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What are the Treaty of Waitangi and Waitangi Tribunal?

Updated: Feb 20, 2023

The Treaty of Waitangi (Te Tiriti o Waitangi) is an important agreement that was signed by representatives of the British Crown and Māori in 1840.

The purpose of the Treaty was to enable the British settlers and the Māori people to live together in New Zealand under a common set of laws or agreements.


Early encounters


But before we get on to the Treaty, it's worthwhile getting some context, as provided by the excellent series The Aotearoa History Show. Here is the episode on Early Encounters.


The Treaty aimed to protect the rights of Māori to keep their land, forests, fisheries and treasures while handing over sovereignty to the English.

The document

  • recognises that Māori occupied New Zealand before British settlement

  • promises to protect Māori culture and to enable Māori to continue living in New Zealand as Māori

  • gives the Crown the right to govern and establish laws in the interests of all New Zealanders and to develop British settlement

  • gives Māori the same rights and status as British citizens

One version of the Treaty was written in Te Reo Māori and one in English - and the Te Reo version is not a direct translation of the English version. (When dealing with Treaty claims, the Waitangi Tribunal has to decide on issues that are raised due to the differences between the two versions.)


The Treaty of Waitangi is considered to be the country’s founding document and central to New Zealand law.



Waitangi Tribunal


The Waitangi Tribunal was established by Parliament in 1975, to provide Māori with a legal process for investigating their claims under the Treaty of Waitangi - such as their rights to natural resources like land and forests, or for compensation for actions by the Crown that are alleged to be in breach of the Treaty of Waitangi.


Once the Tribunal has investigated a claim, it then makes recommendations for how the claim could be resolved. In this way, the Tribunal process is an important part of the reconciliation of outstanding issues between Māori and non-Māori (or Pakeha).


The Waitangi Tribunal is made up of a chairperson and up to 20 other people who are chosen for their knowledge and experience. Approximately half of the members are Māori and half are non-Māori. They are appointed by the Governor-General on the recommendation of the Minister of Māori Affairs and in consultation with the Minister of Justice. Members are appointed for terms of up to three years.


The deadline for historical claims (claims which relate to events that happened before 21 September 1992) was 1 September 2008.


Any new claims can only concern Crown actions or omissions that occurred on or after 21

September 1992.


For more information, go to the Waitangi Tribunal website.


New Zealand Wars


To further understand the place of the Treaty of Waitangi, you've also got to understand the role that the New Zealand wars played in the subjectation of Māori and land seizures of the day.


As explained in the earlier video, Waikato Māori had been steadfast allies of Pākehā but the hunger for land from influential colonists and the rise of Kingitanga encourages Governor George Grey to launch a massive invasion. The war is devastating for Māori but the fighting is not as one-sided as the British expect.



British troops are leaving Aotearoa but conflict between the government and so-called “rebel” Māori gets more intense as settler militia enter the fray. Some Māori chose to fight alongside the Crown while others become followers of new religious movements, which seem to promise a way out.



 

Any video material in this article is not owned by "Matahati - Confessions from New Zealand". Video material embedded for this story is used on the basis of fair dealing to support the news reporting, criticism or the review objective of the article. Please support any YouTubers listed by liking, subscribing and, if appropriate, donating to their channels.

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