It was through this court that much Māori land was alienated, and the way in which it functioned is much criticised today. Few Māori involved with the treaty negotiations understood the concepts of sovereignty or "governorship", as they were used by 19th-century Europeans, and lawyer Moana Jackson has stated that "ceding mana or sovereignty in a treaty was legally and culturally incomprehensible in Māori terms". [60] Hobson had no intention of requiring the unanimous assent of Māori to the treaty, but was willing to accept a majority, as he reported that the signings at Waitangi represented "Clear recognition of the sovereign rights of Her Majesty over the northern parts of this island". [145] For most of the twentieth century, textbooks, government publicity and many historians touted the treaty as the moral foundation of colonisation and argued that it set race relations in New Zealand above those of colonies in North America, Africa and Australia. [33][34] Normanby's instructions in 1839 show that the Colonial Office had shifted their stance toward colonisation and "a settler New Zealand in which a place had to be kept for Māori", primarily due to pressure from increasing numbers of British colonists,[33] and the prospect of a private enterprise in the form of the New Zealand Company colonising New Zealand outside of the British Crown's jurisdiction. [69], In Hobson's first dispatch to the British government,[70] he stated that the North Island had been ceded with "unanimous adherence" (which was not accurate) and while Hobson claimed the South Island by discovery based on the "uncivilised state of the natives", in actuality he had no basis to make such a claim. In 1975 the New Zealand Parliament passed the Treaty of Waitangi Act, establishing the Waitangi Tribunal as a permanent commission of inquiry tasked with interpreting the treaty, researching breaches of the treaty by the Crown or its agents, and suggesting means of redress. Der Vertrag von Waitangi (englisch: Treaty of Waitangi, MÄori: Tiriti o Waitangi) wurde am 6.Februar 1840 bei Waitangi in der Bay of Islands, Neuseeland, unterzeichnet.Heute gilt der 6. These discrepancies led to disagreements in the decades following the signing, eventually contributing to the New Zealand Wars[7] of 1845 to 1872. See Te Tiriti o Waitangi for the text of the Waitangi sheet. ISSN 0080-5319 Scientific ⦠[58], In 1940, New Zealand issued a 21⁄2d stamp recognising the centenary of the treaty. Author: Winstonwolfe at Inglis Wikipaedia: Licensin. From April to May 1838, the House of Lords held a select committee into the "State of the Islands of New Zealand". The first article of the English text grants the Queen of England "absolutely and without reservation all the rights and powers of Sovereignty" over New Zealand. [9] It is nevertheless regarded as the founding document of New Zealand. The first article indicates that the Māori chiefs "give absolutely to the Queen of England for ever the complete government over their land" (according to a modern translation by Hugh Kāwharu). This document was not well received by the Colonial Office in Britain, and it was decided that a new policy for New Zealand was needed. Media in category "Treaty of Waitangi" The following 25 files are in this category, out of 25 total. While copies were moved around the country to give as many tribal leaders as possible the opportunity to sign, some missed out, especially in the South Island, where inclement weather prevented copies from reaching Otago or Stewart Island. As of September 2008[update], there were 23 such settlements of various sizes, totalling approximately $950 million. [44] There were doubts even during the drafting process that the Māori chiefs would be able to understand the concept of relinquishing "sovereignty". [63] The papers were restored by the Dominion Museum in 1913 and kept in special boxes from then on. [8], The anniversary of the signing of the treaty – 6 February – is the New Zealand national day, Waitangi Day. Material from that site was combined with other topics on NZHistory to provide a range of features about the Treaty of Waitangi and Waitangi Day. : Date: 7 février 2006 (date de téléversement originale): Source: La source nâa pas pu être reconnue automatiquement. 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 Preemption 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. Trade between Sydney and New Zealand increased as traders sought kauri timber and flax and missionaries purchased large areas of land in the Bay of Islands. The third article guarantees to all Māori the same rights as all other British subjects.[78]. [178][179] Waitangi Day has been the focus of protest by Māori (as was particularly the case from the 1970s through to the 1990s), but today the day is often used as an opportunity to discuss the history and lasting effects of the treaty. In Māori usage the term applies much more broadly than the English concept of legal property, and since the 1980s courts have found that the term can encompass intangible things such as language and culture. The Treaty of Waitangi was written on nine separate sheets. There are too many Europeans here now and there are children that will unite our races[55], Bishop Pompallier, who had been counselling the many Catholic Māori in the north concerning the treaty, urged them to be very wary of the treaty and not to sign anything. Sir Geoffrey Palmer QC", "NATIONHOOD – Don Brash Speech Orewa Rotary Club", "Doug Woolerton's Principles of the Treaty of Waitangi Deletion Bill", "Principles of the Treaty of Waitangi Deletion Bill – First Reading", "New Zealand Parliament – Principles of the Treaty of Waitangi Deletion Bill", "Report on Stage 1 of the Te Paparahi o Te Raki Inquiry Released", "New stamp for 175th anniversary of the Treaty of Waitangi", "Simple Nullity or Birth of Law and Order? Nevertheless, the British government showed little interest in following up this claim for over half a century. The bill failed to pass its second reading in November 2007. RECONNAISSANT le grand attachement du gouvernement de Nouvelle-Zélande aux principes du traité de Waitangi, IN ANERKENNUNG des besonderen Engagements der Regierung von Neuseeland für die Grundsätze des Vertrags von Waitangi, EurLex-2 EurLex-2 . A number of non-signatory Waikato and Central North Island chiefs would later form a kind of confederacy with an elected monarch called the Kīngitanga. [153] In New Zealand Maori Council v Attorney General (1990) the case concerned FM radio frequencies and found that the treaty could be relevant even concerning legislation which did not mention it and that even if references to the treaty were removed from legislation, the treaty may still be legally relevant. [150] The protest movement can be seen as part of the worldwide civil rights movements, which emerged in the 1960s. But that's not going to solve our difficulties. [134] The accumulation of court fees, lawyers fees, survey costs, and the cost of travelling to attend court proceedings resulted in mounting debts that could only be paid by the eventual sale of the land. Normanby gave Hobson three instructions – to seek a cession of sovereignty, to assume complete control over land matters, and to establish a form of civil government, but he did not provide a draft of the treaty. [85] There is considerable debate about what would have been a more appropriate term. [28][29] Normanby wrote at length about the need for British intervention as essential to protect Māori interests, but this was somewhat deceptive. [120][134] Simultaneously, Māori rights over fisheries (guaranteed in article 2 of the treaty) were similarly degraded by laws passed in the late 19th century. Hobson recommended in his report that British sovereignty be established over New Zealand, in small pockets similar to the Hudson's Bay Company in Canada. [140], Despite this, Māori frequently used the treaty to argue for a range of demands, including greater independence and return of confiscated and unfairly purchased land. 1840 waren mehrere Häuptlinge der NgÄti Kahungunu unter den Unterzeichnern des Vertrages von Waitangi. [37], Hobson left London on 15 August 1839 and was sworn in as Lieutenant-Governor in Sydney on 14 January, finally arriving in the Bay of Islands on 29 January 1840. [127], In July 1860, during the conflicts, Governor Thomas Gore Browne convened a group of some 200 Māori (including over 100 pro-Crown chiefs handpicked by officials)[128] to discuss the treaty and land at Kohimarama, Auckland. [180][181] The anniversary is officially commemorated at the Treaty House at Waitangi, where it was first signed. Protestant Chiefs such as Hōne Heke, Pumuka, Te Wharerahi, Tāmati Wāka Nene and his brother Eruera Maihi Patuone were accepting of the Governor. (signed) William Hobson, Consul and Lieutenant-Governor. Grey's successor as Governor, George Bowen, took direct control of native affairs until his term ended in 1870. [2] Around 530 to 540 Māori, at least 13 of them women, signed the Māori language version of the Treaty of Waitangi, despite some Māori leaders cautioning against it. [78], The English text (from which the Māori text is translated) starts with the preamble and presents Queen Victoria "being desirous to establish a settled form of Civil Government", and invites Māori chiefs to concur in the following articles. Hazard-memorial.jpg 500 × 677; 172 KB. The membership was further increased in another amendment in 1988. [62], To enhance the treaty's authority, eight additional copies were sent around the country to gather additional signatures:[63], About 50 meetings were held from February to September 1840 to discuss and sign the copies, and a further 500 signatures were added to the treaty. The Treaty of Waitangi in Legal and Historiographical Discourse from 1877 to 1970", https://en.wikipedia.org/w/index.php?title=Treaty_of_Waitangi&oldid=1010428065, Treaties of the United Kingdom (1801–1922), Short description is different from Wikidata, Use New Zealand English from February 2021, All Wikipedia articles written in New Zealand English, Pages using multiple image with manual scaled images, All Wikipedia articles needing clarification, Wikipedia articles needing clarification from March 2021, Articles containing potentially dated statements from September 2008, All articles containing potentially dated statements, Pages using Sister project links with hidden wikidata, Wikipedia articles with TePapa identifiers, Wikipedia articles with WorldCat-VIAF identifiers, Creative Commons Attribution-ShareAlike License. The day was first commemorated in 1934,[177] when the site of the original signing, Treaty House, was made a public reserve (along with its grounds). [99] Although there is still a great deal of scholarly debate surrounding the extent to which literacy had permeated Māori society at the time of the signing, what can be stated with clarity is that of the 600 plus rangatira who signed the written document only 12 signed their names in the Latin alphabet. Der Vertrag von Waitangi und seine Bedeutung in der neuseeländischen Geschichte und Politik Other title The Treaty of Waitangi and its signification in New Zealand's history and politics (en) Author LAUBACH, Ernst 1 [1] Historisches Seminar, Westf. They did not have second thoughts when later reports revealed more detail about the inadequacies of the treaty negotiations, and they did not take issue with the fact that large areas of the North Island had not signed. [153] Many Māori were concerned that the proposal would relegate the treaty to a lesser position, and enable the electorate (who under the original Bill of Rights would be able to repeal certain sections by referendum) to remove the treaty from the Bill of Rights altogether. [48] Hobson believed that elsewhere in the country the Crown could exercise greater freedom over the rights of "first discoverers", which proved unwise as it led to future difficulties with other tribes in the South Island.[49]. [138] This remained the legal orthodoxy until at least the 1970s. English: Treaty House, Waitangi in 2006 with historic protection NZHPT Category I, registration number 6. [104] Instead, Grey drafted what would later become the New Zealand Constitution Act 1852, which determined the right to vote based on land-ownership franchise. [54] The treaty signing began in the afternoon. Article three gives Māori people full rights and protections as British subjects. [60] Those that signed at Waitangi did not even represent the north as a whole; an analysis of the signatures shows that most were from the Bay of Islands only and that not many of the chiefs of the highest rank had signed on that day. Vertrag von Windsor Treaty of Windsor. Initially, this worked well with the Governor and his representatives having the sole right to buy and sell land from the Māori. Some have argued that the treaty should be further incorporated as a part of the New Zealand constitution, to help improve relations between the Crown, Māori and other New Zealanders. [84], Furthermore, kāwanatanga is a loan translation from "governorship" and was not part of the Māori language. Im Vertrag von Waitangi, abgeschlossen am 6. [93][92] Another, less important, difference is that Ingarani, meaning England alone, is used throughout in the Māori text, whereas "the United Kingdom of Great Britain and Ireland" is used in the first paragraph of the English. Eight of the sheets, including the first (known as the Waitangi sheet), were written in the Māori language. [40], Without a draft document prepared by lawyers or Colonial Office officials, Hobson was forced to write his own treaty with the help of his secretary, James Freeman, and British Resident James Busby, neither of whom was a lawyer. [142] In 1938, the judgement of the case Te Heuheu Tukino v Aotea District Maori Land Board considered the treaty as valid in terms of the transfer of sovereignty, but the judge ruled that as it was not part of New Zealand law it was not binding on the Crown. Subsequent amendments to the Act, as well as other legislation, eventually acquiesced to campaigns to make Waitangi Day a national holiday in 1976. [139] Māori have since argued that Prendergast's decision, as well as laws later based on it were a politically convenient and deliberate ploy to legitimise the seizure of Māori land and other resources. Der Vertrag von Waitan... My Searches (0) My Cart Added To Cart Check Out. [63] It was announced in 2012 that the nine Treaty of Waitangi sheets would be relocated to the National Library of New Zealand in 2013. It has become a document of central importance to the history, to the political constitution of the state, and to the national mythos of New Zealand, and has played a major role in framing the political relations between New Zealand's government and the Māori population, especially from the late-20th century. [52] Hobson read the treaty aloud in English and Williams read his Māori version. In 1834 Busby drafted a document known as the Declaration of the Independence of New Zealand which he and 35 northern Māori chiefs signed at Waitangi on 28 October 1835, establishing those chiefs as representatives of a proto-state under the title of the "United Tribes of New Zealand". The $2.50 sheet showed the figures of Tamati Waka Nene and William Hobson shaking hands. Le traité de Waitangi, signé en 1840, garantissait que les iwi (tribus) MÄori devaient avoir l'entière possession de leurs terres, forêts, zones de pêche et autres taonga (trésors). Since most Māori land was communally owned, very few Māori had the right to vote for the institutions of the colonial government. Subjects. [57], Afterwards, the chiefs then moved to a river flat below Busby's house and lawn and continued deliberations late into the night. [76] In 2017, the He Tohu permanent exhibition at the National Library opened, displaying the treaty documents along with the Declaration of Independence and the 1893 Women's Suffrage Petition.[77]. Many of the ships came from Sydney. Hon. Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini – Ka tiakina e te Kuini o Ingarani nga tangata maori katoa o Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani. [146], The Waitangi Day Act of 1960 was a token gesture towards acknowledging the Treaty of Waitangi and somewhat preceded the Māori protest movement as a whole. Nonetheless, the expected benefits of British protection must have outweighed their fears. [94], Based on these differences, there are many academics argue that the two versions of the treaty are distinctly different documents they refer to as "Te Tiriti o Waitangi" and "The Treaty of Waitangi",[95][96] and that the Māori text should take precedence, because it was the one that was signed at Waitangi and by the most signatories. This was intended to protect Māori from the kinds of shady land purchases which had alienated indigenous peoples in other parts of the world from their land with minimal compensation. [26] This was the first clear expression of British intent to annex New Zealand.[26]. Menu. Māori at the signing were further encouraged by English Missionaries, who believed that British regulation would be invaluable to the future welfare of Māori as European settlers continued to arrive. [131][132], The Native Land Court (later renamed the Māori Land Court) was established under the Native Land Court Act of 1862, which also finally abolished the Crown right to pre-emption. Zobrazuji stranu 1. [116], The growing disagreement over British sovereignty of the country led to several armed conflicts and disputes beginning in the 1840s,[117] including the Flagstaff War, a dispute over the flying of the British Union Flag at the then colonial capital, Kororareka in the Bay of Islands. [75] After the outbreak of war with Japan, they were placed with other state documents in an outsize luggage trunk and deposited for secure custody with the Public Trustee at Palmerston North by the local member of parliament, who did not tell staff what was in the case. [184], 1840 treaty between representatives of the British Crown and various Māori chiefs, The Waitangi Sheet of the Treaty of Waitangi, Effects on Māori land and rights (1840–1960), Resurgence and place in New Zealand Law (1960–present), Declaration of the Independence of New Zealand, United Kingdom of Great Britain and Ireland, New Zealand Maori Council v Attorney-General, Treaty of Waitangi claims and settlements, Declaration of the Independence of New Zealand / He Whakaputanga, "Additional Instructions from Lord Normanby to Captain Hobson 1839 – New Zealand Constitutional Law Resources", "Treaty of Waitangi signings in the South Island", "Treaty of Waitangi – Te Tiriti o Waitangi", "New Zealand's constitution – past, present and future", Ministry for Culture and Heritage / Te Manatū Taonga, "Taming the frontier Page 4 – Declaration of Independence", "Chapter VI – A select committee on the islands of New Zealand", "Paul Moon: Hope for watershed in new Treaty era", "Proclamation of Sovereignty over the North Island 1840 [1840] NZConLRes 9", "Proclamation of Sovereignty over the South and Stewart Islands 1840 [1840] NZConLRes 10", "Hobson proclaims British sovereignty over New Zealand", "Proclamation on the Illegal Assumption of Authority in the Port Nicholson District 1840 [1840] NZConLRes 11", "Treaty of Waitangi to be moved from Archives to National Library", "View of Te Arewhana Kei Roto i Te Rūma: An Indigenous Neo-Disputatio on Settler Society, Nullifying Te Tiriti, 'Natural Resources' and Our Collective Future in Aotearoa New Zealand", "Constitutional Intentions: The Treaty Texts", "Story: Muriwhenua tribes, Page 4 – European contact", "New Zealand officially becomes British colony", "Treaty of Waitangi – The first decades after the treaty – 1840 to 1860", "The Kohimärama Conference of 1860: A Contextual Reading", "Treaty events 1850–99 – Treaty timeline", "Treaty of Waitangi – Dishonouring the Treaty – 1860 to 1880 – Kohimarama Conference, 1860", "The Harkness Henry lecture: the challenge of Treaty of Waitangi jurisprudence", "Ngā rōpū tautohetohe – Māori protest movements", "The Treaty in practice: Page 6 – The Treaty Debated", "Māori, the Treaty and the Constitution – Rt. How to you. [157], Legislation after the State Owned Enterprises case has followed suit in giving the treaty an increased legal importance. See also a pdf version with explanatory footnotes by Professor Hugh Kawharu. [173] Settlements generally include financial redress, a formal Crown apology for breaches of the treaty, and recognition of the group's cultural associations with various sites. [16] This trade was seen as mutually advantageous, and Māori tribes competed for access to the services of Europeans that had chosen to live on the islands because they brought goods and knowledge that were essential to the local iwi (the Māori word for the social unit often called "tribe" or "people"). [126] In some cases Grey or his associates bullied the owners into selling by threatening to drive them out with troops or employ rival chiefs to do so. [176] Recommendations of the Tribunal are not binding on the Crown, but have often been followed. [134] By the end of the century, nearly all of the highest quality Māori land had been sold, with only two million hectares remaining in Māori possession. [61] Hobson considered the initial signing at Waitangi to be the "de facto" treaty, while later signings merely "ratified and confirmed it". [45], Realising that a treaty in English could not be understood, debated or agreed to by Māori, Hobson instructed missionary Henry Williams and his son Edward Marsh Williams, who was more proficient in Te Reo, the Māori language, to translate the document, and this was done overnight on 4 February. The Māori were still deeply distrustful of the French, due to a massacre of 250 people that had occurred in 1772, when they retaliated for the killing of Marion du Fresne and some of his crew. Achetez neuf ou d'occasion Vertrag zwischen Deutschland und England über die Kolonien und Helgoland Heligoland-Zanzibar Treaty. A northern chief, Nōpera Panakareao, also early on summarised his understanding of the treaty as "Ko te atarau o te whenua i riro i a te kuini, ko te tinana o te whenua i waiho ki ngā Māori" (The shadow of the land will go to the Queen [of England], but the substance of the land will remain with us). [92] Many Māori apparently believed that they were simply giving the British Queen first offer on land, after which they could sell it to anyone. (signed) William Hobson, Lieutenant-Governor. The Māori text has the same overall structure, with a preamble and three articles. [115] At this time Māori and others argued that the government's abuse of the pre-emption clause was incompatible with article three of the treaty which guaranteed Māori equal rights to those of British subjects. [120] This was especially the case from the mid-19th century, when they lost numerical superiority and generally lost control of most of the country and had little representation in government or the councils where decisions that impacted their affairs were made. [112] Soon Māori became disillusioned and less willing to sell, while the Crown came under increasing pressure from settlers wishing to buy. [3][4] An immediate result of the treaty was that Queen Victoria's government gained the sole right to purchase land. [17] As a result of trade, Māori society changed drastically up to the 1840s. [112] Consequently, government land agents were involved in a number of dubious land purchases, agreements were sometimes negotiated with only one owner of tribally owned land and in some cases land was purchased from the wrong people altogether. The papers were fastened together and then deposited in a safe in the Colonial Secretary's office.[75].
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