THE STORY OF THE TREATY PART 2 THE JOURNEY Introduction This is the second part of the story of our founding the Treaty seeks to reflect the broadly accepted, document, the Treaty of Waitangi. “The Story of current understandings of the Treaty and Crown- The Treaty of Waitangi is New Zealand’s founding document. Over 500 Mäori chiefs and the Treaty – Part 1” told of the events leading Mäori relations. There is, however, simply no one representatives of the British Crown signed the Treaty in 1840. Like all treaties it is an exchange up to the Treaty, at a time when Mäori, far correct interpretation of Treaty history. of promises; the promises that were exchanged in 1840 were the basis on which the British outnumbering Päkehä, controlled New Zealand. Crown acquired New Zealand. The Treaty of Waitangi agreed the terms on which New Zealand It described the essential bargain that was struck would become a British colony. between Mäori and the British Crown and what both sides hoped to obtain by agreeing to it. This “The Treaty came to This is one of a series of booklets on the Treaty of Waitangi which are drawn from the Treaty of booklet continues the story through the nineteenth Waitangi Information Programme’s website www.treatyofwaitangi.govt.nz. century, when the Treaty came to be ignored by be ignored by successive Many historians have contributed to the material in these booklets to ensure it is as accurate successive settler-dominated governments, through settler-dominated and balanced as possible. Their contribution is gratefully acknowledged. to its renewed recognition in recent times. At the outset it should be noted that history is governments.” essentially debate about interpretations of the past. While all history is contestable, this story of A Fernhill family group photographed outside their whare in 1929. In 1937, housing surveys indicated that 36 per cent of Mäori housing was not fit to live in. Governments had been slow to take any remedial action. Photographer: Henry Whitehead. Further copies of this booklet are available from: ATL: G-5639-1/1. The Treaty of Waitangi Information Programme State Services Commission PO Box 329 Wellington, New Zealand © State Services Commission 2005 Permission of the owner and copyright holder must be obtained before any re-use of the images used in this booklet. Permission of the Alexander Turnbull Library, National Libraryof New Zealand Te Puna Mätauranga o Aotearoa, must be obtained before any re-use of their images. Note: ATL = Alexander Turnbull Library, National Library of New Zealand Te Puna Mätauranga o Aotearoa Archives = Archives New Zealand, Te Rua Mahara o te Kawanatanga. ISBN 0-478-24449-5 PAGE 3 THE STORY OF THE TREATY PART 2 THE STORY OF THE TREATY PART 2 Early Crown Policy From negotiation to enforcement Balancing sovereignty and rangatiratanga Criticism of the Treaty By the late 1830s British politicians and officials However, Mäori would not be allowed or assisted The problem remained of how to reconcile Crown Many settlers were scathing of the Treaty and in London and Sydney could see that informal to participate in the “amalgamation” in their own sovereignty with the Treaty promise to respect Mäori what were considered to be the soft policies of colonisation was occurring in New Zealand. Mäori way. Rather, it would be set in place by the Crown authority over their own affairs. Hobson’s successor FitzRoy towards Mäori. The New Zealand Company land was being acquired and Mäori were involved and settlers; in essence, then, it was a process as governor, Robert FitzRoy, took some limited steps argued that the recognition of Mäori land rights in the spread of a world economy. The British of assimilation. to recognise Mäori custom within the legal system, contained in Article Two should be restricted to “a government decided to negotiate for formal British although most aspects of Crown policy were directed few patches of potato-ground, and rude dwelling In Britain it was already assumed that land would have sovereignty in New Zealand. In doing so it concluded at the assimilation of Mäori into colonial society. places”. It dismissed the Treaty as “a praiseworthy to be found for the settlers and that those settlers that it was futile to attempt to repeat the previous Some Mäori were familiar with the experience of device for amusing and pacifying savages for the would seek self-government sooner rather than policy (which had already failed elsewhere) of Australian Aborigines under British rule, and worried moment”. In London there was some support for later. From the outset it was questionable whether protecting indigenous people in reserves, largely that they would share a similar fate. A Protector this perspective, although this was strongly disputed the Crown could be resolute in honouring the Treaty apart from areas of white settlement. Officials sought of Aborigines had been appointed to guard Mäori by missionaries and Crown officials in New Zealand. guarantees given to Mäori, especially when in the to encourage Mäori to “amalgamate” with the interests, but his role was compromised because, 1860s “the Crown” was no longer represented In 1844 a parliamentary committee declared the incoming settler society. They would share the rights prior to 1842, he was also expected to negotiate solely by British officials but included the parliaments Treaty “injudicious” and proposed a tax on all and privileges of British subjects, under a common purchases of land from Mäori. Governor Grey took and governments elected by the settlers themselves. “uncultivated” Mäori lands. Confiscation would legal system. The terms of the Treaty and the early advantage of the unpopularity of the Protectorate with be the penalty for non-payment. In 1846 such colonial laws embodied this aim, among others. At first, in the North Island at least, and outside the settlers to abolish the position altogether in 1846. ideas were reflected in a new constitution and few small coastal pockets of European settlement, Public dinner on Thursday 15th April, 1841, at Barrett's Hotel, Wellington charter for the colony. The governor was to assume the extension of substantive Crown sovereignty to commemorate New Zealand's independence from New South Wales and the "adjustment of differences" between the Government and the ownership of large areas of Mäori land not occupied Grand Reform Banquet. Demonstration in favour of the immediate involved negotiation and persuasion with Mäori New Zealand Company. Chaired by Colonel Wakefield. establishment of representative institutions in this colony, to be held according to Päkehä norms. Missionaries had pointed communities. Lieutenant-Governor Hobson had been ATL: Eph-B-Politics-1841-01. at the Britannia Saloon, on Thursday, the 1st March, 1849. out that a different standard of “occupation”, ATL: Eph-D-POLITICS-1849-01. provided with few finances and a tiny police and defined as the cultivation of crops, was being military force. When war broke out in the Bay applied to Mäori, than to landowners in England. of Islands in the mid-1840s (and subsequently elsewhere), the Crown needed to rely on the support Robert FitzRoy, circa 1850. of Mäori allies to bring an end to the conflict. But after ATL: 1/1-001318. a series of intertribal conflicts in the Bay of Plenty, the Colonial Office ruled in 1843 that British law and the terms of the Treaty applied even to those chiefs and their tribes who had not signed the agreement. View of the pä at Ruapekapeka from the lower stockade at the time it was entered and captured by the "allied force of friendly natives and troops", under Lt Colonel Despard, 11 January 1846. Artist: Arthur David McCormick. ATL: A-004-037. PAGE 4 PAGE 5 THE STORY OF THE TREATY PART 2 THE STORY OF THE TREATY PART 2 Grey’s land-purchasing programme Economic and social benefits: The slide to war A shift in power 1840s and 1850s Key parts of this constitution were not implemented, As part of the “amalgamation” policy, Grey enacted This Act also granted self-government to the settlers. because in November 1845 Sir George Grey had However many tribes prospered economically during the Resident Magistrates Ordinance 1847. Mäori But because of a property qualification based on replaced FitzRoy as Governor. Grey realised that the 1840s and 1850s. They played a crucial role rangatira (chiefs) would be appointed to the courts European land tenure, it effectively denied most such policies, which in effect seized land off Mäori, in the fledgling European settlements, supplying as “assessors”. He also recruited Mäori police. Mäori (as well as many Päkehä) the right to vote or threatened to provoke a mass uprising. He argued produce and labour. They also provided a major These steps helped bring the legal system into participate in parliamentary processes. It revealed that Mäori would willingly sell large areas of land part of New Zealand’s agricultural exports to Mäori communities and assisted the increasing the underlying struggle for control between Mäori to the Crown. the Australian market, making a significant commercial interaction between Mäori and settler. and the settlers. Although the governor retained contribution to the government’s Customs revenue. Some concessions were made to Mäori ideas of responsibility for Mäori affairs, the new assembly Once he was given adequate funds, Grey embarked wrong-doing and appropriate punishments. These became a vocal, and sometimes belligerent, voice Under Governor Grey, the Crown supported on an ambitious programme of land-purchasing. measures were well received by many Mäori, but Grey for Päkehä interests. Mäori saw a shift in power. Mäori economic endeavours. Critics of such This continued after his departure from New (always anxious to promote his reputation in London) It had moved from the governor – the Queen’s developments sarcastically dubbed Grey’s approach Zealand at the end of 1853, and saw nearly all exaggerated the progress of “amalgamation”.