The Treaty of Waitangi When Where Why Who How does it effect us in NZ today and in the future?

On the 6 th of February, 1840, at Waitangi, a document was signed between the British Crown, on behalf of Queen Victoria, and some Maori chiefs of New Zealand This document became known as the Treaty of Waitangi The Treaty was an agreement between the British Crown and the Maori who signed it.

The treaty promised that the British Crown would respect certain things which Maori held to be very important. In return for promises made by the British Crown, Maori who signed agreed that Great Britain would be responsible for some sort of control over NZ. Maori interests would be protected by this agreement.

Maori were promised all the rights and freedoms of British subjects. Even on these basic facts there might be some disagreement. Since 1840 this apparently simple document has become the subject of much concern, debate and disagreement. Concern was evident soon after it was signed.

The Treaty – Two Versions Maori version (which the Maori chiefs signed) Pakeha version (which was the copy sent to the Queen) Note – Many Maori chiefs did not sign either version. Were the 2 versions exactly the same?? No…

The Treaty is made up of 4 parts: 1. Preamble 2. The first article 3. The second article 4. The third article (In the Maori version there is also a 4 th article)

Preamble The preamble is a shortened version of the TOW. The preamble of the English version states that British intentions were to: Protect Maori interests from the encroaching British settlement Provide for British settlement, and Establish a government to maintain peace and order

The Maori version of the TOW The Maori text has a different emphasis. It suggests that the Queen’s main promise to Maori were to: Secure tribal rangatira (chief/land) Secure Maori land ownership

Sovereignty, Governance and the first article… The key difference between the 2 versions of the Treaty in the first article was in the two words governance and sovereignty. Governance (kawanatanga) is when you manage a country, not own it. Sovereignty is the ability to make laws in an area and over a group of people. In the Maori text of the first article, Maori gave the British a right of governance ‘te kawanatanga katoa’, whereas in the English Text, Maori ceded sovereignty.

The Second Article The Maori version of the second article used the word ‘rangatiratanga’ (chief owns the land) The word emphasises status and authority In the English version the Queen guaranteed to Maori the undisturbed possession of their properties including their lands, forests and fisheries.

2 nd article continued This text emphasises property and ownership rights The second article provides for land sales to be effected through the crown The purpose of this provision was not just to regulate settlement but to ensure that each tribe retained sufficient land for its own purposes and needs.

The third article In the third article, the crown promised to Maori the benefits of royal protection and full citizenship. This text emphasised equality.

Viewpoints... Being able to understand other peoples’ points of view, what they value and why is a very important skill. Perspectives and Values Perspectives are the reasons why people hold values and opinions about issues and/or resources. Types of perspective and values people have: People (social values) Land (environmental values) Law and order (political values) Money (economic values) Colony (colonial values) Maori (cultural values)

What were the viewpoints of the TOW in 1840?? Values Continuum | | | For Neutral Against

The Waitangi Tribunal The Waitangi Tribunal was set up by the Labour Government in 1975 to listen to grievances The government had been ignoring the promises made in the treaty. Initially the tribunal was only allowed to listen to complaints about matters that had happened since 1975, but in 1985 a new law was passed to allow claims caused by action back to 1840.

What is the Waitangi Tribunal? 16 people plus a chairperson, roughly half Maori and half Pakeha. The member are appointed by the Governor General on the recommendation of the minister for Maori Affairs and Justice. The people are chosen not only for their personal attributes but also for their knowledge and experience. They all share a common desire to help NZ become a better place to live for everyone

What happens when a claim is received? The claim is checked to make sure it is a ‘real’ claim. The Tribunal tells the Crown Law Office that a claim has been received. The Tribunal hears the claim. It listens to what all parties have to say The Tribunal writes its findings in a report. Sometimes it includes recommendations.

Facts about the claim are collected by The tribunal Anyone else concerned with the claim The crown law office The claimants

Negotiation and Mediation Sometimes the tribunal will recommend instead of the claim being heard by the tribunal, the claim should settle the problem directly with the government. At other times the tribunal will decide the government and the claimants should meet and talk with a mediator present who will try and help sort out the differences without taking sides.