1. “The Declaration of Independence has been one of the best-kept historical secrets. People in our workshops are often excited when they see it, and rightly so, because until you do it is really hard to understand the Treaty of Waitangi”.
Mitzi Nairn (1995)

2. The Māori text
Maori declared their authority and leadership of their country – mana belonged solely to the chiefs and stemmed from the land
Affirmed their status as the highest authority in their lands and with their people
Asserted that laws made in their land and with their people can only come from te wakaminenga – the assembly of chiefs in this land

3. … ko te mana i te whenua o te wakaminenga … kei nga Tino Rangatira anake ...
translated as
… all sovereign power and authority … reside(s) entirely and exclusively in the hereditary chiefs and heads of tribes in their collective capacity,

4. Laws of tikanga
Obligations of rangatira – uphold tikanga and mana
Mana expressed by hapū – collective authority

5. Ngapuhi evidence
Illustrates Ngapuhi held complete authority in their lands
Lived by their own dynamic tikanga
Prosperous economies, trading relationships based on traditions of alliance and diplomacy
Te Wakaminenga formed to address new relationships
Te Wakaminenga gained in membership and influence from 1808 onwards

6. Ka mimiti te puna i Hokianga, ka toto te puna i Taumarere
Ka mimiti te puna i Hokianga, ka toto te puna i Taumarere. Ka mimiti te puna i Tāumarere, ka totō te puna i Hokianga.
Ngāpuhi kōwhao rau

7. The Maori text – was misinterpreted in Busby’s translation – this is what the Crown worked from
A rangatira proclamation

8. Ngapuhi Speaks pp
Pakeha writers privilege Pakeha figures in history
Privilege Pakeha histories and so accounts are weighted toward ethnocentric viewpoints
Such accounts ‘diminish the humanity of our Maori forebears’
None of the Crown witnesses who gave evidence consider the Maori texts in examining the details

9. Timeline of events leading up to 1840
1838 Hobson offered job of Consul to NZ
Bishop Pompallier lands in Hokianga
James Clendon appointed US Consul in Bay of Islands
Langlois seeks support for French Colony

10. Timeline of events leading up to 1840
Hobson told it was “impossible to send troops” to assist in NZ (Lord Normanby, Sec. of State)
Lord Russell ordered Gov. Gipps to assist Hobson with troops
NZ Co. begins settlement of Wellington.

11. Timeline of events leading up to 1840
January 29, Hobson takes up his appointment in Aotearoa
His instructions from Sec. of State
Seek sovereignty
Promise rights and possessions
Offer British citizenship

12. Te Tiriti o Waitangi & The Treaty of Waitangi
An exchange of acknowledgements and promises that implied obligations for both parties

13. Preamble Outlines purpose and intention of the Treaty.
to preserve the paramount authority of the chiefs
maintain peace and
will set up the Queen’s “governance” to do that
Undertakes to protect Māori Rights and Property,
secure peace and good order and
gain recognition of Her Majesty’s Sovereign

14. Te Tiriti Waitangi – Feb. 6th, 1840 Signatories - Hobson for the Crown
- Māori Chiefs
Four Articles to Te Tiriti
Article 1 governance
Article 2 guarantee
Article 3 citizenship
Article 4 freedom of religion

15. Tiriti - Ko te tuatahi The first (article)
Ko nga rangatira o te W(h)akaminenga me nga Rangatira katoa kihai i uru ki taua w(h)akaminenga ka tuku rawa atu ki te Kuini o Ingarangi ake tonu atu – te Kawanatanga o o ratou w(h)enua
translates as
The chiefs of the Confederation and all the Chiefs who have not joined that Confederation give absolutely to the Queen of England forever the Kawanatanga (governance) of their lands
governance
Here we have the acknowledgement of the document that went before this. The Dec. of Indep
Kawanatanga = governorship/governance

16. Treaty - 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
SERIOUS MISTRANSLATION OF THE MAORI

17. Tiriti - Ko te tuarua The second (article)
Ko te Kuini o Ingarangi ka w(h)akarite ka w(h)akaae ki ngā Rangatira – ki nga hapū ki nga tāngata katoa o Nu Tireni te tino rangatiratanga o ō rātou w(h)enua ō rātou kāinga me ō rātou taonga katoa. Otiia ko ngā Rangatira o te W(h)akaminenga me ngā Rangatira katoa atu ka tuku ki te Kuini te hokonga o ērā wāhi w(h)enua e pai ai te tangata nōna te w(h)enua – ki te ritenga o te utu e w(h)akaritea ai e rātou ko te kai hoko e meatia nei e te Kuini hei kai hoko mōna
Tino rangatiratanga = absolute sovereignty = autonomy
Maori agree that land that they wished to dispose of would be offered for sale firstly to the Crown/government.

18. Ko te Kuini ka whakaae ki nga Rangatira te tino rangatiratanga o o ratou w(h)enua o ratou kainga me o ratou taonga katoa
translates as
The Queen agrees to the Chiefs having the unqualified exercise of their paramount authority (sovereignty) over their lands, villages and all their treasures.

19. Ko ngā Rangatira ka tuku ki te Kuini te hokonga o ērā wāhi w(h)enua e pai ai te tangata nōna te w(h)enua
translates as
The Chiefs allow the Queen to trade for [the use of] those parcels of land which those whose land it is consent to…

20. Treaty - 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 and exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess as 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 and persons appointed by Her Majesty to treat with them in that behalf.
guarantee

21. Ko te tuarua / Article the second
Tino rangatiratanga
= unqualified exercise of paramount authority
(i.e. sovereignty)
becomes
full exclusive and undisturbed possession
Ka tuku te hokonga
= allows to trade [for the use]
Exclusive right of pre-emption
SERIOUS MISTRANSLATIONS OF THE MAORI

22. Tiriti - Ko te tuatoru Translates as
Hei whakaritenga mai hoki tenei mo te w(h)akaaetanga ki te Kawanatanga o te Kuini – Ka tiakina e te Kuini o Ingarangi nga tangata maori katoa o Nu Tireni ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarangi
Translates as
For this agreed arrangement therefore concerning the Governance of the Queen, the Queen of England will protect all the ordinary people of NZ and will give them all the same entitlements as her people of England

23. Treaty - 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.
citizenship

24. Constitutional Lawyer Moana Jackson:
Treaties are made between sovereign nations
They are signed by mutual agreement
They are based on respect and good faith

25. What should have happened:
Māori would have greatly benefited from British immigration,
remaining in complete control of their lives and all their resources and accessing and using English technology, literacy, trading opportunities and the Christian religion.
Responsibility for the lawlessness of the British immigrants was now the Queen of England’s

26. What happened
Despite clear instructions from the British government to adhere to the Treaty, British immigrant settlers acquired an insatiable greed for Māori land and resources and an immovable determination to have complete political and economic dominance in New Zealand.
They therefore ignored those instructions and violated the Treaty with impunity – and continue to do so.
Waitangi Tribunal reports attest to the violation of the treaty and we shall be studying these ourselves.

27. What happened Walker (2004:93)
“…subsequent to the signing of the treaty, the Pakeha behaved towards the Māori on the assumption they held sovereignty, while Māori responded in the belief that they had never surrendered it.”
Māori continue to believe today that we have never ceded sovereignty (Ngapuhi Speaks).

28. Te Tiriti o Waitangi & The Treaty of Waitangi
An exchange of acknowledgements and
promises that implied obligations for
both parties.
The Treaty provides the basis or the right by which Pakeha have residence here in Aotearoa
Durie: