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52 signatures of Māori chiefs from October 1835 till 1839; four articles:
- New Zealand declared an independent state,
- all sovereign power and authority in the land resides with the chiefs in their collective capacity,
- the chiefs will meet annually at Waitangi to make laws;
- in return for the friendship and protection that Maori will give British subjects in New Zealand, the chiefs invite King William to protect the infant state from attempts on its independence. -
Signed between Feb 6 - September, 1840, an agreement between 540 Maori rangatira chiefs and the English.
Draft was translated into Maori overnight and it was debated for a day and a night before signing on the 6 February. -
3 articles of the Treaty of Waitangi:
- Maori cede sovereignty of NZ to British
- Maori give the Crown an exclusive right to buy lands they wish to sell,
- In return are guaranteed full rights of ownership of their lands, forest, fisheries and other possessions and Maori are given rights and privileges of British subjects
However, there were mistranslations in the Maori version, in particular, sovereignty was translated as kawanatanga-governance. -
Between 1843 and 1882, Māori and Pakeha (New Zealanders of European descent) engaged in war many times over the continuing British expansion of colonisation and land disputes.
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The British Government issued a charter stating that any unused lands were to become Crown land. This Crown monopoly meant Māori could not lease out their own land or receive market prices.
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Right to vote based on individual property ownership: Maori possessed land communally and so were almost entirely excluded from voting.
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This allowed Maori to deal directly with settlers over land.
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Intended to punish rebel Māori by allowing the confiscation of their land.
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Settler Governments passed laws intended to give practical effect to promises from the Treaty:
- Native Rights Act 1865: Māori given the rights of natural born British subjects.
- Māori Representation Act 1867: created four seats based on adult male voting.
-Native Schools Act 1867: provided funds for schools in Maori villages teaching in English
The Government continued with land confiscations. -
Parliament decided to have separate Māori seats in which only Māori could vote. Four Māori seats were established, three in the North Island and one in the South Island, in time for the first elections for Māori members in 1868. Frederick Nene Russell, Mete Kingi Te Rangi Paetahi, Tareha Te Moananui and John Patterson took their places as the first Māori Members of Parliament (MPs) in the House in 1868.
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Chief Justice Sir James Prendergast ruled that the courts lacked the ability to consider claims based on Aboriginal or native title. The Treaty of Waitangi was ‘worthless’ because it had been signed ‘between a civilised nation and a group of savages’ who were not capable of signing a treaty. Since the treaty had not been incorporated into domestic law, it was a ‘simple nullity’.
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Royal Commission recommends compensation for some confiscations found to be excessive
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Ratana candidates win all 4 Maori seats, bringing to the caucus the demand that the treaty be ratified.
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Waitangi day is established as New Zealand national day, taking place on the 6th of February, the day the Treaty was signed
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Waitangi Tribunal set up as a formal ongoing commission of inquiry to hear grievances against the Crown. Was limited to those occurring after 1975, so few claims were investigated.
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Māori land march/hikoi. Responding to this, the government passed the first legislative recognition of the treaty.
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Treaty of Waitangi Act amended. Waitangi Tribunal able to consider Crown acts and omissions dating back to 1840.
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Treaty principles first mentioned in legislation, which have since been referred to in more than 40 statutes.
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Established that the Crown must pay heed to previous Māori ownership in disposal of surplus Crown assets such as land. The court set out further principles derived from the Treaty: the key principle being one of partnership and active protection of the interests of Māori.
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In response to the government’s proposal to limit the monetary value of Treaty settlements to one billion dollars over ten years. This policy was subsequently dropped.
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Office of Treaty Settlements (OTS), formed out of the Treaty of Waitangi Policy Unit, conducting negotiations with Māori claimants on levels of remedy of past breaches of the Treaty of Waitangi.
