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The Treaty of Waitangi | Te Tiriti o Waitangi An Illustrated History (new edition) Claudia Orange Claudia Orange’s writing on the Treaty has contributed to New Zealanders’ understanding of this history for over thirty years. In this new edition of her popular illustrated history, Dr Orange brings the narrative of Te Tiriti/Treaty up to date, covering major developments in iwi claims and Treaty settlements – including the ‘personhood’ established for the Whanganui River and Te Urewera, applications for customary title in the foreshore and seabed, and critical matters of intellectual property, language and political partnership. New Zealand’s commitment to the Treaty claims process has far-reaching implications for this country’s future, and this clear account provides readers with invaluable insights into an all-important history. The Treaty of Waitangi by Claudia Orange was fi rst published in 1987 to national acclaim, receiving the Goodman Fielder Wattie Award. This widely respected history has since advanced through several new editions. The Treaty of Waitangi/Te Tiriti o Waitangi: An Illustrated History is the most comprehensive RRP: $49.99 | paperback | 215 x 265mm account yet, presented in full colour and drawing on 488 pages | over 300 illustrations Dr Orange’s recent research into the nine sheets of the ISBN 9781988587189 Treaty and their signatories. Publication: 8 December 2020

Distributor: David Bateman Ltd PO Box 100 242, North Shore Mail Centre, Auckland 0745 | (09) 415 7664 extn 0 [email protected] Sales Manager: Bryce Gibson (09) 415 7664 extn 811 | [email protected] Sales Representatives: KEY POINTS Murray Brown – Waikato, Bay of Plenty, Coromandel , Auckland, Northland • A comprehensive and beautifully illustrated history 021 278 6396 | [email protected] of the Treaty that is accessible to the general reader. Shane Delaney – South Island • This updated edition includes new chapters on the 021 626 746 | [email protected] Treaty history of the last decade. Shane Williamson – Wellington, Taranaki, • A fresh visual narrative, now presented in full colour Manawatu, Hawke’s Bay throughout. 027 446 2650 | [email protected] Nicole Robinson – telesales (based in Nelson) 09 415 7664 ext 815 | [email protected]

Preface Chapter 6: New Departures – 1975 to 1987 Chapter 1: An Independent Land – New Zealand to Chapter 7: The Roller-Coaster Years – 1987 to 1990 1840 Chapter 8: A Decade of Claims – The 1990s Chapter 2: The Treaty of Waitangi / Te Tiriti o Chapter 9: New Century, New Challenges – 2000 to Waitangi – 1840 2008 Chapter 3: A Matter of Mana – 1840 to 1870 Chapter 10: National Years – 2008 to 2017 Chapter 4: Colonial Power and Māori Rights – 1870 to Chapter 11: Building New Bridges 1900 Endmatter: including appendices, glossary, Chapter 5: Into the Twentieth Century – 1900 to 1975 bibliographic references and index

Endorsements ‘Claudia Orange is an outstanding New Zealand historian. Her long-standing commitment to public history and Treaty education sets a standard to which most of us can only aspire. Books such as this will continue to influence how New Zealanders view and value the past for years to come.’ Aroha Harris, Associate Professor of History, University of Auckland ‘That it has taken so long for the moral force of the Treaty to change the course of events, as it is doing now, is a commentary not on the weakness of the Treaty itself but on the powerful ethos of colonialism. This book is commended to all who love their country.’ Ranginui Walker DCNZM, reviewing the first edition of The Treaty of Waitangi published in 1987 ‘Claudia Orange has made an extraordinary contribution to the important national conversation relating to the Treaty of Waitangi and to New Zealanders’ understanding of ourselves – our history and our identity. Her work remains a cornerstone of research related to the Treaty and it is difficult to overstate the impact it has had on scholarly and public understanding.’ Carwyn Jones, Associate Professor of Law, Victoria University of Wellington ‘Claudia Orange’s scholarship on the Treaty of Waitangi has been amongst the most influential contributions to New Zealand’s developing understanding of the agreement signed in 1840. I don’t know of any other work on the Treaty which has endured in this manner and engaged so many people. Her contribution to our development as a nation is vast and invaluable.’ Janine Hayward, Professor of Politics, University of Otago

About the Author Dame Claudia Orange is one of New Zealand’s most distinguished historians. After publishing her first, award- winning history The Treaty of Waitangi in 1987, she became General Editor of the Dictionary of New Zealand Biography, released in five volumes with the Māori biographies also in te reo Māori (now online at www.dnzb. govt.nz). A director at the Museum of New Zealand Te Papa Tongarewa for many years, she is now a research associate at the museum. Dame Claudia has received many awards and honours for her contribution to a wider understanding of our history, which includes research for the He Tohu and Te Kōngahu Museum of Waitangi exhibitions.

Publications • The Treaty of Waitangi (1987, 2011), Goodman Fielder Wattie Award • An Illustrated History of the Treaty (1990, 2004) • The Story of a Treaty (1989, 2013) • General Editor, The Dictionary of New Zealand Biography, Vols 2–5 (1993–2000)

A watercolour drawing by John Eyre of the first Government House, Sydney, where Te Pahi was hosted by Governor Philip King. The Māori leader’s ability and shrewdness impressed King, who was keen to build a Left Philip Gidley King, Governor of New South Wales from 1800 to 1806. He had established friendly trading relationship with him. Te Pahi controlled a good anchorage at his home settlement of Te Puna in the Bay relations with Māori after kidnapping, then befriending, two men from northern New Zealand, Tukitahua of Islands; from the early 1800s it became a hub for replenishing foreign ships trading and whaling in the Pacific. and Te Hurukokoti, who spent time on Norfolk Island when King was Lieutenant-Governor there in the The Governor had a silver medal made for Te Pahi, to mark the relationship forged between the two men. 1790s. King came to greatly admire the men, returned them to their homes, and sought ways to establish relationships with New Zealanders. Right Te Pahi, a senior Ngāpuhi rangatira and entrepreneur from the northern shores of the Bay of Islands. He Marsden also invited chiefs to visit him at his Parramatta home near Sydney, where they was the first influential Māori leader to visit New South Wales. This portrait is taken from a drawing made learnt agricultural techniques and trade skills, and their sons remained to be ‘educated’. during his three months in Sydney with his sons in 1805–6. He returned to New Zealand with a prefabricated Māori leaders often met the Governor, and they expected this personal relationship with cottage, tools, seeds and livestock. the Crown’s representative to continue. Some Māori wanted to visit the British sovereign himself, as Hongi Hika and Waikato did in 1820, meeting King George IV. British ships out of Sydney; five years later Lachlan Macquarie tried to apply more stringent Hongi returned, equipped with muskets, to initiate a ten-year period of tribal warfare regulations governing recruitment, wages and maltreatment, and these were repeated in more destructive than the traditional battles. He also carried back the idea that he had 1814. They failed to be effective because New Zealand was independent territory, outside formed a special relationship with the King. Based on no more than the audience with the the limits of British authority. In 1817, 1823 and 1828, the British Parliament passed laws to monarch, in northern Māori tradition it was seen as tantamount to an alliance. In the next make British subjects answerable for misdeeds committed outside British settlements or on decades northern leaders were drawn into direct personal relationships with the Crown the high seas. While these laws proved impossible to enforce, they did define New Zealand through British naval vessels visiting northern harbours. The reciprocal nature of this naval as independent territory and ‘not within His Majesty’s dominions’. trade was usually recognised by letters and gift-giving. Crucial in shaping Māori attitudes to the British Crown was the missionary activity of Marsden shrewdly perceived that trade would lead to Māori dependence on Europeans New South Wales chaplain, Samuel Marsden. On his seven visits to New Zealand, Marsden and open the way to Christianity. He planned New Zealand’s first mission station, which promoted the belief that the Crown had a paternal interest in Māori welfare. The 1814 was set up by the CMS at Rangihoua in the Bay of Islands in 1814. It was not a success. But regulations and the 1817 Act were drawn to the attention of Māori and the 1823 Act was from Henry Williams’s arrival at Paihia in 1823, the missions gradually gained some self- translated in te reo. sufficiency. In the 1830s, their work was rewarded with many conversions and a widespread

276 THE TREATY OF WAITANGI | AN ILLUSTRATED HISTORY CHAPTER EIGHT | A DECADE OF CLAIMS – THE 1990S 277

Members of Te Whakatōhea ascend the staircase in the Beehive at Parliament on 1 October 1996, among them Tuhiakia Keepa (centre foreground) and Mere Walker (centre right, carrying a kete). Iwi members came Prime Minister Jim Bolger and Winston Peters (centre left and right) at the head of the first MMP coalition to witness a Deed of Settlement for the Whakatōhea claim, but settlement did not occur. A secure mandate government, gathered for its initial Cabinet meeting in 1996. The four Māori seats had increased to five under agreed to by the six Whakatōhea hapū was not ready, and in 1998 government halted negotiations. Years MMP, and in the 1996 election all were taken by a new party led by Winston Peters, New Zealand First. In passed before the iwi and government moved towards a settlement once more, signing an Agreement in the coalition government, Peters was Deputy Prime Minister and Treasurer, with John Delamere, Tau Henare Principle in 2017, but iwi members then took a claim over mandate to the Tribunal. The need for a secure and others in key roles. With fifteen Māori in Parliament, it seemed that MMP might provide a greater mandate before negotiations move too far became an essential step in the settlement process as it was chance of power-sharing in government. But MMP did not deal with fundamental constitutional changes developed in these early years, and remains difficult. that would put the two Treaty partners on an equal footing. As the coalition broke up in August 1998, Doug Graham announced he would not stand in the 1999 election.

claims receiving similar redress. The relativity clauses in the Waikato-Tainui and Ngāi Tahu settlements (the latter finalised in 1998) tended to inhibit any expansion of the quantum, Perhaps it was no coincidence that, as the coalition government broke up in August 1998, because every redress amount added to the total redress on all settlements, a proportion of Doug Graham made public his intention not to stand for Parliament in the 1999 election. which was the contracted agreement made by government with the two iwi (and no others). He had thrown his energies wholeheartedly into establishing processes for the settlement From 1992, Doug Graham had encouraged Māori claimants to seek direct negotiation of Treaty claims, and he acknowledged that the work had taken its toll. As well as building with the Crown as an alternative to a full hearing before the Waitangi Tribunal. In late relationships with Māori, he had worked to establish broad political support for Treaty 1998 and early 1999, the government went further: the Crown accepted that a prima facie policies. His warm personality and deep commitment to reconciliation between the Crown breach of the Treaty existed where claims related to pre-1865 land sales, confiscation or the and Māori had taken the settlement process a significant step forward. In this he had the full operations of the Native Land Court. Graham hoped that this might expedite negotiations support of Jim Bolger; by late 1997, when Jenny Shipley succeeded Bolger as Prime Minister, and settlements, but it failed to do so. The message had in general been conveyed informally, Cabinet and National Party support for Treaty settlements appeared to be waning. and this may have created suspicion. But the obstacle in all negotiations was the difficulty As Graham himself observed, it was time to allow those with new energy to take over the Māori had in establishing among themselves a mandate to negotiate – a problem that would task of advancing Treaty issues. After the forthcoming 1999 election, that challenge would continue to slow down the settlement process. fall to a new government.

Above The Whanganui River was recognised as a legal personality under the Te Awa Tupua (Whanganui River Claims) Settlement Act 2017. Its guardians were appointed soon after, as the human face to speak, act and, if that previous assumptions had been too optimistic; the goal for completion of historical necessary, fight for the river’s best interests. Flowing from mountain to sea, the Whanganui River catchment settlements slipped out to 2016 and would slip further. The 2011/12 Budget allowed for (Te Awa Tupua) has ‘all the rights, powers, duties and liabilities of a legal person’. The river’s recognition increased OTS funding and $1.4 billion for settlements in subsequent years. acknowledges the interests of those who live along its banks, and who care about its protection and its spiritual and metaphysical qualities. For them it is a relationship based on guardianship and respect. Legal rights for rivers in some other countries have been recognised; in Colombia, for example, guardians have Legal personality been appointed to deal with the pollution that has harmed the Atrato River. The granting of legal recognition In National’s second term, two major settlements were more challenging than most: one is a major new step in finding ways not only to protect the environment, but also to recognise cultural significance in the natural world. with Ngāi Tūhoe and one with iwi involved in the Whanganui River claim. Both would Opposite Dame Tariana Turia and tribal historian Turama Hawira hold the role of Te Pou Tupua for the require the Crown to adjust its thinking on how the iwi world could be taken into account Whanganui River; they are photographed with Gerrard Albert (right) at the pre-dawn inauguration ceremony in Deeds of Settlement and legislation. Greater flexibility in negotiations had allowed for in 2017 in Taumarunui. Appointed by the Crown and iwi of the river catchment, Te Pou Tupua represents the and opened up new Crown thinking arising from the understandings held by iwi – of human face of Te Awa Tupua under the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017. Te Pou natural resources and their wairua – and from proposals to acknowledge them. This was Tupua are responsible for administering the $30 million contestable fund to support initiatives relating to the environmental enhancement of Te Awa Tupua, and engage actively with its iwi, hapū and communities. the case first shown in Tribunal hearings and then in the settlement negotiations on the Tariana Turia was an MP from 1996 until 2014, first with Labour, later as co-leader of the Māori Party. Whanganui River. She is particularly known for her active commitment to the Whānau Ora programme, which she saw as the key vehicle for Māori wellbeing in the future. Turama Hawira is an experienced adviser and educator, Whanganui River with extensive cultural knowledge in the Whanganui rohe. Gerrard Albert is chair of the post-settlement governance body for Whanganui iwi in the Whanganui River settlement. The Waitangi Tribunal Report on the Whanganui River hearings was released in 1999; it explained that the river is regarded by Te Āti Haunui-a-Pāpārangi as a single indivisible entity, ‘comprised of water, banks and bed’. In 1840 the iwi controlled the river in its entirety but

372 THE TREATY OF WAITANGI | AN ILLUSTRATED HISTORY CHAPTER ELEVEN | BUILDING NEW BRIDGES 373

He Whakapapa Kōrero, the document room at the National Library of New Zealand, holds He Whakaputanga (to the right), the 1893 Women’s Suffrage Petition (centre) and the nine Tiriti o Waitangi sheets (foreground and left). The room has been specifically designed to protect and enhance the mana of the precious Ngāti Tūwharetoa leader, Sir Tumu Te Heuheu, at the opening of the He Tohu exhibition at the National Library documents it holds, and allows visitors to experience the mauri of the documents and the tūpuna who signed on 19 May 2017. He is looking at the large Tiriti sheet signed on 6 February 1840 at Waitangi and several other them. The Tiriti sheets and the other documents were held by Archives New Zealand for many years, but places in the north. It is one of the nine Treaty sheets in the exhibition and one of two that are badly damaged. they were not easily accessible for visitors to see. Each of the three documents has its own history, which is The 1877 lithographs of the nine sheets are also included in the exhibition; these have enabled people to see presented in the larger He Tohu exhibition at the library. more clearly the names of the rangatira who signed Te Tiriti around the country in 1840.

students at Ōtorohanga College asked that the New Zealand wars be actively commemorated translated as ‘We are now one people’. Since then, the partnership has been expressed in a on a special day each year; their request has seen government hold an annual event that shifts varying range of terms reflecting the agreement for sharing power. The vision of two peoples, from region to region. In 2019, the New Zealand History Teachers Association successfully each in their own way together forming one nation, has been moved forward, but it still has petitioned government for changes in education curricula which will put the country’s a way to go; it still asks for solutions in the Māori–Crown relationship that are acceptable to peoples, their experiences and their stories (including the Treaty and the New Zealand wars) all involved, Māori and other New Zealanders. centre stage by 2022. Museums around the country are taking a stronger role in encouraging Ngāpuhi lawyer, Moana Tuwhare, has reflected that for many hapū engaged in negotiations, multiple stories in the national conversation to be quietly influential, and the new museum true partnerships and genuine power-sharing were – and are – more important than at Waitangi has a particular place in narrating the Tiriti/Treaty’s history. The long-term financial redress in settlements: ‘People in Ngāpuhi are over the situation where they are effective influence of all these factors is a gradual one, and is inter-generational. passive participants in processes that directly affect their futures. A significant result would There are key areas still to be addressed in Māori–Crown relationships which could be one that puts us back on an equal footing with the Crown.’ This is a direct challenge to create unease in the country’s communities. Critical among these is a need for some form of the Crown. It asks for a balance in relationships. And it also raises the question of whether constitutional ‘transformation’. In essence, this is an acknowledgement of the partnership remaining settlements can be completed under the current policy framework. expressed in the Tiriti/Treaty. Tension about this has been part of Māori–Crown relationships How to address this, and by what means, asks for open-minded, innovative thinking. A since the agreement was signed in 1840. The phrase used then was ‘He iwi tahi tātou’, often resolution will affect not just Ngāpuhi, but all iwi and the nation as a whole.