TE TIRITI O WAITANGI 6 February 1840

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TE TIRITI O WAITANGI6 February 1840

• Does it Deliver for the Maori of Aotearoa New
  Zealand?

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MY KEY WISHES

• Share dates, events, facts and observations
• Let all present this evening make up their minds
  about the Treaty and its aftermath in the light
  of these
• Assess pakeha justice

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HE KUPU KEY WORDS

• English as a language cannot express the subtle
  nuances of Maori herein lies the major problem!
• Aotearoa Maori iwi/hapu Ngapuhi rangatira
  mana tupuna pakeha
• Tika pono

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TE TAI TOKERAU - NORTHLAND -
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TE WHARE TAPU O NGAPUHITHE SACRED HOUSE OF
NGAPUHI

• Papatuanuku is the Floor
• Ranginui is the Roof
• The Supporting Poles are the Sacred Mountains of
  Ngapuhi
• Puhangatohora Te Ramaroa Whiria Panguru
  Papata Maungataniwha Tokerau Rakaumangamanga
  Manaia Tutamoe Manganui

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TE WHARE TAPU O NGAPUHI

• It is within this house that the Treaty was
  conceived and created
• Nga tuhituhinga tuatahi o te Tiriti o Waitangi ko
  nga moko o nga rangatira o Ngapuhi!
• The first signatures on the Treaty of Waitangi
  are the tattoos of the chiefs of Ngapuhi!

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TE TAI TOKERAU - NGA IWI THE NATIONS -

• THE FIVE INTER-LINKED IWI TE AUPOURI, TE
  RARAWA, NGATI WHATUA, NGATI KAHU, NGAPUHI

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PATUONE C.1764 - 1872
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PATUONE
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PATUONE SIR GEORGE GREY
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TAMATI WAKA NENEc.1770-1871
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MANAIAWHANGAREI
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PEWHAIRANGI - BAY OF ISLANDS -
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PEWHAIRANGI - BAY OF ISLANDS -
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TUATAHI THE CONTEXT

• Maori started to travel to Poikahena (Sydney) in
  the 1780s-90s to transact business and trade
• Massive trade developed
• Rangatira received by Governors as kings
  demanding respect
• Missionaries arrived in Tai Tokerau first
  sermon, Christmas, 1814 Samuel Marsden

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THE CONTEXT

• Sir George Murray First European-style ship
  built in NZ. Built at Horeke, Hokianga.
  (Partners Patuone,Taonui, Gordon Browne, Thomas
  Raine). Arrived Sydney 18 November 1830 on its
  maiden voyage. Impounded. Sold to Thomas
  MacDonnell, 20 January 1831 for 1300.
  Patuone/Taonui made a declaration of support and
  MacDonnell an honorary rangatira. Temporary
  license granted in August 1831.

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Context

• 16 November 1831, letter from 13 Ngapuhi
  rangatira to King William IV of England.
• Reply from Viscount Lord Goderich, Colonial
  Office dated 14 June 1832. Appointment of the
  British Resident announced. James Busby arrived
  in 1833.
• 20 March, 1834, 25 rangatira chose the flag as
  the flag of the Confederation of the United
  Tribes of New Zealand. 21 gun salute. Gazetted in
  NSW 19 August 1835.

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Context

• 28th October 1835 Declaration of Independence of
  the United Tribes of New Zealand, signed by 35
  rangatira from the north and later by others
  (Potatau Te Wherowhero, Tainui Te Hapuku, Ngati
  Kahungunu).
• King William IV, through Lord Glenelg, Secretary
  of State for War and the Colonies, accepted their
  request, in a manner of speaking, couched in the
  diplomatic language of the day.
• Sir Richard Bourke, Governor of NSW (1831-37),
  affirmed this. Sir George Gipps (1838-46) tried
  to deny it as being a concoction of Busby and
  others.

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Context

• But, the fact remained. The Declaration had been
  made and accepted.
• Te Wakaminenga o Aotearoa The Nation of New
  Zealand existed!

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Te Tiriti o Waitangi

• 30th January 1840, invitations were sent out
  inviting rangatira to Waitangi. That sent to my
  great-great grand uncle, Nene, survives. It
  reads.

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Te Tiriti o Waitangi

• 30th day of January, 1840
• My esteemed friend
• This is my word to you once more a ship will be
  arriving, bringing a chief from the Queen of
  England to be a Governor for us all. So, it is
  for this reason that all the chiefs in the nation
  of New Zealand should assemble here on Wednesday
  of this holy week to meet him. Therefore my
  friend my reason is to invite you here to
  Waitangi, to my home once more, to this assembly.
  You too are a chief of those united as one. That
  is it, my word is done. Yours, from your esteemed
  friend, Busby.

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Te Tiriti o Waitangi

• Captain William Hobson. H.M.S. Herald
• There was no previous model anywhere the text
  was written in English over 4 days (James Freeman
  and James Busby) and translated overnight by Rev.
  Henry Williams into Maori. First problem.
• 'I certify that the above is as literal a
  translation of the Treaty of Waitangi as the
  idiom of the language will allow.'
• i.e. My command of Maori is very poor but I am
  doing my best!

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Te Tiriti o Waitangi

• 5th February 1840, the rangatira assembled for a
  two-day event. Pakeha expected it would be all
  over quickly and gifts would be given out. They
  were in for a shock!
• What was explained to rangatira and the Maori
  version created a different understanding what
  the chiefs thought they were signing and choosing
  is not what they ended up with! Maori did not
  respect bits of paper they respected verbal
  assurances as a matter of honour and mana. Kanohi
  ki kanohi!

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Te Tiriti o Waitangi

• Ko te Tuatahi
• Ko nga Rangatira o te Wakaminenga me nga
  Rangatira katoa hoki ki hai i uru ki taua
  wakaminenga ka tuku rawa atu ki te Kuini o
  Ingarani ake tonu atu-te Kawanatanga katoa o o
  ratou wenua.
• Article the First
• The Chiefs of the Confederation of the United
  Tribes of New Zealand and the separate and
  independent Chiefs who have not become members of
  the Confederation cede to Her Majesty the Queen
  of England absolutely and without reservation all
  the rights and powers of Sovereignty which the
  said Confederation or Individual Chiefs
  respectively exercise or possess, or may be
  supposed to exercise or to possess over their
  respective Territories as the sole Sovereigns
  thereof.

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Te Tiriti o Waitangi

• Key words kawanatanga rangatiratanga and
  taonga. The British thought Maori had ceded
  sovereignty Maori maintained they had not!
• There was a powerful, general mood not to sign.
  There was the matter of land sales.
• The great oratory of Heke, Nene and Patuone
  changed the mood. WHY?
• It was too late! Pakeha were there to stay
  goods, technology, systems, crops, agriculture
  desirability.

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Te Tiriti o Waitangi

• The coming of the pakeha had been foretold Te
  Matapo Te Maoi
• The chiefs adjourned to discuss the Treaty and
  were scheduled to return on Friday, 7th February
  1840.
• Impassioned discussion took place at night around
  the fire in the Maori way pakeha were surprised
  morning of 6 February, 1840, the chiefs indicated
  they were ready to sign so they could return home
  to more important business!

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Te Tiriti o Waitangi

• On the day, 45 chiefs signed and by the end of
  1840, 500 had done so including 13 women,
  rangatira in their own right. There were 9 copies
  in all. In October, 1840, the official English
  and Maori versions were sent to the Colonial
  Office in London.
• Waitangi was the only place where any explanation
  was given!

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Te Tiriti o Waitangi

• The Treaty was never ratified by Britain and
  ignored in New Zealand until c.1975.
• Nene said Pakeha are a very lying race!
• Successive NZ governments used legislation to
  trample Maori rights further and there were
  endless breaches.
• The British Government totally ignored Maori
  concerns and grievances and has never repaired
  the damage.

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Te Tiriti o Waitangi

• 1841 Land Claims Ordinance (unused land to the
  Crown)
• 1844 private land sales
• 1846 Protectorate Department abolished
• 1852 Constitution Act (21 plus males with title
  to land)
• 1859 illegitimate land sales (Teira)
• 1863 Native Lands Act (individualised title free
  sales)
• 1863 Suppression of Rebellion Act
• 1864 Native Reserves Act (settler control of
  reserved Maori land)

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Te Tiriti o Waitangi

• 1865 Native Land Court (proofs required agents)
  Judge Fenton he tangata kino he kuare!
• 1866 Oyster Fisheries Act (land loss)
• 1867 Maori Representation Act (4 MPs)
• 1867 Native Schools Act (assimilate)
• 1871 all instruction in English
• 1877 Judge Prendergast Treaty a simple nullity!
• 1879 amendments to simplify settlers obtaining
  Maori land
• 1879 Peace Preservation Act (I year hard labour
  for Maori who refused orders to relocate)

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Te Tiriti o Waitangi

• 1880 Maori Prisoners Act (200 Taranaki prisoners
  trying to prevent survey of confiscated lands)
• 1880 West Coast Settlement Act (2 years hard
  labour for opposing or hindering surveys for
  settlement)
• 1881 Natives Reserves Act (control of reserves
  vested in the Public Trustee)
• 1881, 2500 troops invade Parihaka to arrest Te
  Whiti
• 1886 Native Lands Administration Act (land to
  trustees who could sell it)
• 1893 Land Purchase Act (speed up sales)

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Te Tiriti o Waitangi

• 1894 Advances to Settlers Act (loans to pakeha to
  buy land from the government)
• 1894 Native Land Court Act (names on title as
  owners)
• Validation of Invalid Land Sales Act
• 1894 Land Settlement Act (control under land
  councils with no Maori members)
• 1897, 92 Maori arrested in Taranaki for
  protesting
• 1903, Prendergasts 1877 ruling upheld

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Te Tiriti o Waitangi

• Endless legislation discriminated against Maori
  2004 Foreshore and Seabed Act (removes any Maori
  right of challenge. Vests full legal and
  beneficial ownership in the Crown Maori rights
  are extinguished forever, without consent,
  investigation or consultation.
• 1975 Waitangi Tribunal Government not obliged to
  listen.
• Cases for compensation are still within the
  consideration of the Tribunal. Few have been
  settled.

34
Te Tiriti o Waitangi

• Some Key Points English Common Law applied to
  Maori with the signing of the Treaty. Native
  Title can only be extinguished under statute with
  the full and free consent of the owners. Such
  consent was never given!
• In Tamaki v. Baker, the Privy Council rejected
  the argument that there was no Maori customary
  law and pointed out that many existing statutes
  in New Zealand specifically mention it.
• RV Symonds Chapman J indigenous title is
  entitled to be respected, that it cannot be
  extinguished otherwise than by the free consent
  of the native occupiers.
• Arani v. Public Trustee Lord Philamore ruled
  that Maori Customary law enjoyed legal status in
  the European Courts.

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Te Tiriti o Waitangi

• Deadline for claims! 28 September 2008!
• To Maori, especially Ngapuhi, the mana of our
  tupuna has been trampled endlessly and for this,
  there is a price to pay in Maori, HE UTU.
• Tragedies visited upon many pakeha involved in
  the processes - accidental deaths, disease,
  curses, suicide, murder, strange accidents.
• 1953 Tangiwai Disaster (152 dead)
• 1963 Bynderwyn Bus Crash (15 dead)

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DATES AND YEARS

• 244 years since the birth of Patuone
• 173 years since the Declaration
• 168 years since the Treaty
• 136 years since the death of Patuone

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LAND LOSS

• In 1840, Maori owned 66,400,000 acres of land
• In 1891 it was 11,079,486 acres
• In 1975 it was 3,000,000 acres

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HE WHAKAMUTUNGA!

• WE SHOULD ALL REMEMBER
• Justice and the struggle for justice have no
  expiry date!
• History is a progression, both of key events and
  lessons we need to remember the first and learn
  the second!
• As Maori we represent continuity past-present
  and future!

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HE WHAKAMUTUNGA!

• Remember those ancient tohunga matakite, those
  seers? They also said this
• When those others are at the point of
  destroying our world, then they will come looking
  for us for they will have forgotten how to save
  it! We and our descendants will remember! Only
  then will they truly honour us!

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HE WHAKAMUTUNGA!

• This is a plea, an affirmation made on behalf of
  all those indigenous peoples of the earth, who
  have suffered and who continue to suffer at the
  hands of world powers and their agendas
• Kei hea te ture? E tatari mai ana!

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Nga mihi ano ki a koutou katoa!

• He waiata na Benjamin maua ko te whanaunga
  rangatira, ko Moeroa Tiatoa
• Kei Waenganui i te Awatea