treaty is really about. Non-Maori have
implications. nothing to fear and much to gain from
acknowledging the Maori text of the Treaty Over the past few decades, the Treaty has
- that clearly shows Maori retained their come into focus in Aotearoa/New Zealand.
sovereignty while allowing the Crown to Since it was signed in 1840, the Treaty has
exercise a form of governance.been seen by Maori as an essential part of
their understanding and ways of operating.
However, this has not been so on the
Crown’s side of the agreement - breaches
were reported only days after its signing.
Claims and petitions based on breaches of
the Treaty have been made repeatedly by
Maori to the British Crown and New Zea-
land governments for more than 160 years,
and more recently to the United Nations.
The introduction of the Treaty of Waitangi
into the public arena, particularly since the
establishment of the Waitangi Tribunal
in 1975, has led not only to a heightened
awareness of this country’s history, but also
The beginning of the re-occupation of Takaparawha (Bastion Point) by to a sense of confusion and sometimes fear
Ngati Whatua and supporters in 1982. Photo: Gil Hanly.about what it all means.
The idea of New Zealand as a country with
“the best race relations in the world” has
been seriously questioned. As a result some
people would like to go back to the days
when the Treaty was not generally part of
non-Maori consciousness.
To understand our present situation, we
must journey back and re-learn our history
to understand the effects of the decisions
made by those who lived before us. We can
then move forward with a shared under-
standing and a renewed confdence in our
abilities to resolve the problems we have
Maori economic development expanded What contact was there ?
rapidly from the 1820s, including a ship- between Maori and
building industry. Wheat, potatoes and but-Q1 Pakeha before 1840? ter were traded extensively, and agriculture
fourished through to the 1850s with Maori y the time the Treaty was signed in
exporting their surplus to Australia and B1840, British and Maori were no
other countries around the Pacifc.strangers to each other. The visitors found ? a highly developed sustainable civilisation Although most visitors in this early contact
in which autonomous tribes operated their period were transients, there were approxi-
own systems of health, education, justice, mately 2,000 permanent settlers here by ? welfare, spirituality, etc, all interwoven by a 1839, mostly in the far north. Estimates of
common language, practising a particular the Maori population vary between 200,000
relationship with each other, the land and and 400,000.
After the European explorers like Abel What other countries
Tasman (1642) and James Cook (1769), ? were interested in New ?British and American sealers and whalers Q2 Zealand?
became active in this region of the Pacifc.
ritish interests in the area were cer-By 1800 about 50 whalers and sealers were Btainly the strongest, but American and living here, mainly on off-shore islands.
French activity was increasing. The Ameri-? After 1800, contact became more regu-
cans appointed a consul to New Zealand
lar, with ships coming to harbours in in 1839. They had many trade interests Aotearoa to take on supplies or for rest and
and had been making treaties in the Pacifc
recreation. since 1826.
Commercial activities included timber, fax, Bishop Pompallier set up a French Catholic
whaling stations, ship-building and general
mission in the Hokianga in 1838, and there ? trading in the mid-1820s. By this time some were regular French naval visits to support
traders had become permanent residents
their missionaries and traders. Maori gener-? on the coast, and had begun to live in
ally distrusted the French because of the
Maori villages and marry Maori women. massacre of 250 Maori in 1772 as retalia-
Next came the missionaries and their tion for the killing of Captain Marion du
families. The Church Missionary Society Fresne and his crew.
(Anglican), headed by Samuel Marsden, As much as the British chose to enter into a
established its frst base in 1814, in the Bay
contract with Maori people, so Maori chose ? of Islands. The Wesleyans (Methodists) fol-
the British as the people with whom they
lowed in 1822, and the Catholics in 1838. wished to strengthen their links.
While missionaries were heavily involved in
The words Maori and Pakeha came to be the
trading activities, the actual rate of con-? names each group used for each other.
version to Christian practises and beliefs ?
was slow. Literacy however was quickly
adopted, and by 1840 more Maori than Pa-
keha, per capita, were literate in their own
TREATY OF WAITANGI QUESTIONS AND ANSWERSAs a representative of the British Empire, What was the Maori
Busby was seen by Maori leadership in the response to the
north as a conduit for understanding and Q3 newcomers? formalising the British system of interna-
The Declaration tional relations. One of his frst tasks was he initial welcome given by Maori to
to assist rangatira in 1834 in the selection Tthe newcomers was soon strained as made it clear that
of a national fag, so that their ships would more and more of the arrivals began to “no separate
be registered and therefore have offcial ignore Maori jurisdiction and act as if they legislative authority”
access to Australian ports and be protected were a law unto themselves. (kawanatanga)
from piracy.
Maori therefore began to discuss among would be allowed in
themselves ways of dealing with the infux the country, unless What was the Declaration
in ways that were consistent with tikanga appointed by
of Independence?and the obligation to manaaki or care for rangatira
visitors. Most hapu and iwi have histories 5Q “in congress
of such discussions, aided in many cases
assembled”,y 1835 Busby’s concerns about the by the reported experiences of people who Bcontinuing interest in New Zealand by had travelled overseas.
other nations had increased. In particular,
the Frenchman Baron Charles de Thierry What was British policy
was known to be planning to come to
before 1840? New Zealand to set himself up as a sover-Q4 eign. De Thierry was also claiming that he
had bought a large amount of land in the ntil the 1830s the British policy
Hokianga.Utowards New Zealand was one of
reluctance to intervene formally. Britain had Busby collaborated with northern rangatira
plenty of colonies already, and wasn’t really in the drafting of the Declaration of Inde-
interested in one as far away and as small as pendence, which was signed on October
this. 28, 1835. It declared this country an inde-
pendent state, and that full sovereign power In 1831, a petition was sent to King Wil-
and authority (tino rangatiratanga) resided liam IV from 13 rangatira and Samuel
in rangatira.Marsden, requesting that the King become
a “friend and guardian of these islands”. The Declaration’s signatories, 34 rangatira,
The petition outlined concerns about called themselves the Heads of the Con-
takeovers from other nations and asked that federation of the United Tribes of New
Maori tribes be protected from the miscon- Zealand and agreed to meet at Waitangi in
duct of British citizens who were living in the autumn of each year to frame laws for
and visiting New Zealand. the regulation of trade and the peace and
good order of the country. The lawlessness of Pakeha was reaching
alarming proportions by this time, with An invitation was also extended to south-
incidents occurring around the country. ern rangatira to join the Confederation and
Among these were murders and enslave- sign the Declaration, and 52 around the
ments of people in the South Island. country had signed by 1840.
Partly for humanitarian reasons, but pri- Importantly, the Declaration made it clear
marily to protect British trade interests, the that “no separate legislative authority”
British government appointed James Busby (kawanatanga) would be allowed in the
to act as British Resident in New Zealand. country unless appointed by rangatira “in
James and Agnes Busby arrived in May congress assembled”.
1833 and set up the Residence at Waitangi.
TREATY OF WAITANGI QUESTIONS AND ANSWERS The Crown was invited to give its assistance “In 1857 the Bay of Plenty, Taupo and
and to ensure that others did not infringe Rotorua natives - being about 8,000
upon the independence of the rangatira. people - had upwards of 3,000 acres
of land in wheat; 300 acres in potatoes, The use of North American concepts such
Maori travelled nearly 2,000 acres in maize, and upwards as ‘independence’ and ‘congress’ in the
of 1,000 acres of kumara. They owned throughout Declaration stems from Maori knowledge
nearly 100 horses, 200 head of cattle, of international politics and history, with the world, and
5,000 pigs, 4 water-powered mills, 96 some rangatira having had extensive con- traded both ploughs, as well as 43 coastal vessels tact with indigenous Americans and other
nationally and averaging nearly 20 tons each.” R Firth, colonised peoples in their travels. In par-
Economics of the New Zealand Maori, page internationally, ticular, they were aware of how the Abo-
449.riginal people were treated by the British in adopting new
Australia. Maori continued to gain literacy. The writ-technology
ten word not only provided a new way of Busby forwarded the Declaration to Britain, and commerce inter-hapu and inter-tribal communication, which formally recognised New Zealand’s
successfully. but opened up more trading opportunities. sovereign independence in 1836.
See Appendix 1 for a copy of the Declaration of Why was a treaty
Independence. necessary?7Q Who controlled the
country around 1840? s Pakeha disregard of Maori author- A ity and the Declaration increased, Q6
many rangatira began to consider treating
hroughout this time New Zealand was with the Crown to ensure that those whom Tfrmly under Maori control. Charles Darwin called “the refuse of soci-
ety” were held accountable for their actions.“... the cultural framework of New Zea-
land in 1840 was still essentially Polyne- Treaty-making, the process of making
sian, all European residents absorbed agreements between polities, has a long
Maori values to some extent; some history in Maori politics. Ngati Kahungunu
Europeans were incorporated, however knew such agreements as mahi tuhono, or
loosely, into a tribal structure; and the ‘work to draw the people together’.
basic social divisions were tribal, not the
The idea of treating with the Crown was
European divisions of race, class or sect.
therefore an affrmation of rangatiratanga
The history of these years is of tribal and a recognition that each polity should be
societies interacting with each other responsible for its own people.
and with European societies, still being
During his six year term of offce Busby
traditional but undergoing major cultural
was often criticised for his ineffectiveness,
change.” JMR Owens, The Oxford History
particularly in dealing with the criminal
of New Zealand, page 29.
offending of the settlers. His requests to
Maori travelled throughout the world, and Britain for assistance, in the form of troops
traded both nationally and internationally, and a warship, were turned down.
adopting new technology and commerce
He had no power of arrest because he was successfully. The frst person to import a
appointed as a civilian. His role became that
herd of dairy cows to the country was a
of mediator and negotiator between Maori
northern rangatira, Taiwhanga.
and Pakeha.
By the late 1830s speculative land pur-