Treaty of Waitangi

JamesBusbyNZ

WilliamHobsonGovNZ

HenryWilliams, missionary (1792-1867)

Reconstruction of the Signing of the Treaty of Waitangi, Marcus King (16044258961)

NZ-Waitangi

Treaty of Waitangi all documents

Treaty of Waitangi

The Treaty of Waitangi (Te Tiriti o Waitangi) is a foundational document in New Zealand's history, signed on February 6, 1840, by representatives of the British Crown and Māori chiefs (rangatira) from the North Island of New Zealand. It is considered a pivotal event in the relationship between the indigenous Māori people and Europeans, primarily the British settlers. The treaty established British law in New Zealand, while ostensibly protecting Māori rights to their lands, forests, fisheries, and other possessions, and giving Māori the rights of British subjects.

Background

Prior to the Treaty of Waitangi, New Zealand was largely inhabited by Māori tribes or iwi, each with its own social and political structure. European contact began in the late 18th century, primarily through whalers, traders, and missionaries. By the 1830s, the number of Europeans living in New Zealand, often lawlessly, was increasing, leading to growing concerns among Māori and British about law and order and the need to protect Māori land from unscrupulous transactions.

Treaty Negotiations

The British government appointed William Hobson as consul to New Zealand in 1839, with instructions to secure British sovereignty over New Zealand through a treaty with Māori. Hobson arrived in New Zealand in January 1840 and, with the help of missionaries and Māori chiefs, drafted the Treaty of Waitangi. The English and Māori versions of the treaty contained significant differences in interpretation, particularly regarding sovereignty and land rights, which have been a source of contention ever since.

Signing

The Treaty of Waitangi was first signed on February 6, 1840, at Waitangi in the Bay of Islands by Hobson, several English residents, and approximately 40 Māori chiefs. Over the following months, copies of the treaty were taken around New Zealand, and it was signed by over 500 Māori chiefs. The signing was a mix of formal ceremony and traditional Māori gatherings, which included discussions, feasting, and gift exchanges.

Aftermath and Legacy

The immediate aftermath of the Treaty of Waitangi saw varying degrees of misunderstanding and conflict over land sales and sovereignty. The differences between the English and Māori texts have led to disputes that continue to this day. The treaty was largely ignored by the British colonial government in New Zealand for many years, leading to a series of conflicts known as the New Zealand Wars.

In the 20th century, the Treaty of Waitangi began to be acknowledged as a living document, with its principles guiding the relationship between the New Zealand government and Māori. It has become the cornerstone of New Zealand's race relations and a critical part of the country's legal and political landscape. The Waitangi Tribunal, established in 1975, is a permanent commission of inquiry tasked with interpreting the treaty and investigating Māori claims of breaches of the treaty by the Crown.

Treaty Principles

The principles of the Treaty of Waitangi, as interpreted by the Waitangi Tribunal and New Zealand courts, include partnership, participation, and protection. These principles guide the government's relationship with Māori, including obligations to act reasonably, in good faith, and with the utmost respect towards Māori interests.

Contemporary Significance

Today, the Treaty of Waitangi is celebrated annually on Waitangi Day, a public holiday in New Zealand. It is recognized for its role in shaping New Zealand society and its ongoing importance in New Zealand law, governance, and cultural identity. The treaty remains a living document, central to discussions about Māori sovereignty, land rights, and social justice in New Zealand.