Historical Background: PDF 142KB

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HE TIROHANGA Ö KAWA KI TE TIRITI O WAITANGIBut now as things are, no, no, no … (Turning to Hobson, TamatiWaaka Nëne continued:) O Governor, sit … Do not thou goaway from us; remain for us – a father, a judge, a peacemaker.Yes, it is good, it is straight. Sit thou here, dwell in our midst… 122Patuone Nëne, a leader among Ngäpuhi, followed his elder brother,supporting his views and associating the Governor with the benefitsbrought by the missionaries and the ‘Word of God’:What shall I say on this great occasion, in the presence of allthese great chiefs of both countries? Here, then, this is myword to thee, O Governor! Sit, stay – thou, and the missionaries,and the Word of God … 123Issues debated at Waitangi were reiterated at other Treaty signings. AtHokianga, Hobson was met with strong opposition by the local chiefs.Taonui reiterated the significance of land to Mäori:We are not good (or willing) to give up our land. It is from theearth we obtain all things. The land is our Father; the land isour chieftainship; we will not give it up. 124Kaitoke charged that Mäori had been cheated in their dealings withthe Päkehä:We gave you land, you gave us a pipe, that is all. We have beencheated, the Päkehäs are thieves. They tear a blanket, maketwo pieces of it and sell it for two blankets. They buy a pig forone pound in gold, and sell it for three. They get a basket ofpotatoes for six pence, sell it for two shillings. This is all theydo; steal from us, this is all. 125At Kaitaia, Mäori concerns to ensure that their own laws would remainintact were repeated. Nopera Panakareao, the leading rangatira ofMuriwhenua, voiced an oft-quoted phrase: “The shadow of the landgoes to the Queen, but the substance remains with us”. 126 The remarksof Nopera Panakareao clearly communicated his understanding thatMäori law, customs, and authority over their lands were to be preservedand respected. 127 The remark followed assurances from the Crown’srepresentative, Lt. Willoughby Shortland, that Governor Hobson wouldstrictly honour all the obligations which the Treaty imposed on him inthe Queen’s name.36
A GUIDE TO THE PRINCIPLES OF THE TREATY OF WAITANGI AS EXPRESSED BY THE COURTS & THE WAITANGI TRIBUNALEvents which established theBritish Crown’s sovereignty over New ZealandHobson assumed that sovereignty was vested in the Crown at Waitangiand ratified by later signings. Within a few months of the Waitangisignings, however, he became anxious about news that the New ZealandCompany settlers intended to establish their own form of selfgovernmentat Port Nicholson (Wellington). 128 On 21 May 1840,Hobson accordingly declared sovereignty over the whole of NewZealand; over the North Island on the grounds of cession through theTreaty (referring to the Treaty of Waitangi signed on 6 February 1840)and over the South Island and Stewart Island on the grounds ofdiscovery by Captain Cook in 1769, although by May 1840 some SouthIsland chiefs had already signed the Treaty. On 2 October 1840 theacquisition of New Zealand by the Crown was officially announced inthe London Gazette. As stated by Justice Richardson in the Landscase (1987), it seems widely accepted that as a matter of internationaland colonial law, the May proclamations along with the subsequentGazette notice established Crown sovereignty over New Zealand. 129In a High Court decision, Justice Durie, also the Chairperson of theWaitangi Tribunal, said:[The Treaty of Waitangi] was no doubt an extremely importantdocument in underpinning the decision of the Crown toannex New Zealand and giving it some moral validity to do soand assisting the Crown at that time to stand out against whatwere then rival interests from other Governments and in particulara Government of France. However, the Treaty ofWaitangi while underpinning the Government’s decision toannex New Zealand is not in fact the basis in law on which theGovernment has legal authority. Its authority arises from theProclamation of Sovereignty. 130Even given the dispute over the language used in the respective textsof the Treaty, and the uncertainty surrounding the events by whichBritish authority was established, it is generally thought that by buildingon the sovereignty proclaimed in May 1840, Parliament gained fullpowers to make law for New Zealand. 131Differences between the English and Mäoritexts of the TreatyAs discussed above, it seems very likely that during the Treaty signings,Mäori were given verbal promises in addition to those recorded in thetexts of the Treaty. There were several versions of the English text ofthe Treaty, and it also seems likely that the original English text, usedto provide the Mäori translation, has been lost.37
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Historical Background: PDF 142KB

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