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Text

Treaty of Waitangi

Notes:

1769 - J Cook

Maori population - 350,000

Governed by - Tikanga and Kawa (principals) ------- Constitution made by chiefs and iwi representatives.

Iwi- tribe,

Hapu- Subtribe, Swell with life

Whanau - Family

Whenua - Land

Trebas

Mana : Status, prestige, power, respect, strength etc. Bound by spiritual power - whakapapa (genealogy) in terms of mana in relates through authority and ancestry. Can enhance Mana through acts e.g not sustained by class.

1769- Settlers, whalers, convicts (100 ) ------ 1814 - missionaries - John Busby hired to bring

back convicts to australia, was not granted an army/ defensive but rather told to use the relationships with Maori, in order to kick out convicts and therefore send them back to imprisonment in Australia.

1840- Euro 2,000 Maori- 250,000

1810-1830- 100,000 died of disease due to no exposure to outside germs, sicknesses, animals etc / immune system

.Iwi configerate agreements in order to divide land into provinces. - can also be done through war.

. Each province had their own autonomy and identity- was protected. Important because they had their own variations of language kawa/tikanga, and understandings of symbols etc.

1805- Te pahi - asks about european laws. Colonization dates back 400 years.

Trust and Trade. Te rauparaha made an agreement with a trader in order to get a ride with his warriors to seek revenge on a iwi. This meant the traders were untrustworthy to iwis. Iwi were reluctant to use traders because of this.

Missionaries- want to convert the uncivilised ( white man's burden)

Missionaries convert maori to a christian based society. Despised whalers, convicts etc because it does not fall under christian construct. Maori have own autonomy , interested in trade, technology, literacy, knowledge and medicine

Missionaries translated the bible into maori. In 1811 in Rangihoua opened the very first university for maori , in order for maori to be educated and taught christian ideals by Samuel Mardon.

Impact of colonization - Made trade with aboriginals in sydney- used as evidence to show that aboriginal people had laws when it comes to land.

1830- Paraone taoni ( ship) flagless ship (sought out as a pirate) . Needed a flag ------> Later, a flag was designed called Te Whakaminenga.

Blackbirding- Steal maori and pacific islanders and sell them to the slave trade.

Declaration of independence ----> Busby convinces them (Tribe) to declare that they are an independent sovereign nation that is governed by rangatira.

Civilised - Christian and white. Maori traded well, Bible study becoming more capable of being “ Civilised”. Opportunities to travel, maori gain information of the wider world. Maori want to protect trade and engagement. If sovereignty wasn't given to the queen, would maori have cars today : Yes due to trade.

After 1840- Economic takeover.

Edward wakefield- Plans to buy acres of land, and ship settlers over to colonise New Zealand.

Abolition of slave trade, sex slaves and child labour. - Humanitarian rights. Can no longer go to lands for the sake of acquiring resources for the queen because it comes at an extreme cost of indigenous people. 1839 - Edward leaves and claimed 3 million acres of land in New Zealand ( wairau massacre) . Sold onto settlers however found out to be a fraud. Mass immigration is about to begin in 1840, 1840- 2,000 settlers by 1870 there was a growth in settlers to 250,000 throughout 30 years. Maori not selling land fast enough for the settlers

Why history of settlers / colonization is important:

Motivations about why people were willing to sign the treaty

Why there's differences in the treaty text - isn't a word for it e.g transliteration( word that represents a word in another language e.g sounds like. . Kawanatanga (governor) - is a transliteration in the treaty made up to represent sovereignty. - maori first met this word in 1805 through tipahi ( went to australia to find out about european laws ). Kawanatanga seen in bible through missionaries, and the declaration of independence (rangatiratanga) in 1835. Declaration sent to France and England. Therefore maori knew what they were signing because they had heard the word sovereignty before.

Sovereign - power held by the sovereign , divine power (Mana, Rangatiratanga).

Background to treaty: Protecting maori and european from lawlessness. This statement comes from the savageness of society eg murder, rape, disrespect. There is no local authority to instate these laws this is why lawlessness has occurred in NZ. Busby was sent over as a man of war without the guns. What is needed is a local authority to insure that law is followed and respected even though maori has been asking for this a while ago. Establishing a government which is ruled by the queens law . Maori have laws already (tikanga and kawa) so the queens government is for europeans, as maori is preserving their independence and have their own kawa. People believe in white man's burden and that maori were uncivilised so therefore needed to be governed by the queens law. ---------> Maori have the absolute authority in NZ.

“ there are many of her subjects already living on this land , and others yet to come.” directly relating to Edward Wakefield.

France is not interested in colonizing the entirety of New Zealand.- given permission by the government to start settlement in New Zealand.

Nz freely making relationships with other nations.

Article one difference between maori and english text - give absolutely to the queen of england forever the complete government over their land.

Sovereignty in the english text because : British saying maori give absolute sovereignty, and the rule to the queen. Missionaries translated the bible and the treaty ( reason why maori did not understand this piece of information, they were taught otherwise). If they knew they would have broke ties/ ended relationship with england. - english did this so that under british law they are entitled to the resources of nz generation of greed. Need to keep this from the treat of France.

39 maori signatures on the english text .

540 maori signatures on the maori text.

Maori trust the missionaries because they are “righteous people” . Maori became christian and maori trusted the missionaries because they were christian and therefore trusted the treaty because it was directly related to the queen who has a “close link to god”

Article two difference between maori and english text :

Maori:

Independence over their lands, villages and all their treasures.

English:” The full exclusive and undisturbed possession of their lands and estates, forests, fisheries and other properties.”

Both also confirmed trade in land should maori wish to maori - trade english text- Pre-emption pre emption is in there because the english, plan is to buy for cheap land and then sell this land for more. However it is not in the maori treaty because it symbolise trade and independence instead of pre-emption -

Guaranteed Rangatiratanga - self management with resources under the law ( whose law? - one law e.g queens law?) . indigenous rights that pre-existed the treaty.

Independence: you are the one who makes the laws

Possession: Under capitalist rule . How assets etc may be acquired. English version is specific to possession. Seen as good to the movement of humanitarian movement.

TONGA - Treasures e,g feelings, values, tangible and intangible.

Article three difference between maori and english text:

Maori texts: “Ka tukua ki a ratou nga tikiranga katoa rite tahi ki ana mea ki nga tangata o ingarangi”

( Will give them the same rights and customs as her subjects of the people of england)

English texts: “Extends to the natives of New Zealand her royal protection and imparts to them all the rights and privileges of british subjects. “

Not to treat maori badly

Relationship with maori is important

Article four difference between maori and english text : Delivered orally not written

Maori texts ; “E mea ana kawana ko nga whakapono katoa o ingarangi o nga weteriana , o rama, me te ritenga maori hoki e tiakina ngatahitia e ia”

English phrase: “ The governor says the several faiths of england, of the wesleyans of rome and also the maori custom shall alike be protected by him” .

Problems : two texts written for different audiences.

Mcnairs law : 1960’s - not fair to blame , rather to blend treaties. 1975 waitangi treaty is blended between maori and british. Principals are a blend of current day principals and application .- how we come up with a partnership.

Kawanatanga---------> good governance

Rangatiratanga----------> Self determination ( means independence back in the day)

Rights and Customs ------------> Equality

Taonga-------------------------------------> Active Protection

Sovereignty + Rangatiratanga ---------------------------> Partnership

1840- governor

1882-1884- maori went over to make sure the queen upheld the treaty, maori were told that anything to do with the treaty is treated by the government ( why it is called the crown) - Maori not happy due to the conflict of interest- different power thresholds .

Development of maori

Savage

Noble savage

Led to be civilised

Good government : consult with maori .

Summary:

The treaty of Waitangi has essentially supported our greater acceptance of maori in today's society. The ongoing feud between settlers and maori sparked the declaration of independence in 1835 which declared that maori be ruled by tikanga and missionaries/settlers be ruled by the queens constitution however this was exploited. In 1840’s the treaty was signed, which stated maori had independence and rule over their land, villages and treasures and to protect maori and european from lawlessness. Nethertheless the british found a way to exploit the treaty through translation, for example the maori and the english text both have different claims, and due to maoris lack of understanding of english language and the lack of maori terms for english words, this manipulation was relatively easy for Britain. The english text states “ give absolute authority to the Queen of England, forever the complete govern over their land.” This fundamentally meant that Britain was entitled under law, to the resources of NZ and sadly it was signed by maori (which therefore established this law). If maori had known these translations, the treaty would not have been signed and all ties with Britain would have been cut. The effects of this treaty have been good and bad. Negative effects is Maori were and are still subjected to some kind of discrimination in society, not because of the genetic makeup but because of cultural or “civilised” superiority this included racism from the pakeha community. From 1926- 1940 maori received 25% less on pensions for old age. In 1937 Regarding the pension, the Treasury official Bernard Ashwin is quoted saying “On the face of it, it may appear equitable to pay the average Māori old-age pensioner the same amount per week as the average European pensioner, but in this matter questions of equity should be decided having regard to the circumstances,The needs and the outlook on life of the individuals concerned … the living standard of the Māori is lower – and after all, the object of these pensions is to maintain standards rather than to raise them”. Maori are also more subjected to poverty due to the barrier between pakeha and maori job equality. Employers are more likely to hire a white male over a maori male - not considerate to ethics and moral reasons but due to a perception of the quality of performance from each candidate, many people are hereditary racist and not consciously aware that they are discriminating maori, in today's society, discrimination is generally a more subconscious issue. Positive effects of the treaty include establishing a more integrated society between maori and pakeha, a general acceptance of maori in society and a decrease in racism and discrimination of maori and its culture.