TE TIRITI O WAITANGI THE TREATY OF WAITANGI
Modern English translation of Footnotes of the Maori text by English Text Prof. Hugh Kawharu Maori version (used with permission)
Preamble Preamble
HER MAJESTY VICTOR IA Victoria, the Queen of England, in (1) "Chieftainship": this concept Queen of the United Kingdom of her concern to protect the chiefs has to be understood in the Great Britain and Ireland and the subtribes of New Zealand context of Maori social and regarding with Her Royal favour and in her desire to preserve their political organization as at the Native Chiefs and Tribes of chieftainship (1) and their lands to 1840. The accepted New Zealand and anxious to them and to maintain peace (2) approximation today is protect their just Rights and and good order considers it just to "trusteeship". Property and to secure to them appoint an administrator (3) one (2) "Peace": Maori "Rongo", the enjoyment of Peace and Good who will negotiate with the people seemingly a missionary Order has deemed it necessary in of New Zealand to the end that usage (rongo - to hear i.e. consequence of the great number their chiefs will agree to the hear the "Word" - the of Her Majesty's Subjects who Queen's Government being "message" of peace and have already settled in New established over all parts of this goodwill, etc). Zealand and the rapid extension land and (adjoining) islands (4) (3) Literally "Chief" ("Rangatira") of Emigration both from Europe and also because there are many here is of course ambiguous. and Australia which is still in of her subjects alrea dy living on Clearly a European could not progress to constitute and appoint this land and others yet to come. be a Maori, but the word a functionary properly authorised So the Queen desires to establish could well have implied a to treat with the Aborigines of a government so that no evil will trustee-like role rather than New Zealand for the recognition come to Maori and European that of a mere "functionary". of Her Majesty's Sovereign living in a state of lawlessness. Maori speeches at Waitangi authority over the whole or any So the Queen has appointed "me, in 1840 refer to Hobson being part of those islands - Her Majesty William Hobson a Captain" in the or becoming a "father" for the therefore being desirous to Royal Navy to be Governor for all Maori people. Certainly this establish a settled form of Civil parts of New Zealand (both those) attitude has been held Government with a view to avert shortly to be received by the towards the person of the the evil consequences which must Queen and (those) to be received Crown down to the present result from the absence of the hereafter and presents (5) to the day - hence the continued necessary Laws and Institutions chiefs of the Confederation chiefs expectations and alike to the native population and of the subtribes of New Zealand commitments entailed in the to Her subjects has been and other chiefs these laws set Treaty. graciously pleased to empower out here. (4) "Islands" i.e. coastal, not of and to authorise me William the Pacific. Hobson a Captain in Her (5) Literally "making" i.e. Majesty's Royal Navy Consul and "offering" or "saying" - but not Lieutenant Governor of such parts "inviting to concur". of New Zealand as may be or hereafter shall be ceded to her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions.
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TE TIRITI O WAITANGI THE TREATY OF WAITANGI
Modern English translation of Footnotes of the Maori text by English Text Prof. Hugh Kawharu Maori ver sion (used with permission)
Article the First The First
The Chiefs of the Confederation The Chiefs of the Confederation (6) "Government": of the United Tribes of New and all the Chiefs who have not "kawanatanga". There could Zealand and the separate and joined that Confederation give be no possibility of the Maori independent Chiefs who have not absolutely to the Queen of signatories having any become members of the England for ever the complete understanding of government Confederation cede to Her government (6) o ver their land. in the sense of "sovereignty" Majesty the Queen of England i.e. any understanding on the absolutely and without reservation basis of experience or cultural all the rights and powers of precedent. 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.
Article the Second The Second
Her Majesty the Queen of The Queen of England agrees to (7) "Unqualified exercise" of the England confirms and guarantees protect the chiefs, the subtribes chieftainship - would to the Chiefs and Tribes of New and all the people of New Zealand emphas ise to a chief the Zealand and to the respective in the unqualified exercise (7) of Queen's intention to give families and individuals thereof their chieftainship over their lands, them complete control the full exclusive and undisturbed villages and all their treasures (8). according to their customs. possession of their Lands and But on the other hand the Chiefs "Tino" has the connotation of Estates Forests Fisheries and of the Confederation and all the "quintessential". other properties which they may Chiefs will sell (9) land to the (8) "Treasures": "taonga". As collectively or individually possess Queen at a price agreed to by the submissions to the Waitangi so long as it is their wish and person owning it and by the Tribunal concerning the Maori desire to retain the same in their person buying it (the latter being) language have made clear, possession; but the Chiefs of the appointed by the Queen as her "taonga" refers to all United Tribes and the individual purchase agent. dimensions of a tribal group's Chiefs yield to Her Majesty the estate, material and non - exclusive right of Preemption over material heirlooms and wahi such lands as the proprietors tapu (sacred places), thereof may be disposed to ancestral lore and whakapapa alienate at such prices as may be (genealogies), etc. agreed upon between the (9) Maori "hokonga", literally respective Proprietors and "sale and purchase". Hoko persons appointed by Her Majesty means to buy or sell. to treat with them in that behalf.
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TE TIRITI O WAITANGI THE TREATY OF WAITANGI
Modern English translation of Footnotes of the Maori text by English Text Prof. Hugh Kawharu Maori version (used with permission)
Article the Third The Thrid
In consideration thereof Her For this agreed arra ngement (10) "Rights and duties": Maori " at Majesty the Queen of England therefore concerning the Waitangi in 1840 refer to extends to the Natives of New Government of the Queen, the Hobson being or becoming a Zealand Her royal protection and Queen of England will protect all "father" for the Maori people. imparts to them all the Rights and the ordinary people of New Certainly this attitude has Privileges of British Subjects. Zealand and will give them the been held towards the person same rights and duties (10) of of the Crown down to the citizenship as the people of present day - hence the England (11). continued expectations and commitments entailed in the Treaty. (11) There is, however, a more profound problem about "tikanga". There is a real sense here of the Queen "protecting" (i.e. allowing the preservation of) the Maori people's tikanga (i.e. customs) since no Maori could have had any understanding whatever of British tikanga (i.e. rights and duties of British subjects.) This, then, reinforces the guarantees in Article 2.
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TE TIRITI O WAITANGI THE TREATY OF WAITANGI
Modern English translation of Footnotes of the Maori text by English Text Prof. Hugh Kawharu Maori version (used with permission)
(signed) William Hobson (signed) William Hobson, Lieutenant Governor. Consul and Lieutenant Governor.
Now therefore We the Chiefs of So we, the Chiefs of the the C onfederation of the United Confederation of the subtribes of Tribes of New Zealand being New Zealand meeting here at assembled in Congress at Victoria Waitangi having seen the shape in Waitangi and We the Separate of these words which we accept and Independent Chiefs of New and agree to record our names Zealand claiming authority over and our marks thus. Was done at the Tribes and Territories which Waitangi on the sixth of February are specified after our respective in the year of our Lord 1840. names, having been made fully to understand the Provisions of the (Here follows signatures, dates, foregoing Treaty, accept and enter etc.) into the same in the full spirit and meaning thereof: in witness of which we have attached our signatures or marks at the places and the dates respectively specified. Done at Waitangi this Sixth day of February in the year of Our Lord One thousand eight hundred and forty.
(Here follow signatures, dates, etc.)
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