Luca Liscapi & Connor Donaldson -
The Treaty of Waitangi, known as Te Tiriti in Māori, was signed in 1840 by representatives of the British Crown and hundreds of Māori rangatira (chiefs). It is the founding document of New Zealand (NZ) as it exists today. It contains 3 articles:
- Article 1 recognises British governance of NZ.
- Article 2 recognises Māori ownership of their land.
- Article 3 affords Māori full rights as British subjects.
Te Tiriti is a contract of trust between Britain and Māori, wherein Māori agreed to let the British live and govern in their country, while the British recognised Māori land ownership and rights. This document was intended to serve as the foundation of a peaceful and cohesive society, taking into account the desires and needs of both sides.
However, treaty issues rapidly became a key point of friction in NZ politics. This was chiefly because the British and Māori had not actually signed the same treaty - Articles 1 and 2 of the English and Māori texts were inaccurate translations of each other. Britain believed that in Article 1, Māori had signed sovereignty over to the Crown, while Māori believed they had only signed over kāwanatanga, or administrative governance. Māori believed they had retained sovereignty over their land through the tino rangatiratanga, or highest chieftainship that Article 2 afforded them, whereas Britain believed this wording to reflect land ownership.
This led both sides to believe they had final authority over land purchases, rapidly causing disputes and small-scale conflicts. These conflicts led many rangatira to conclude that the Crown was not delivering on what they believed to be its obligations under Te Tiriti. Some decided that for Britain to treat them with respect, they needed their own sovereign: a Māori King. Britain interpreted this as treason, resolving to respond to NZ conflicts with an iron fist.
This period of NZ history is known as the NZ Wars. It led to thousands of deaths, the confiscation of millions of acres of land from iwi (Māori tribes), the loss of Māori trust in the Crown, and the obsoletion of Te Tiriti. The Chief Justice of NZ’s Supreme Court even called Te Tiriti “worthless” and a “simple nullity” in 1877.
Te Tiriti remained legally irrelevant until pressure from indigenous activists led Parliament to recognise the principles of Te Tiriti in 1975. The parliament also established the Waitangi Tribunal for iwi to press claims against the Crown for violations of Te Tiriti. The Waitangi Tribunal’s recommendations have (to date) led the Crown to pay almost 1 billion New Zealand dollars (~570 million euros) to iwi, restoring some of the trust that Te Tiriti embodies. However, the scale of compensation has led some right-wing groups to call for a re-examination of Te Tiriti, as they consider it to be unfair and racially biased. They have called for a referendum on Te Tiriti, the cessation of what they call “race-based policies,” and more. This increasing loss of trust by non-Māori in Te Tiriti is making treaty issues increasingly divisive today. Moreover, Māori trust in Te Tiriti also remains fragile, further deepening treaty issues. So, whilst respect for Te Tiriti has come a long way since the colonial era, treaty issues remain far from a concrete resolution.
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