01 THE TREATY OF WAITANGI
AN INTRODUCTION TO THE TREATY OF WAITANGI FOR MIGRANTS
THE TREATY OF WAITANGI TE TIRITI O WAITANGI
A GREETING FOR NEW BEGINNINGS
Immigration New Zealand, on behalf of the New Zealand Government, would like to welcome you to Aotearoa New Zealand. We hope you will enjoy sharing in our strong and unique cultural history. May we learn from each other and grow together to build a greater nation. Welcome, welcome, welcome!
HE MIHIMIHI
- Nau mai e rea, e nga mana, e nga tini ma ta waka kua u mai nei - riki mou a Aotearoa New Zealand. ki te whenua e hora nei te wha Tenei Te Ratonga Manene o Aotearoa e whakatau ana i a koutou i raro i te korowai o te Karauna, me k , piki mai, nau mai, whakatau mai ra. No reira, wha ia kia mau ki nga morimoritanga kua waihotia - Aotearoa New Zealand kei tua atu o a po po. - - ake hei huarahi mo Whakatau mai ra! Tukuna kia rere!
A PROVERB FOR NEW BEGINNINGS
SET THE OVERGROWN BUSH ALIGHT , AND THE NEW FLAX S H O O T S W I L L S P R I N G U P.
HE WHAKATAUAKI
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TU N G I A T E U R U R U A K I A TUPU WHAKARITORITO TE TUPU O TE HARAKEKE.
Opposite: An extract of signatures from the Treaty of Waitangi.
WHAT IS THE TREATY OF WAITANGI?
The Treaty of Waitangi is an agreement between Maori hapu -ori people) and the New Zealand Government. (subtribes of Ma The Treaty of Waitangi: was signed on the 6th of February 1840 at Waitangi was signed by Maori chiefs and representatives of the British Crown is a starting place of discussion for Maori and Government -ori culture, resources and safeguards the development of Ma way of life maintains Maori as the ancestral people of Aotearoa -ori name for New Zealand). (the Ma
WHO ARE MAORI?
Maori are a tribal people indigenous to Aotearoa New Zealand and make up approximately 14.6% of the total population. Maori societal structure is composed of basically three levels: the individual whanau or family, which is connected to the hapu or subtribe which in turn is connected to the iwi or main tribe and then back to the ancestral waka or canoe. Hapu and iwi connection is important to Maori as it: is a source of Maori identity confirms family relationships connects Maori with the land is the traditional base of decision-making is the heart of Maori culture.
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Waka Ancestral Canoe
The first Government Settlement on the Waitemata River, 1st October 1840. [Unsigned, Dr John Johnson 1794-1848].
Iwi Tribe
Hapu Subtribe
Hapu Subtribe
Hapu Subtribe
Whanau Family
Whanau Family
Whanau Family
THE TREATY OF WAITANGI AND IMMIGRATION IN 1840
The Treaty is recognised as the first immigration agreement - between Maori and Pakeha (European settlers). The Treaty originally allowed settlers to emigrate peacefully to New Zealand under the British flag. The Treaty was important, firstly, to control the thousands of future emigrants to Aotearoa New Zealand, and secondly, to protect the rights of Maori people. The benefits to both parties - were clear settlement rights for Pakeha and the natural right -ngata whenua (the people of the land) would be respected of the ta and affirmed.
WHAT DOES THE TREATY SAY?
The Treaty of Waitangi was written in Ma ori and English. The Government has established three main points: Article One Government makes law. Article Two Ma ori resources and way of life are protected. Article Three The basic rights of all people within Aotearoa New Zealand are protected. However, the English and Maori text are not an exact translation of each other. Also, it was only the Ma ori version of the Treaty - ori signatories. that was signed by most Ma
BUT THEN WE MUST NOT F O R G E T T H A T T H E TR E A T Y I S N OT J U S T A B I L L O F R I G H T S F O R M AO R I . I T I S A B I L L O F R I G H T S F O R P A K E H A T O O. I T I S T H E TR E A T Y T H A T G I V E S PAK E H A T H E R I G H T TO B E H E R E . W I T H O U T T H E TR E A T Y , THERE WOULD BE NO LAWFUL A U T H O R I T Y F O R T H E PAK E H A PRESENCE IN THIS PART OF THE SOUTH PACIFIC.
CHIEF JUDGE EDDIE DURIE.
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THE TREATY OF WAITANGI TEXT
THE OFFICIAL ENGLISH VERSION
Preamble to the Treaty of Waitangi Her Majesty Victoria, Queen of the United Kingdom, of Great Britain and Ireland regarding with Her Royal favour the Native Chiefs and Tribes in New Zealand, and anxious to protect their just rights and property, and to secure to them the enjoyment of peace and good order, has deemed it necessary in consequence of the great number of Her Majestys subjects who have already settled in New Zealand, and the rapid extension of emigration both from Europe and Australia which is still in progress, to constitute and appoint a functionary properly authorised to treat with the Aborigines of New Zealand for the recognition of Her Majestys sovereign authority over the whole or any part of those islands. Her Majesty, therefore, being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary laws and institutions, alike to the native population and to Her subjects, has been graciously pleased to empower and authorise me, William Hobson, a captain in Her Majestys Royal Navy, Consul and LieutenantGovernor of such parts of New Zealand as may be or hereafter shall be ceded to Her Majesty, to invite the Confederate and Independent Chiefs of New Zealand to concur in the following Articles and Conditions; Article The First The Chiefs of the Confederation of the United Tribes of New Zealand, and the separate and Independent Chiefs who have not become members of the Confederation, cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or possess over their respective territories as the sole Sovereigns thereof. Article The Second Her Majesty, the Queen of England, confirms and guarantees to the Chiefs and Tribes of New Zealand, and to the respective families and individuals thereof the full, exclusive and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the Individual Chiefs yield to Her Majesty the exclusive right of pre-emption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them in that behalf.
Article The Third In consideration thereof Her Majesty, the Queen of England, extends to the Natives of New Zealand Her Royal protection and imparts to them all the rights and privileges of British subjects.
W. Hobson Consul and Lieutenant-Governor Now, therefore, we the Chiefs of the Confederation of the United Tribes of New Zealand, being assembled in congress at Victoria, in Waitangi, and we the separate and Independent Chiefs of New Zealand, claiming authority over the Tribes and territories which are specified after our respective names, having being made fully to understand the provisions of the foregoing Treaty, accept and enter 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.
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T H E M AO R I V E R S I O N
Preamble to the Treaty of Waitangi Ko Wikitoria, te Kuini o Ingarangi i tana mahara atawhai ki nga Rangatira me nga Hapu, o Nu Tirani, i tana hiahia, hoki kia tohungia ki a ratou rangatiratanga, me to ratou whenua, a kia mau tonu hoki te Rongo ki a ratou me te ata noho hoki kau wakaaro ia he mea tike kia tukua mai tetahi Rangatira hei kai wakarite ki nga tangata Maori o Nu Tirini. Kia wakaaetia e nga Rangatira Ma ori te Kawanatanga o te Kuini ki nga wahi katoa o te wenua hei me nga motu. Na te mea hoki he tokomaha ke nga tangata o tona iwi kua noho ki tenei wenua, a e mai nei. Na, ko te Kuini e hiahia ana kia wakaritea te Kawanatanga, kia kaua ai nga - kino e puta mai ki te tangata Ma ori ki te Pa keha e noho enoho ture kore ana. Na, kau pai te Kuini kia tukua a hau, a Wiremu Hopihona, he Kapitana i te Roiara Nawi, hei Kawana mo nga wahi katoa o Nu Tirini, e tukua aianei amua atu ki te Kuini e mea atu ana ia ki nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirini me era Rangatira atu enei ture ka korerotia nei. Ko Te Tuatahi Ko nga Rangatira o te Wakaminenga, me nga Rangatira katoa hoki, kihai i uru ki taua Wakaminenga, ka tuku rawa atu ki te Kuini o Ingarangi ake tonu atu te Kawanatanga katoa o ratou wenua. Ko Te Tuarua Ko te Kuini o Ingarangi ka wakarite ka wakaae ki nga Rangatira, ki nga Hapu, ki nga tangata katoa o Nu Tirini, te tino Rangatiratanga o o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te Wakaminenga me nga Rangatira katoa atu, ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te wenua, ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona. Ko Te Tuatoru Hei wakaritenga mai hoki mo te wakaaetanga ki te Kawanatanga o te Kuini. Ka tiakina e te Kuini o Ingarangi nga tangata Ma ori katoa o Nu Tirani. Ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarangi.
TRANSLATION
T R A N S L A T I O N O F T H E M AO R I V E R S I O N ( T H E A R T I C L E S O N LY ) , BY PROFESSOR SIR HUGH KAWHARU
The First The Chiefs of the Confederation and all the Chiefs who have not joined that Confederation give absolutely to the Queen of England for ever the complete government over their land. The Second The Queen of England agrees to protect the Chiefs, the Subtribes and all the people of New Zealand in the unqualified exercise of their chieftainship over their lands, villages and all their treasures. But on the other hand, the Chiefs of the Confederation and all the Chiefs will sell land to the Queen at a price agreed to by the person owning it and by the person buying it (the latter being) appointed by the Queen as her purchase agent. The Third For this agreed arrangement therefore, concerning the Government of the Queen, the Queen of England will protect all the ordinary people of New Zealand (ie, the Ma ori) and will give them the same rights and duties of citizenship as the people of England.
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A reconstruction of the signing of the Treaty at Waitangi in the Bay of Islands. Leonard C. Mitchell, 1901-1971.
A carving from the Waitangi Meeting house.
W. Hobson Consul and Lieutenant-Governor Na ko matou, ko nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirani, ka huihui nei ki Waitangi. Ko matou hoki ko nga Rangatira o Nu Tirani, ka kite nei i te ritenga o eni kupa, ka tangohia, ka wakaaetia katoatia e matou. Koia ka tohungia ai o matou ingoa o matou tohu. Ka meatia tenei ki Waitangi, i te ono o nga ra o Pepuere, i te tau kotahi mano, e waru rau, e wha tekau, o to tatou Ariki.
THE TREATY OF WAITANGI TODAY
The New Zealand Government has been responsible for all immigration matters from 1852 until today. It recognises that the Treaty is a living agreement which must grow and develop with time. Therefore, it has formed principles to aid and help in furthering the understanding of the Treaty. This means that when the Government deals with Maori, they must act with regard to the following principles: the principle of government (the Government has the right to govern and to make laws); the principle of self-management (iwi Maori have the right to organise themselves, and, under the law to control the resources they own); the principle of equality (all New Zealanders are equal under the law); the principle of reasonable co-operation (the Crown must act reasonably and in good faith towards its Treaty partner); the principle of redress (the Crown is responsible for providing effective processes for the resolution of grievances in the expectation that reconciliation can occur). Maori political demonstration has kept the Treaty debate alive. Although it has been a struggle for the political demonstrators, and the following generation, we are now beginning to see the rewards within mainstream society. And even though the gap between Maori and the Government in relation to the Treaty continues, it is through the valid efforts of many people that the dialogue has truly begun.
THE TREATY OF WAITANGI AND IMMIGRATION IN THE 21ST CENTURY
Immigration New Zealand recognises that the Treaty of Waitangi is the founding document of our nation. This means that Immigration New Zealand will consult with Maori on immigration matters. Immigration New Zealand understands also the social and economic benefits that you will bring to our country. These benefits will be shared with the rest of Aotearoa New Zealand. When you come to live in Aotearoa New Zealand, it will be useful for you to know about the Treaty, as it will help you to: understand the nature of society within Aotearoa New Zealand realise the significance of the Treaty within every aspect of life in Aotearoa New Zealand.
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TO D A Y W E A R E S T R O N G ENOUGH AND HONEST ENOUGH TO L E A R N T H E L E S S O N O F T H E LAST 150 YEARS, AND TO A D M I T T H A T T H E TR E A T Y H A S BEEN IMPERFECTL Y OBSERVED. I LOOK UPON IT AS A LEGACY OF PROMISE.
QUEEN ELIZABETH II ( TR E A T Y O F W A I T A N G I C E L E B R A T I O N S , 1 9 9 0 )
THE TREATY AND EMPLOYMENT
When looking for work, you may (in addition to relevant experience and qualifications) also find knowledge of the Treaty of Waitangi useful when: working alongside Maori working on issues that affect Maori -ori protocol is recognised within your workplace Ma Maori health, economics and politics are points for discussion applying for a job, especially in the public service. In most cases, showing some regard for the Treaty relationship in employment is encouraged.
An alternative to mainstream education is immersion. This uses the Maori language as the primary source of communication, and is available through Kohanga Reo (similar to Kindergarten, but taught in Maori language and immersed in Maori culture), -ori secondary school), and Whare Wananga Kura Kaupapa (Ma (tertiary education in Maori). This option is favoured by over 10% of the current population within Aotearoa New Zealand today.
THE TREATY AND EDUCATION
Te reo Maori (the Maori language) is an important aspect of the education system and society within Aotearoa New Zealand. Although English is primarily spoken, it is highly likely your children will be exposed to Maori language, culture and customs while attending schools in Aotearoa New Zealand. However, the levels of awareness regarding Maori culture will vary from place to place, so it is important that you anticipate Maori language, culture, and its values in the education system.
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Kaiako me nga tamariki (teacher and children) from a local Kohanga Reo (Maori preschool).
WHAT CAN I DO TO LEARN MORE?
To help you settle into Aotearoa New Zealand, it would be good for you to be aware of/have an understanding of the following: the Maori language -ori protocol Ma Maori culture and customs the Treaty and partnership.
The following websites are worth visiting if you require further information on the Treaty of Waitangi and the past and present history of Aotearoa New Zealand: www.govt.nz Official government portal; provides comprehensive information on Maori culture, history and society. www.tpk.govt.nz Run by the Ministry of Maori Development provides comprehensive -ori issues. information on Ma www.natlib.govt.nz Information on the Maori holdings in New Zealands national library. www.tepapa.govt.nz Information on the Maori treasures held in the national museum, Te Papa. www.archives.govt.nz Information on the Maori holdings in New Zealands national archives. www.nzhistory.net.nz Popular guide to New Zealand history and culture. www.waitangi.net.nz Specialist site dealing with the Treaty of Waitangi. www.teara.govt.nz Online encyclopaedia of New Zealand. www.maori.org.nz Maori website providing links to iwi organisations. www.tetaurawhiri.govt.nz Bilingual Maori Language Commission site.
To find out more you can contact the following organisations, or visit the websites listed.
OTHER TREATY AND MAORI RESOURCES
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New Zealand/Maori history -ori treasures (taonga) and learn more of Maori To view Ma culture and history, visit New Zealands national museum, Te Papa Tongarewa/Our Place, in Wellington. Visit: www.tepapa.govt.nz Maori claims Contact The Waitangi Tribunal Information Service for the latest information on Treaty claims. Visit: www.waitangi-tribunal.govt.nz Maori and Government Contact Te Puni Kokiri (Ministry of Maori Development) -ori issues. for the latest information on Ma Visit: www.tpk.govt.nz
GLOSSARY OF MAORI WORDS
Hapu Harakeke He Hongi Iwi Kaiako Kaupapa Kia Ko hanga Ko kiri Kura Marae subtribe flax bush a, or one (pending sentence structure), or some (plural) to press noses, a formal greeting tribal people teacher subject, topic let, so that, until = pending sentence structure learning nest to charge forward school, college a Maori communal facility (generally consisting of a meeting house, dining hall and kitchen) and greeting the (plural) of formally recognised as Papatuanuku earth mother camp high-ranking person language children (local) people of the land the (singular) treaty transluscent greenstone, pounamu to set alight develop overgrown bush canoe, vessel university finish proverb heart of the plant family house
GLOSSARY OF MAORI NAMES
Akaroa Aotearoa Hokianga Kaikoura Kaita ia (Kaitata ia) Kapiti Kawhia (Kaawhiawhi) Ko hanga Reo Kupe Kura Kaupapa Mana Manawatu Manukau Ma ori Motungarara - Opo tiki Otago Otaki Paihia Pa keha Rangitoto Rotorua Ruapuke Ta maki Tauranga Te Herenga Waka Te Kaha Te Papa Tongarewa Te Puni Kokiri Tokomaru Waiapu Waikanae Waikato Waimate Waitangi Wanganui Whakarewarewa Whakata ne Long harbour Long white cloud (Maori name for New Zealand) Returning To eat crayfish Food thrown about Crevice, joining To perform a ceremony Maori preschool The great Polynesian navigator who discovered Aotearoa Maori secondary school Strength, prestige, power Heart stood still Wading bird Indigenous person of Aotearoa Insect or lizard island The place of Potiki Correctly: Otakou the place of red earth or ochre To stick in (the place where the staff was stuck in the ground) Good here (partial transliteration) White person Blood sky (The) second lake Two hills Battle Sheltered anchorage The hitching post of the canoes The rope (or boundary line) The Treasure Box (Our Place, The National Museum) The group moving forward (the Ministry of Maori Development) An ancestral canoe, or a staff shelter Swallowing water Water, mullet (the glistening of the mullet) Flowing water Stagnant water Weeping water (properly: Whanganui) Big harbour To prepare for war To act like a man
Me Mihimihi Nga O Papa Puni Rangatira Reo Tamariki Ta ngata whenua Te Tiriti Tongarewa Tungia Tupu Ururua Waka Wananga Whakamutunga Whakatauk Whakaritorito Whanau Whare
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