Te Tiriti o Waitangi explained

Source: Archives New Zealand. 

Te Tiriti o Waitangi is an important document within Aotearoa; it’s an agreement made between Māori and the Crown, signed on February 6th, 1840. Te Tiriti is often referred to as the founding document of Aotearoa. Due to the proposed idea of a Treaty referendum, it is important to have a basic understanding of Te Tiriti and its relevance today. 

Why Te Tiriti? 

Before the colonisation of Aotearoa, Māori had developed a thriving trade operation with whalers and sealers. They were also welcoming to individuals who wished to settle in Aotearoa, such as missionaries and Pākehā. However, as Aotearoa was not considered a British colony, some of the settlers, whalers, and sealers engaged in lawless behaviour, which caused many issues within the country. 

This behaviour, and the opportunities the Crown could provide for trade, were two of the motivations Māori had for signing Te Tiriti. The Crown also wanted to have the ability to govern their people, as the lawless behaviour was affecting everyone. Another motivation for a treaty from the British was to gain sovereignty over Aotearoa. 

“Reconstruction of the Signing of the Treaty of Waitangi” by Marcus King. Source: Archives New Zealand. 

The translations  

Article One  

Te Reo Māori: Gave Queen Victoria “te kawanatanga katoa” (governance or government) over the land. 

English: Gave the Queen “all rights and powers of sovereignty” (authority) over the land. 

Article Two 

Te Reo Māori: Confirmed and guaranteed the rangatira (chiefs) “te tino rangatiratanga” (self-determination, autonomy) over their lands, villages, and “taonga katoa” (all treasured things). Māori agreed to give the Crown the right to deal with them over land transactions. 

English: Confirmed and guaranteed the rangatira “exclusive and undisturbed possession of their lands and estates, forests, fisheries, and other properties’.” The Crown sought an exclusive right to deal with Māori over land transactions. 

Article Three 

Te Reo Māori: The Crown’s assurance that Māori would have the Queen’s protection and all rights afforded to British subjects. 

This was an accurate translation in the English version. However, the rights were not defined. 

Differences in translations 

The translations of Te Tiriti are one of the main sources of conflict and debate around Te Tiriti. This is mainly due to the difference between the words “sovereignty” and “tino rangatiratanga.” 

The basic definition of “sovereign” is supreme power of authority over a nation. This means that in the English version, the Crown would have the right to colonise the land, since they would take over government and assert control. The English version was primarily signed by Crown representatives. 

Rangatira signed the te reo translation, which agreed to the Crown creating a government to govern the country. The intention behind this was to govern their people. It also guaranteed tino rangatiratanga over their lands, villages, and taonga katoa. 

“Tino rangatiratanga” can be translated as self-determination; this means that Māori were guaranteed the right to continue to have the autonomy over themselves and their assets. Although they gave the Crown permission to govern the land when they signed, Māori did not agree to sovereignty, as they were guaranteed their autonomy over their land, villages, and taonga katoa. 

The Crown’s attitude towards Te Tiriti  

The Crown did not uphold its obligations under Te Tiriti. One of the reasons for this is because the Crown did not acknowledge the te reo version, instead interpreting Te Tiriti based on the English text. This meant that they did not provide rangatira with the rights of tino rangatiratanga, as it conflicted with their views. 

Although Te Tiriti promised protection of Māori land rights as seen in Article Two, this was ignored by the government, along with many of the other promises made in Te Tiriti. 

By 1860, almost the entire South Island was alienated from Māori. By the early 1890s, around two-thirds of the North Island had been alienated, and land loss continued through the 19th and 20th centuries. 

Māori land was alienated through purchase and confiscation. This was done through different policies such as the New Zealand Settlements Act 1863, which ruled that land of any iwi that “engaged in rebellion” against the government would be confiscated. 

Although Māori did not seek sovereignty through signing Te Tiriti, in May 1840 Lieutenant-Governor William Hobson declared British sovereignty over New Zealand – this included the Māori who did not sign Te Tiriti as well as the Māori who did. 

Furthermore, The Crown rendered Te Tiriti as a “nullity” in 1877. This judgement was made by the Chief Justice, who declared Te Tiriti “worthless.” This ruling was used to further justify the alienation of Māori land. 

Under the Crown’s nullity of Te Tiriti, Māori did not just lose land. They also lost economic stability, as they had lost the land on which they farmed and gathered food for trade. They also lost important aspects of their culture, such as their language. 

The loss of Māori culture was enforced through attempts at assimilation, the urbanisation of Māori, and policies including the Tohunga Suppression Act 1907, which banned traditional healing practices, and the 1867 Native Schools Act, which banned children speaking te reo in school. 

Though they are no longer active, these acts and policies have had detrimental effects on Māori, and have contributed to socioeconomic disadvantage which can still be seen today. 

The principles of Te Tiriti  

A relevant aspect of Te Tiriti are its principles. Since Te Tiriti o Waitangi was not a legal document, it does not feature explicitly in our law. However, because of the efforts made starting from the 1900s to implement and honour Te Tiriti, principles were created to represent Te Tiriti within law. There is no final or complete list, but the most well-known principles are the three Ps. 

Partnership: Te Tiriti created a relationship between Māori and the Crown, and both parties must act with the utmost good faith. 

Participation: The Crown will provide tāngata whenua with opportunities to engage with decision-making processes at all levels. 

Protection: Active protection of Māori interests, rights, taonga, and rangatiratanga must be a government priority. 

Te Tiriti in the contemporary era 

Due to years of work and protest done by Māori, Te Tiriti is recognised in Parliament in the present day as a legitimate agreement. It is important to understand that colonisation is still happening. Just because Te Tiriti has been legitimised, it does not mean everything is alright for Māori and that people respect and honour Te Tiriti. This is seen in Parliament and through the discourse in Aotearoa – Te Tiriti is still being heavily debated. 

Some policies have been put in place for the purpose of honouring Te Tiriti. In 1975, the Waitangi Tribunal was created. The Waitangi Tribunal is a government department in which iwi and hapū can put a claim in against the Crown to gain redress (to set right) harm done by the Crown. 

Another way in which Te Tiriti has been honoured recently was the creation of co-governance. However, the new government has halted progress on this issue. 

These are only two examples of ways Te Tiriti have been honoured in government. Māori are still fighting for Te Tiriti to be honoured. This has been done through peaceful protesting, hīkoi (march), wānanga (discussion), hui (meeting), and through Māori working within the government system. The most recent example of this was the hīkoi to honour Te Tiriti at Waitangi on Waitangi Day, 2024. 

Summary  

Te Tiriti is an extremely important agreement which, throughout history, has been ignored by the Crown. In the future, Te Tiriti is important for the development of Māori in all areas of society. This is only a brief overview of Te Tiriti; if you’d like to look deeper into the history, visit Te Ara, NZHistory, or The Guardian’s Treaty explainer.