“The Declaration of Independence has been one of the best-kept historical secrets. People in our workshops are often excited when they see it, and rightly so, because until you do it is really hard to understand the Treaty of Waitangi”. Mitzi Nairn (1995)

The Māori text Maori declared their authority and leadership of their country – mana belonged solely to the chiefs and stemmed from the land Affirmed their status as the highest authority in their lands and with their people Asserted that laws made in their land and with their people can only come from te wakaminenga – the assembly of chiefs in this land

… ko te mana i te whenua o te wakaminenga … kei nga Tino Rangatira anake ... translated as … all sovereign power and authority … reside(s) entirely and exclusively in the hereditary chiefs and heads of tribes in their collective capacity,

Laws of tikanga Obligations of rangatira – uphold tikanga and mana Mana expressed by hapū – collective authority

Ngapuhi evidence Illustrates Ngapuhi held complete authority in their lands Lived by their own dynamic tikanga Prosperous economies, trading relationships based on traditions of alliance and diplomacy Te Wakaminenga formed to address new relationships Te Wakaminenga gained in membership and influence from 1808 onwards

Ka mimiti te puna i Hokianga, ka toto te puna i Taumarere Ka mimiti te puna i Hokianga, ka toto te puna i Taumarere. Ka mimiti te puna i Tāumarere, ka totō te puna i Hokianga. Ngāpuhi kōwhao rau

The Maori text – was misinterpreted in Busby’s translation – this is what the Crown worked from A rangatira proclamation

Ngapuhi Speaks pp. 96-101 Pakeha writers privilege Pakeha figures in history Privilege Pakeha histories and so accounts are weighted toward ethnocentric viewpoints Such accounts ‘diminish the humanity of our Maori forebears’ None of the Crown witnesses who gave evidence consider the Maori texts in examining the details

Timeline of events leading up to 1840 1838 Hobson offered job of Consul to NZ Bishop Pompallier lands in Hokianga James Clendon appointed US Consul in Bay of Islands Langlois seeks support for French Colony

Timeline of events leading up to 1840 Hobson told it was “impossible to send troops” to assist in NZ (Lord Normanby, Sec. of State) Lord Russell ordered Gov. Gipps to assist Hobson with troops NZ Co. begins settlement of Wellington.

Timeline of events leading up to 1840 January 29, 1840 Hobson takes up his appointment in Aotearoa His instructions from Sec. of State Seek sovereignty Promise rights and possessions Offer British citizenship

Te Tiriti o Waitangi & The Treaty of Waitangi An exchange of acknowledgements and promises that implied obligations for both parties

Preamble Outlines purpose and intention of the Treaty. to preserve the paramount authority of the chiefs maintain peace and will set up the Queen’s “governance” to do that Undertakes to protect Māori Rights and Property, secure peace and good order and gain recognition of Her Majesty’s Sovereign

Te Tiriti Waitangi – Feb. 6th, 1840 Signatories - Hobson for the Crown - Māori Chiefs Four Articles to Te Tiriti Article 1 governance Article 2 guarantee Article 3 citizenship Article 4 freedom of religion

Tiriti - Ko te tuatahi The first (article) Ko nga rangatira o te W(h)akaminenga me nga Rangatira katoa kihai i uru ki taua w(h)akaminenga ka tuku rawa atu ki te Kuini o Ingarangi ake tonu atu – te Kawanatanga o o ratou w(h)enua translates as The chiefs of the Confederation and all the Chiefs who have not joined that Confederation give absolutely to the Queen of England forever the Kawanatanga (governance) of their lands governance Here we have the acknowledgement of the document that went before this. The Dec. of Indep Kawanatanga = governorship/governance

Treaty - Article the first The Chiefs of the Confederation of the united tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or possess over their respective Territories as the sole sovereigns thereof SERIOUS MISTRANSLATION OF THE MAORI

Tiriti - Ko te tuarua The second (article) Ko te Kuini o Ingarangi ka w(h)akarite ka w(h)akaae ki ngā Rangatira – ki nga hapū ki nga tāngata katoa o Nu Tireni te tino rangatiratanga o ō rātou w(h)enua ō rātou kāinga me ō rātou taonga katoa. Otiia ko ngā Rangatira o te W(h)akaminenga me ngā Rangatira katoa atu ka tuku ki te Kuini te hokonga o ērā wāhi w(h)enua e pai ai te tangata nōna te w(h)enua – ki te ritenga o te utu e w(h)akaritea ai e rātou ko te kai hoko e meatia nei e te Kuini hei kai hoko mōna Tino rangatiratanga = absolute sovereignty = autonomy Maori agree that land that they wished to dispose of would be offered for sale firstly to the Crown/government.

Ko te Kuini ka whakaae ki nga Rangatira te tino rangatiratanga o o ratou w(h)enua o ratou kainga me o ratou taonga katoa translates as The Queen agrees to the Chiefs having the unqualified exercise of their paramount authority (sovereignty) over their lands, villages and all their treasures.

Ko ngā Rangatira ka tuku ki te Kuini te hokonga o ērā wāhi w(h)enua e pai ai te tangata nōna te w(h)enua translates as The Chiefs allow the Queen to trade for [the use of] those parcels of land which those whose land it is consent to…

Treaty - Article the second Her Majesty the Queen of England confirms and guarantees to the Chiefs and tribes of New Zealand and to the respective families and individuals thereof the full and exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess as long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors and persons appointed by Her Majesty to treat with them in that behalf. guarantee

Ko te tuarua / Article the second Tino rangatiratanga = unqualified exercise of paramount authority (i.e. sovereignty) becomes full exclusive and undisturbed possession Ka tuku te hokonga = allows to trade [for the use] Exclusive right of pre-emption SERIOUS MISTRANSLATIONS OF THE MAORI

Tiriti - Ko te tuatoru Translates as Hei whakaritenga mai hoki tenei mo te w(h)akaaetanga ki te Kawanatanga o te Kuini – Ka tiakina e te Kuini o Ingarangi nga tangata maori katoa o Nu Tireni ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarangi Translates as For this agreed arrangement therefore concerning the Governance of the Queen, the Queen of England will protect all the ordinary people of NZ and will give them all the same entitlements as her people of England

Treaty - Article the third In consideration thereof her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the rights and privileges of British subjects. citizenship

Constitutional Lawyer Moana Jackson: Treaties are made between sovereign nations They are signed by mutual agreement They are based on respect and good faith

What should have happened: Māori would have greatly benefited from British immigration, remaining in complete control of their lives and all their resources and accessing and using English technology, literacy, trading opportunities and the Christian religion. Responsibility for the lawlessness of the British immigrants was now the Queen of England’s

What happened Despite clear instructions from the British government to adhere to the Treaty, British immigrant settlers acquired an insatiable greed for Māori land and resources and an immovable determination to have complete political and economic dominance in New Zealand. They therefore ignored those instructions and violated the Treaty with impunity – and continue to do so. Waitangi Tribunal reports attest to the violation of the treaty and we shall be studying these ourselves.

What happened Walker (2004:93) “…subsequent to the signing of the treaty, the Pakeha behaved towards the Māori on the assumption they held sovereignty, while Māori responded in the belief that they had never surrendered it.” Māori continue to believe today that we have never ceded sovereignty (Ngapuhi Speaks).

Te Tiriti o Waitangi & The Treaty of Waitangi An exchange of acknowledgements and promises that implied obligations for both parties. The Treaty provides the basis or the right by which Pakeha have residence here in Aotearoa Durie: