The Treaty of Waitangi

The Treaty of Waitangi was signed on 6 February 1840 at Waitangi in the Bay of Islands.

It was initially signed by approximately 45 Maori chiefs and by Captain William Hobson and several English residents on behalf of the British Crown. The Treaty was then circulated throughout Northland to obtain more Maori signatures, before being copied and distributed throughout the country. Ultimately, 579 chiefs signed the document. This process took around six months.

The Treaty was written in both English and Maori. Translated by the missionary Henry Williams and his sons, it was believed that there was no exact Maori equivalent to some of the English terms. Many believe the Maori understanding of the Treaty was at odds with what they were actually signing, as only 39 of the Maori chiefs signed the English-language version.

As a result, there are discrepancies between the meanings of the two versions. These differences have resulted in considerable controversy in the interpretation of the Treaty and the application of the Treaty principles.

The purposes of the Treaty were to protect Maori interests, to promote settler interests in acquiring land and to secure the Crown's position in New Zealand. For the Maori people, the Treaty was intended to require the British Crown to preserve law and order between the Maori and Pakeha (European settlers), to protect Maori trade, and to guarantee Maori control of land and other resources. This was clear in the Maori text of the Treaty, which gave limited rights of governorship to the British Crown. In contrast, the English-language version gave full sovereignty to the British Crown.

History of settlement

Settlers became prominent in New Zealand from 1800. Until the 1830s, official British policy towards New Zealand was marked by a reluctance to intervene formally.

That changed in 1831, when a petition was sent to King William IV from 13 Maori chiefs and the missionary Samuel Marsden, requesting that the King become a 'friend and guardian of these islands'. The petition outlined concerns about possible takeovers from other nations and asked that the Maori people be protected from the misconduct of British people in New Zealand. The lawlessness of the British subjects was becoming distressing and included the murders of a Maori chief and his family in the South Island.

Partly for humanitarian reasons, but primarily to protect British trade interests, the British Government appointed James Busby to act as British Resident. He arrived in May 1833 and set up residency at Waitangi, with the idea of establishing an Independent Maori government. In 1835, Busby called the Maori chiefs together to sign the Declaration of Independence, which stated that sovereign power and authority would reside in the hereditary chiefs, and that Britain would be the parent of their independent state, protecting it from all threats to its independence.

Misconduct by the British settlers was still rife in the late 1830s, however, and speculative land purchases of dubious legality were taking place around the country. In 1838, the more law-abiding settlers, traders and missionaries petitioned the Crown for more effective government. Primarily to protect their trade and economic interest in New Zealand, the British finally accepted calls for more formal colonisation and sent Lieutenant Governor William Hobson with instructions to acquire sovereignty.

Because Britain had recognised Maori rights in the Declaration of Independence, and this was binding on the faith of the Crown, no claim could be made on New Zealand without Maori agreement. Consequently, the Treaty of Waitangi was conceived.

Read PG McHugh's analysis of the jurisprudence of Treaty principles that have emerged in New Zealand over the past few decades, "Treaty Principles": Constitutional Relations Inside a Conservative Jurisprudence, republished with grateful permission.