Lecture 6, The Treaty of Waitangi Part 2 Wednesday, 7 November 2018 Lecture 6, The Treaty of Waitangi Part 2

Some facts Between ‘the Crown’ (Queen Victoria, Queen of England through her representative Governor Hobson) and the Māori Chiefs of New Zealand (500 signatures) Written in Māori and English Signed at Waitangi (Bay of Islands) on 6th February 1840 Copies traveled the country for Māori chiefs to sign Prior to 1840: - Cook and Scientific explorations - Whalers & Sealers - Traders & Timber workers - Little permanent settlement - Mutually beneficial relations (particularly economic) - Māori control (through numbers) & economic activity – barter to cash economy

Treaty structure Preamble Article one Article two Article three Article four (less often quoted) Epilogue

Meaning of the Treaty (Preamble) In English version The British intentions were to: protect Māori interests from the encroaching British settlement; provide for British settlement; establish a government to maintain peace and order. In Māori text The Queen's main promises to Māori were to: secure tribal rangatiratanga (chieftainship) secure Māori land ownership.

Article One In English version Māori ceded sovereignty to the British Crown In Māori version Māori ceded governance (‘kāwanatanga’) to the British Crown In the Māori text of the first article, Māori gave the British a right of governance, 'kawanatanga', whereas in the English text, Māori ceded 'sovereignty'. As a result, in this article, Māori believe they ceded to the Queen a right of governance in return for the promise of protection, while retaining the authority they always had to manage their own affairs.

Article Two In the English version … the Queen guarantees ‘the undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession.’ Emphasizes Māori property and ownership rights In the English text, the Queen guaranteed to Māori the undisturbed possession of their properties, including their lands, forests, and fisheries, for as long as they wished to retain them. This text emphasises property and ownership rights.

Article Two In Māori version Use of the word ‘rangatiratanga’ meaning chieftainship, and ‘taonga’ meaning treasures The Queen of England arranges and agrees to the Chiefs to the sub tribes to people all of New Zealand the unqualified exercise of their chieftainship over their lands over their villages and over their treasures all (Trans. Hugh Kawharu) The Maori version promises to ‘uphold the authority that tribes had always had over their lands and taonga’, emphasizing status and authority not property and ownership. The difference between kawanatanga, rangatiratanga and sovereignty is crucial in determining whether Maori ceded sovereignty.or governance rights. Resting on this is the judgment on the degree to which Article 2 guaranteed Maori specific rights - either customary usage of resources, ownership of resources, or to some form of self-government. The second article provides for land sales to be effected through the Crown. This gave the Crown the right to buy land from Maori first.

Article Three In English version …’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.’ In the Māori version … ‘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’. (Trans. in Orange, 1989) In the third article, the Crown promised to Māori the benefits of royal protection and full subjecthood (citizenship today). This text emphasises equality. Two issues here: This was not citizenship as we know it today - the political rights were not there (nor were they for most British subjects in Britain). While this article laid down the principle of equality between Maori and the British settlers, only (individual) propertied males (multiple ownership did not count) at the time were allowed to vote. There are two conceptions of citizenship in the treaty. One where all indiviidual citizens share a common political identity and allegiance, and have access to equal civil, political, and perhaps social rights. And secondly, a ‘differentiated’ form of citizenship in which citizens may have different collective identities and allegiances, and different rights and obligations associated with those allegiances. For example, Maori may have dual citizenship - as individuals and as members of hapu and iwi. This has caused a great deal of concern among Pakeha as we will see.

Article Four Found in Māori text only E mea ana te Kawana ko nga whakapono katoa O Ingarani, o  nga Weteriana, a Roma, me te Ritenga Maori hoki e tiakina ngatahitia e ia The government agrees to equally protect faiths/religions such as (those of) England (e.g. Anglican Church), the Methodists, Catholics and traditional Maori (ones). (trans. P J Keegan)

Differences? In translation Henry Williams (translator) shifted the document away from a Treaty of cession as it was originally drafted, towards a ‘protectorate’ in order to secure Māori Chiefs signatures.

(Epilogue) In the epilogue, the signatories acknowledge that they have entered into the full spirit of the Treaty. Today, the spirit of the Treaty are often seen as: Governance (1) Authority, self-management (2) Equality (3) Spiritual freedom (4) These words are important, for it is the principles of the Treaty, rather than the meaning of its strict terms, that the Waitangi Tribunal must determine today. Also it is what other institutions also work with and the arising of the idea of ‘principles’.

Treaty found in education policy Education Act National Education Goals (NEGS) National Administration Goals (NAGS) National Curriculum Framework (NCF)

Education Act 1989 PART 15 - ADMINISTRATION OF TERTIARY INSTITUTIONS Functions and duties of Councils 181. Duties of Councils - It is the duty of the Council of an institution, in the performance of its functions and the exercise of its powers,— (a) To strive to ensure that the institution attains the highest standards of excellence in education, training, and research: (b) To acknowledge the principles of the Treaty of Waitangi: (c) To encourage the greatest possible participation by the communities served by the institution so as to maximise the educational potential of all members of those communities with particular emphasis on those groups in those communities that are under-represented among the students of the institution: (d) To ensure that the institution does not discriminate unfairly against any person:

Treaty Principles Partnership ongoing relationship between the crown its agencies and Iwi Protection Māori interests by the state, wellbeing of Māori people by the Iwi and upholding and honouring the Treaty Participation in all aspects of New Zealand society.

National Education Goals (NEGs) Statements of government policy objectives and desirable achievement by school system NEG 9 Increased participation and success by Maori through the advancement of Maori Education initiatives, including education in Te Reo Māori consistent with the principles of the Treaty of Waitangi. NEG 10 Respect for the diverse ethnic and cultural heritage of the New Zealand people, with acknowledgement of the unique place of Māori.

National Administrative Goals (NAGs) Guidelines relating to school administration NAG 1 (v) Each Board through the Principal and Staff will: In consultation with the school’s Maori community, develop and make known to the school’s community policies, plans and targets for improving the achievement of Maori NAG 2 (iii) Each Board with the Principal and Teaching staff is required to report to students and their parents on achievement of individual students, and to the school’s community on the achievement of students and of groups including the achievement of Maori students against plans and targets referred to above.

Charters Charters must give effect to National Education Guidelines and must contain (S 61 of Act): 3 (i) The aim of developing for the school concerned policies and practices that reflect New Zealand’s cultural diversity, and the unique position of the Māori culture: and 3 (ii) The aim of taking all reasonable steps to ensure that instruction in tikanga Māori (Māori culture) and te reo Māori (the Māori language) are provided for full-time students whose parents ask for it

National Curriculum Statement (1993) Areas & levels of knowledge, understanding and skill to be covered, developed and achieved by students, during the years of schooling. The New Zealand Curriculum recognizes the significance of the Treaty of Waitangi. The School curriculum will recognize and value the unique position of Māori in New Zealand Society. All students will have opportunity to acquire some knowledge of Māori language and culture. Students will also have the opportunity to learn through te reo and ngā tikanga Māori. The school curriculum will acknowledge the importance to all New Zealanders of both Māori and Pakeha traditions, histories and values.

The Treaty in Te Whāriki The principle of Empowerment relates to The New Zealand Curriculum Framework principles of encouraging children to become independent and lifelong learners, of providing equal educational opportunities for all, and of recognising the significance of Te Tiriti o Waitangi. (p. 40)

The NZ Curriculum: Draft for consultation 2006 No mention of Treaty of Waitangi Principles - Cultural Heritage “All students experience a curriculum that reflects New Zealand’s bicultural heritage and its multicultural society. Students who identify as Māori have the opportunity to experience a curriculum that reflects and values the ao Māori.” p9

Changes in March 2007 to draft curriculum Ministry of Education decides it has made a mistake removing the Treaty from the Curriculum and reports that it will be re-included Why ? Intense pressure from Māori Party MPs, other MPs, Race Relations Conciliator etc. etc.

NZ Curriculum 2008, Principles Treaty of Waitangi The curriculum acknowledges the principles of the Treaty of Waitangi and the bicultural foundations of Aotearoa New Zealand. All students have the opportunity to acquire knowledge of te reo Maori me ōna tikanga.

How is it applied to schooling practices? Māori immersion schooling, tertiary institutes, teacher education, etc. Biculturalism/bilingualism Targeted Initiatives (teachers & students) Māori experiences BoT’s membership School Charters Whānau meetings Iwi Education Partnerships (IEPs)

Other uses in Education contexts Treaty is referred to in government department documentation such as “Statements of Intent” and Strategic Plans Treaty is referred to in documentation of Education organisations such as NZ Teachers Council (now Education Council of Aotearoa/NZ) and Teacher Unions (NZEI, PPTA)

Code of Ethics for Registered Teachers The professional interactions of teachers are governed by four fundamental principles: Autonomy to treat people with rights that are to be honoured and defended, Justice to share power and prevent the abuse of power, Responsible care to do good and minimise harm to others, Truth to be honest with others and self. Application of the Code of Ethics shall take account of the requirements of the law as well as the obligation of teachers to honour the Treaty of Waitangi by paying particular attention to the rights and aspirations of Māori as tangata whenua. NZ Teacher’s Council Code of Ethics

NZEI NZEI Te Riu Roa is committed to honouring and giving effect to the Treaty of Waitangi within education and inside the union. The union's Maori structures are supported in their work to improve the quality of Maori education.

NZEI: Our Role NZEI Te Riu Roa is equally concerned about the quality of the education service members are able to provide as we are about the terms and conditions under which they work. Our main objectives are to: Give honour and effect to the Treaty of Waitangi with Maori and Tauiwi being equal parties in Institute operations;

PPTA PPTA Constitution has a whole section on The Treaty of Waitangi. see http://www.ppta.org.nz/

Opposition to Treaty: Principles Court of Appeal NZ Maori Council v Attorney General [1987] (1) partnership (2) active protection Labour Government (1989) (1) principle of government (the kawanatanga principle) (2) principle of self-management (the rangatiratanga principle) (3) principle of equality (4) principle of reasonable cooperation (5) principle of redress Dr Janine Hayward – four reconciling principles (1) active protection (2) the tribal right to self regulation (3) the right of redress for past breaches (4) the duty to consult

Other opposition to the Treaty Moves to remove all references to the Treaty from legislation Others (Rata, 2003)

References Kawharu, I. H. (Ed.). (1989). Waitangi: Maori and Pakeha perspectives of the Treaty of Waitangi. Auckland: Oxford University Press. Ministry of Education. (1996). Te Whāriki: He Whāriki Mātauranga mō ngā mokopuna o Aotearoa: Early Childhood Curriculum. Wellington: Learning Media. Ministry of Education. (2008). The New Zealand curriculum framework. Wellington: Learning Media. Ministry of Education. (2006). The New Zealand Curriculum: Draft for consultation 2006. Wellington: Learning Media. Orange, C. (1987). The treaty of Waitangi. Wellington: Allen & Unwin. Orange, C. (2004). An illustrated history of the treaty of Waitangi. Wellington: Bridget Williams. Rata, E. (2003). The Treaty and Neotribal Capitalism. Public Sector, The Journal of the Institute of Public Administration New Zealand, 3(September), 2-6.