Historical Background: PDF 142KB

A GUIDE TO THE PRINCIPLES OF THE TREATY OF WAITANGI AS EXPRESSED BY THE COURTS & THE WAITANGI TRIBUNALreceived a mixed reception, its significance for Mäori lay in a belief“that the mana of New Zealand, closely associated with the mana ofthe chiefs, had been recognised by the British Crown”. 71The following year, Busby heard that a Frenchman, Baron Charles deThierry was planning to set up a “sovereign independent state” in theHokianga. This news and other events prompted him to call a secondmeeting on 28 October 1835, attended by 34 northern chiefs, at whichthey signed a document drafted by Busby and translated into Mäori,entitled: The Declaration of Independence - He Whakaputanga o teRangatiratanga o Nu Tireni. 72 The English text of the Declarationasserts the independence of New Zealand, “under the designation ofThe United Tribes of New Zealand”, and states that:... all sovereign power and authority within the territories ofthe United Tribes of New Zealand ... reside[s] entirely and exclusivelyin the hereditary chiefs and heads of tribes in theircollective capacity, who also declare that they will not permitany legislative authority separate from themselves … nor anyfunction of government to be exercised within the said territories,unless by persons appointed by them and acting under theauthority of laws regularly enacted by them in Congress assembled.73In the Declaration, the United Tribes ask King William the VI to“continue to be the parent of their infant State” and to “become itsProtector from all attempts upon its independence”. Other tribeswere invited to sign the Declaration, and the number of signatoriesreached 52 in 1839, mostly representing tribes from the north of theNorth Island. 74 Despite this support, a pan-tribal form of governancedid not eventuate.The Declaration was acknowledged by the Colonial Office with theassurance that the King would protect the Mäori people, providedthis protection was consistent with a due regard to “the just rights ofothers and to the interests of His Majesty’s subjects”. 75 The responseof the British Colonial Office indicates that New Zealand wasrecognised as an independent state, albeit one in a protectoraterelationship with Britain. Later, as preparations were made for thedrafting of the Treaty of Waitangi, British officials instructed Hobsonto take special care to obtain the signatories of those chiefs who hadsigned the Declaration of Independence.Today, the Declaration is considered by the Courts to be of no legaleffect in New Zealand, 76 and has not been accepted as a basis for anylegal rights or duties. It retains significance in political andconstitutional discussion, and is of special importance to the27