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Balancing Rangatiratanga and Kawanatanga: Waikato-Tainui and Ngāi Tahu's Treaty Settlement Negotiations with the Crown

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Balancing Rangatiratanga and Kawanatanga: Waikato-Tainui and Ngāi Tahu's Treaty Settlement Negotiations with the Crown CORE Metadata, citation and similar papers at core.ac.uk Provided by ResearchArchive at Victoria University of Wellington Balancing rangatiratanga and kawanatanga: Waikato-Tainui and Ngāi Tahu’s Treaty settlement negotiations with the Crown Martin Fisher A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in History Victoria University of Wellington 2015 i ii Abstract Waikato-Tainui and Ngāi Tahu’s negotiations with the Crown produced the first two major iwi-based agreements of the modern era of Treaty settlements in New Zealand/Aotearoa. While the existing historiography has previously addressed the general parameters of each agreement, and some key players have briefly written about their involvement in the process, an analysis of both negotiations through the lens of the iwi (tribe) pursuit of rangatiratanga (or self-determination) and the Crown’s defence of its sovereignty and kawanatanga (or governance) increases our understanding of these precedent-setting Treaty settlements. Māori rangatiratanga and Crown sovereignty and governance were not the only factors that drove all parties in their negotiations, but they represented the dominant motivating force in terms of reaching agreements on very difficult issues. Through an investigation of Ngāi Tahu, Waikato-Tainui, Crown and public sources, this thesis identifies the balancing of iwi rangatiratanga and the Crown’s sovereignty and kawanatanga in four major areas of the process: the development of iwi governance systems post-settlement, the negotiation of the financial aspects of the settlement, the parameters surrounding the return of land, and the formulation of the historical accounts and Crown apologies. The political structures set by the Crown to govern the process influenced all aspects of the negotiation. Waikato-Tainui and Ngāi Tahu argued that a larger quantum would be necessary to achieve the finality and general financial certainty sought by the Crown, but were challenged most prominently by Treasury. Nonetheless both iwi were able to obtain significant concessions. The subsequent limit set on the total financial scope of each settlement also influenced the amount of land that was returned. In addition the Crown’s overall control of the process influenced the type of Crown lands that would be returned, and in Waikato-Tainui’s case, the legal form in which land was returned. The negotiations iii regarding the historical accounts and apologies that accompanied each settlement similarly were influenced by the limitations imposed by the Crown, in contrast to the specific details sought by Ngāi Tahu and Waikato-Tainui. The Crown was able to strengthen its governance by achieving settlements with Waikato-Tainui and Ngāi Tahu. Both iwi also were able to enhance their own rangatiratanga by settling their claims, enhancing their political power and influence regionally and nationally. Ultimately Waikato-Tainui and Ngāi Tahu’s Treaty settlements simultaneously reinforced the Crown’s sovereignty and kawanatanga and energised Ngāi Tahu and Waikato- Tainui’s pursuit of rangatiratanga. iv About the author Martin Fisher was born in Budapest, Hungary and grew up in Toronto, Canada and Wellington, New Zealand. He obtained a BA (Hons) from the University of Otago in 2006, and a Master of Arts (History) at McGill University in Montreal, Canada in 2008. Martin worked as an academic tutor for a range of courses in History, Political Studies and Management at the University of Otago, McGill University and Victoria University of Wellington. Before commencing his academic career, he worked in the Treaty of Waitangi claims process as a contractor researcher and, later, as a public servant. He is the author of reports commissioned by the Waitangi Tribunal, the Crown Forestry Rental Trust, and the Office of Treaty Settlements. From 2012-2014 Martin worked as a Research Analyst/Inquiry Facilitator at the Waitangi Tribunal. In 2014 he joined the University of Canterbury’s Ngāi Tahu Research Centre as a lecturer. v Acknowledgments First and foremost I’d like to thank my primary supervisor, Professor Richard S. Hill, for seeing this through from the beginning six long years ago. Placed in the precarious position of supervisor as well as subject in the story, Richard has provided me with the valuable insights of an inside player in the early years of New Zealand’s Treaty settlement process while also encouraging me to analyse the process, even if it meant criticising him! Great thanks are also due to my secondary supervisors, first Professor James Belich and then Cybele Locke, who each endured about three years with me. Without their encouragement and advice I would not have been able to finish this thesis. I especially would like to thank Cybele for her frank assessment of my work so late in my enrolment, it helped me immeasurably and strengthened my thesis. I consider myself extremely fortunate to have been supervised by three excellent historians. Jim McAloon from the Victoria University of Wellington History Department offered many useful suggestions during the final stages of drafting. I’m also grateful for the feedback provided by a former ToWPU official, Denese Henare, Shane Solomon, Anake Goodall, Bob Gregory and two OTS officials. Nonetheless, I take full responsibility for any faults that remain in my work. Other Stout Research Centre staff and residents such as former director Professor Lydia Wevers and former administrator Louise Grenside also provided help and encouragement. Conversations with fellow Ph.D candidate Therese Crocker were especially valuable. I found the Stout a very intellectually stimulating environment in which to work and am grateful for the space made available for me there. A number of friends have had the unfortunate experience of listening to my rants about the Treaty settlement process and I’d exceed my word count if I named them all, but a vi few were even subjected to reading drafts. I want to thank Alex Luty, Jack Doig, Jake Pollock and Jonathan West for your comments and advice. There was one person who read the most1 and without him I probably could not have completed this thesis, and that is Michael Allen. I can’t even begin to count the hundreds of discussions we’ve had over the past five years about my thesis and the Treaty settlement process. Thanks bro, this thesis would have been way worse without you. Histories are only as good as their sources so I’d like to thank the librarians and archivists of the Victoria University of Wellington library, Archives New Zealand (with the permission of Sir Douglas Graham), Television New Zealand Archive, the New Zealand Film Archive, the Office of Treaty Settlements, the Macmillan Brown Library, Te Runanga o Ngāi Tahu archives and the Waikato-Tainui College for Research and Development for access to vital and often untouched sources. I’d especially like to acknowledge Waikato-Tainui and Ngāi Tahu for providing me the opportunity to consult your taonga (treasures). I’d also like to thank those who agreed to conduct informal interviews: Sir Douglas Graham, Sir Tipene O’Regan, Denese Henare, Shane Solomon, Brent Wheeler, Richard Meade, Anake Goodall, Te Maire Tau, Nanaia Mahuta, Alex Frame, four Treaty of Waitangi Policy Unit officials, one Crown Law official and one Treasury official. Various sources of funding enabled me to finance my study and to travel to archives in Christchurch and Hopuhopu outside of Hamilton: a Victoria University of Wellington Vice-Chancellor’s PhD Scholarship (2008-2011), Victoria University of Wellington Faculty of Humanities and Social Sciences Research Grants, and a Sir Robert Mahuta Memorial Scholarship. 1 …and lent me money when I needed it, bought me lunch when I needed it, listened to whatever problem I had when I needed it…. vii My small whanau, consisting of my parents, Zsuzsanna Lonti and Peter Fisher, my brother, Mat Fisher, and my grandmother, Maria Lonti, provided invaluable support over the years. Although we live far apart spread across the globe, you all have always been there for me. Köszönöm szépen rémelem hogy finom lesz. Martin Fisher April 2015 viii Contents Abstract .................................................................................................................................................. iii About the author ..................................................................................................................................... v Acknowledgments ................................................................................................................................. vi List of Abbreviations ............................................................................................................................ xii Introduction ............................................................................................................................................. 1 A Brief History of Waikato-Tainui and Ngāi Tahu Interactions with the Crown pre-negotiation ..... 6 A Brief History of the Modern Treaty of Waitangi Claims Process ................................................. 14 Chapter structure ............................................................................................................................... 25 Waikato-Tainui and Ngāi Tahu’s settlements ................................................................................... 34 Sources .............................................................................................................................................
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