What Is Treaty of Waitangi? 184-Year-Old Document Granting Land Rights To Maori Tribes

Treaty of Waitangi: Thousands of people have embarked on a nine-day march to New Zealand’s capital to oppose a controversial bill aimed at redefining the nation’s foundational agreement between the British Crown and the Indigenous Māori people.

Protesters march through Rotorua

According to New Zealand police, approximately 10,000 protesters marched through Rotorua on Friday, demonstrating against the Treaty Principles Bill. The marchers were welcomed by crowds waving the Māori flag as they proceeded southward to Wellington, located about 450 kilometers (280 miles) away.

The march, referred to as a hikoi in Māori, is expected to conclude in Wellington on Tuesday. Along the way, participants plan to hold rallies in towns and cities across the country. This mobilization follows the bill’s passage through its first parliamentary reading on Thursday.

Revision of the Treaty of Waitangi

The proposed legislation represents a significant revision of the Treaty of Waitangi, an agreement signed 184 years ago that granted Māori tribes extensive rights to preserve their lands and safeguard their interests in exchange for ceding governance to the British. The Treaty continues to influence legislation and policy in contemporary New Zealand.

The bill was introduced by the ACT New Zealand party, a junior partner in the governing center-right coalition, which had pledged its introduction during the previous year’s election campaign. Proponents argue that the rights outlined in the Treaty should extend to all citizens, not just Indigenous populations.

What is Treaty of Waitangi?

The Treaty of Waitangi, considered New Zealand’s founding document, takes its name from the Bay of Islands location where it was first signed on February 6, 1840. This date is now commemorated as a public holiday in New Zealand. The Treaty, written in both Māori and English, was an agreement between the British Crown and approximately 540 Māori chiefs (rangatira).

By the late 1830s, increasing numbers of British settlers, large-scale land purchases involving Māori, and concerns over lawlessness and potential French annexation had prompted the British government to secure sovereignty over New Zealand. Lieutenant-Governor William Hobson, supported by figures like James Busby, was tasked with achieving this goal. The Treaty, drafted within a few days, was translated into Māori overnight by missionary Henry Williams and his son, Edward.

Primary agreements under the treaty

On February 6, 1840, around 500 Māori debated the Treaty for an entire day and night before it was signed by approximately 40 chiefs, starting with Hōne Heke. Over the following months, additional signatures were collected, bringing the total to about 540. Some chiefs signed reluctantly or did not fully understand its implications, while others refused or lacked the opportunity to sign. Almost all signed the Māori version of the Treaty, which differed in key respects from the English version.

The English version of the Treaty outlined three primary agreements: Māori would cede sovereignty to Britain, the Crown would have exclusive rights to purchase Māori lands offered for sale, and Māori would retain ownership of their lands, forests, fisheries, and other possessions while receiving the rights of British subjects.

Māori version of treaty varies from the english version

However, the Māori version used terms that implied different understandings. For instance, “sovereignty” was translated as kāwanatanga (governance), and “undisturbed possession” was translated as tino rangatiratanga (absolute authority) over taonga (treasures, which could include intangible items).

These differing interpretations have fueled long-standing debates. From the 1970s onward, Māori advocacy for the Treaty’s terms to be honored gained momentum, often manifesting in protests, marches on Parliament, and land occupations. The Treaty of Waitangi is not automatically part of New Zealand law unless its principles are incorporated into specific Acts of Parliament. The Waitangi Tribunal, established in 1975, investigates claims of breaches by the Crown and interprets the Treaty’s meaning. Over 2,000 claims have been filed, leading to several significant settlements.

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