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Te Tiriti O Waitangi

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Te Tiriti O Waitangi MASARYK UNIVERSITY IN BRNO Faculty of Arts Department of English and American Studies English Language and Literature Te Tiriti o Waitangi Treaty of Waitangi – New Zealand’s founding document Baccalaureate Thesis Supervisor: PhDr. Jitka Vlčková, Ph.D. Pavla Kramářová Brno 2006 I declare that I have worked on this thesis independently, using only the sources listed in the bibliography. 2 I would like to thank my supervisor PhDr. Jitka Vlčková, Ph.D. for her kind and valuable advice. 3 Contents Introduction…………………………………………………………………………... 5 The early Māori-Pākeha contact……………………………………………………... 7 The need for intervention…………………………………………………………….. 9 James Busby and the Declaration of Independence………………………………….. 10 On the way to the Treaty……………………………………………………………... 12 The Drafting and Signing of the Treaty……………………………………………… 14 The contents of the Treaty and the differences between the texts…………………… 17 • Te Kāwanatanga • Te Rāngatiratanga The aftermath………………………………………………………………………… 24 Discontent and Wars…………………………………………………………………. 26 From neglect to recognition………………………………………………………….. 28 The Principles of the Treaty………………………………………………………….. 32 The preservation of documents and Waitangi Day…………………………………... 33 Conclusion…………………………………………………………………………… 35 Appendix A. The Treaty sheet ……………………………………………………... 37 Appendix B. The text in Māori……………………………………………………... 38 Appendix C. The Draft in English………………………………………………….. 39 Appendix D Modern English translation of the Māori text………………………... 41 Bibliography...………………………………………………………………………...43 4 Introduction The Treaty of Waitangi, dubbed Magna Carta of the aborigines of New Zealand, is an agreement concluded between representatives of the British Crown and Māori iwi and hapū (tribes and subtribes). The Treaty bears the name of the place in the Bay of Islands, Waitangi (weeping or noisy waters) 1 where it was first signed on 6 February 1840. This covenant was a necessary consequence and unravelling of the uncontrolled coexistence of the tangata whenua (people of the land)2 and white settlers or Pākeha 3, as the Maori used to call their new neighbours. In the introductory chapter I set out to picture the arrival of the first explorers and a subsequent flow of settlers who made a preliminary contact with the native people and what this contact looked like. This situational frame is further developed in the chapter The need for intervention to show what way the initial cohabitation progressed till it finished up in the advent of James Busby and the Declaration of Independence. The era preceding “the treaty’s coming on the scene” will be closed with a description of the immediate causes and motivations that led to the drawing and signing of the Treaty. Then I will proceed to the Treaty itself. I concentrate on the process of forging and accepting the Treaty text and I devote one chapter to a detailed analysis of the text in which I comment on the contents, its structure, meaning and interpretation. This is followed by the depiction of its consequences and influence on Maori-Pākeha relationship. One chapter deals with the various forms of Maori discontent and resistance and the following one with the process from the continuous neglect to a final treaty’s recognition. What role the Treaty plays today is also of my interest, to a limited extent, in reference to the Treaty Principles. The story of the documents 1 “The colonisation of New Zealand: The Treaty of Waitangi.” New Zealand in History . 28 March 2006. 15 Jan. 2006 <http://www.history-nz.org/index.html > 2 also Shaw, P.: Waitangi . Napier: Cosmos, 1992. p. 10 3 Shaw, P.: Waitangi . Napier: Cosmos, 1992. p. 96 Pakeha is a term used to designate a white person, a New Zealander of Anglo/European origin, or a Non-Maori or foreigner. 5 preservation and of Waitangi Day concludes this bachelor thesis. In appendixes you can see the picture of the Treaty and look in the texts of both versions, Maori and English, together with Professor Sir Hugh Kawharu’s modern English translation of the Maori text provided with footnotes. 6 The early Maori-Pākeha contact The first European to catch sight of Aotearoa 4, or Tiritiri o te Moana 5, to use two ancient Maori names for New Zealand, was in 1642 a Dutch East India Company explorer Abel Janszoon Tasman who just sailed up the west coast and named the land Staten Island, later on renamed New Zealand after the province of the same name in his country. It was only some thirty years later after Captain James Cook’s voyage to the Islands in 1769-70 that the white people came to inhabit New Zealand. Cook was the first European seen by Maori of the Bay of Islands. He made a number of friendly contacts with them and having concluded his sail around the coasts of both the North and South Islands, he claimed the land for the British Crown in the name of King George III. and continued on to Australia. It was a routine procedure and Britain neither confirmed nor pursued its claims immediately, but Cook’s visit raised the possibility for further British intrusion and ultimately dominance. Marion du Fresne, a Frenchman who visited the Bay in 1772 and was killed there by the local tribe (as a result of a series of blunders), claimed the country for his sovereign as well but neither his government took any immediate interest in the land. New Zealand’s first settlers were sealers, whalers and traders, temporary settlers who came at the end of the 18 th century, mostly from New South Wales, Australia. During the early 19 th century European settlers were arriving in greater numbers whose increasing presence led to the introduction of different livestock, crops, literacy, religious ideas, weapons (especially muskets which aggravated the fighting and killing in inter-tribal wars), disease and prostitution. By 1805 the Bay of Islands had become a major whaling port. However, the 4 Aotearoa is the most widely known and accepted Māori name for New Zealand, most often translated as “The land of the long white cloud” (it is a compound of Ao =cloud, tea =white and roa =long) “Aotearoa.” Wikipedia, the free encyclopedia. 1 Apr. 2006. 3 Feb. 2006 <http://en.wikipedia.org/wiki/Aotearoa> 5 Tiritiri o te Moana means The Gift of the Sea. According to the Maori traditions Maui, a supernatural being and an excellent fisherman, caught a massive fish and pulled it up which today forms the North Island of New Zealand. In Sinclair, K.: A History of New Zealand. Harmondsworth: Penguin Books, 1969. p. 13 7 racial relationship was not always cordial. Pākeha were welcomed if they proved useful for their goods and skills and for enhancing the mana (prestige, authority, power) of Maori chiefs. The Maori were willing to accept Europeans on condition that the mutual contact would be beneficial to them and they would do no harm. Otherwise Maori would not hesitate to drive them out or destroy their settlement. There were cases when Maori, instead of being paid for the goods they had delivered on the ships, were killed or flogged. Such insults were avenged and the relationships soon deteriorated. The situation was partly calmed down by the arrival of the missionaries of the Church Missionary Society in 1814 (the most prominent figure being Reverend Samuel Marsden). In the mid 1820’s commercial activities quickly extended to timber, flax, shore- whaling, ship-building and general trading which resulted in the creation of first groups of settlers living permanently in New Zealand. They were dependent on Maori cheap work force and, most of all, upon Maori support for their survival (cleaning bush, supplying food). Although Maori were sometimes treated badly by whalers, a significant number of them were employed on board sealing and whaling ships. On the other hand, Pakeha settlements represented necessary outlets for Maori products and they were important sources of firearms. A kind of not only economic interdependence was in operation there. By the 1830’s New Zealand had absorbed several boatloads of immigrants, each with different impact on Maori society (for example European clothing was worn and European food eaten). Some traders had taken permanent residence on the coast and in 1839 there were about 2 000 permanent settlers, 1 400 on North Island and 600 on South Island. The largest European settlement was Kororāreka (today Russell) in the Bay of Islands. 8 The need for intervention The European population was growing rapidly and the period from 1820 to 1840 was a time of dynamic change for Maori. By 1834 there were already one thousand permanent European settlers in the Bay. At that time the British policy towards New Zealand was determined from London but the colonial governors of New South Wales played an important role. They were interested in the activities of British settlers and endeavoured to impose some sort of authority over New Zealand. Growing lawlessness from settlers, land speculations and deterioration in Maori-Pakeha relations (the murders of a Maori chief and his family in the South Island) resulted in petitions for British intervention. In October 1831 thirteen Maori chiefs backed by the missionary Samuel Marsden 6 sent a petition to King William IV. seeking his formal protection, requesting that he become a “friend and the guardian of these islands”. 7 Moreover they feared that the French, whose vessel La Favourite was moored in the Bay, would claim New Zealand for France. At first the Crown was reluctant to intervene officially. The Government supported the trade with New Zealand but, on the other hand, it was not too keen on further colonising it. Yet, the conviction that the Crown is responsible for the acts of its subjects (especially those involved in tribal warfare) and for the protection of Maori was gaining on prominence and with the continuation of the unauthorised settlement of the country by Europeans the need to establish law and order finally forced the government in 1832 to appoint James Busby as the British Resident at the Bay of Islands, a post equivalent to a consular officer.
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