The Treaty and a Written Constitution

Prepared by the One New Zealand Foundation Inc.

Whether you like it or not, there is going to be a written constitution and it's going to be based on the Treaty of Waitangi; our founding document. Therefore we must make surewe use the correct treaty - Te Tiriti o Waitangi in the Maori language, the only document that was presented and signed at Waitangi on the 6th February 1840, then endorsed by over 500 chiefs from around the country.

The majority of the Constitution Advisory Board firmly believe the Tiriti o Waitangi was a "Partnership between Maori and the Crown", when in fact it was to unite “all the people of New Zealand” under on flag and one law. “He iwi tahi tatou – We are now one people” – New Zealanders.These peoplewill continue to distort the Tiriti o Waitangi by omitting the Preamble that ceded sovereignty to Britain or recognise “all the people of New Zealand” in Article 2.

Distorting the Treaty

Over the last 35 years the translations of the Tiriti o Waitangi have been distorted to give Maori preferential rights over all other New Zealanders. Sir Hugh Kawhura’s biased translation, which he admits was, “An attempt at a reconstruction of the literal translation of the Maori text” was used by the 1987 Court of Appeal to write the majority of New Zealanders out of the treaty by making it into a “Partnership between Maori and the Crown”. From Margaret Mutu’s translation of the Treaty in, “Weeping Waters”, she has distorted the Maori language to such an extent it can no longer be translated to give a true interpretation of the Tiriti o Waitangi. The Maori activists have distorted and destroyed a once noble language to benefit their own people over all others.

Our Constitution must be based on the Tiriti o Waitangi, and the “official” interpretation of the day supported by the final draft. We must not allow the Maori activists to continue to interpret and translate it to their advantage as Government allowed them to do with the Principles and Partnership. The Tiriti o Waitangi gave the same rights to “all the people of New Zealand” irrespective of race, colour or creed. We must stand up for our rights and fight to have the one and only Treaty, Te Tiriti o Waitangi and its translation of the day recognised as our founding document and base our written Constitution on this “original document”.

Governor Hobson never wrote or authorised an ‘English version’ of the Treaty of Waitangi.

"The treaty which forms the base of all my proceedings was signed at Waitangi on the 6th February 1840, by 52 chiefs, 26 of whom were of the federation, and formed a majority of those who signed the Declaration of Independence. This instrument I consider to be de facto the treaty, and all signatures that are subsequently obtained are merely testimonials of adherence to the terms of that original document", Governor William Hobson.

The Tiriti o Waitangi in the Maori language signed at Waitangi on the 6th February 1840 was the only treaty Governor William Hobson authorised to be signed by the Chiefs. Over 500 Chiefs signed a copy of this “original document”.

Treatise of Te Tiriti o Waitangi

The Parts of the Treaty

Preamble –A preliminary statement or introductory part of an agreement or a contract.

While the first part of the Treaty of Waitangi is referred to as the Preamble, it is a lot more than that; it is the ‘essence’ of the Treaty. While it did introduce the reasons for a Treaty it also told the chiefs that Captain William Hobson would form a legal government and would be Governor of New Zealand if they agreed to cede their individual territories/sovereignty to the Queen. Since 1975 the Preamble has been removed from most Treaty publications, including the public display panels at Te Papa, our national museum to allow Maori to deny the fact, their ancestors gave up/ceded all parts of New Zealand to the Queen in 1840. Legally the Treaty consists of the whole document, including the Preamble and not just the Articles that are being used today to give advantage and privilege to Maori over their fellow New Zealand Citizens. The Preamble is part of the whole Treaty document.

Articles – The clauses or items in an agreement or contract.

The Articles were the laws that must be obeyed by “all the people of New Zealand” if the Chiefs agreed to sign the Treaty of Waitangi and give up their territories, sovereignty and government to the Queen. The Articles made no mention of fisheries, forests, treasures, principles or partnership, just the laws that must be obeyed by all if the chiefs agreed to give up/cede their territories to the Queen. The Articles are part of the whole Treaty document.

Below is the Tiriri o Waitangi translated by the Rev Henry Williams and his son Edward, from Governor Hobson’s final English draft of the Treaty of Waitangi dated the 4 February 1840 and the “official” translation back into English (in blue) made for the Legislative Council by Mr. T E Young of the Native Department in 1869.

Te Tiriti O Waitangi

(First sentence)

KO WIKITORIA, te Kuini o Ingarni, I tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani I tana hiahia hoki tohungia ki a ratou rangatiatanga, me a ratou wenua, a kia mau tonu hoki te Rongo ki a ratoa me te Atanoho hoki kua wakaaro ia he mea tiki kia tukua mai tetahi Rangatira hei kai wakarite ki nga Tangata maori o Nu Tirani-kia wakaaeti e nga Rangatira maori te Kawantanga o te Kuni ki nga wahikatoa o te Wenua nei me nga Motuna te mea hoki he tokomaha o tona Iwi Kua noho ki tenei wena, a e haere mai nei.-

Victoria, Queen of England, in her kind thoughtfulness to the Chiefs and Hapus of New Zealand, and her desire to preserve to them their chieftainship and their land, and that peace may always be kept with them and quietness, she has thought it a right thing that a Chief should be sent here as a negotiator with the Maoris of New Zealand – that the Maoris of New Zealand may consent to the Government of the Queen of all parts of this land and the islands, because there are many people of her tribe that have settled on this land and are coming hither.

Note.This first sentence is the Preamble. It gave the introduction and reason for the treaty.

(Second sentence)

No ko te Kuni e hiahia ana kia wakaritea te Kawanatanga kia kaua ai nga kino e puta mai ki te tangata Maori ki te Pakeha e noho ture kore ana.

Now the Queen is desirous to establish the Government, that evil may not come to the Maoris and the Europeans who are living without law.

Note. After thirteen northern chiefs wrote to the King in 1831 asking him to be their guardian and protector, not only from themselves but also from the French, Britain sent a Resident, James Busby to keep peace between the Maoris and Europeans as they were living without law and order. In 1835 Busby tried to get the chiefs to form their own government with the introduction of the ‘Declaration of Independence’ to bring law and order to “all the people of New Zealand” but with the ever-present inter-tribal tension and fighting, it was abandoned within 12 months without one meeting taking place, therefore was never ratified. It became evident the chiefs did not have the ability or will to form a united government to bring law and order to a country in turmoil. The Northern tribes had slaughtered an estimated 60,000 unarmed Southern tribes (half the Maori population) who were arming themselves to travel North for utu – revenge. As Maori now had the musket, old scores were also being settled up and down the county with atrocious acts of cruelty to each other. Cannibalism was also widespread prior to the treaty therefore the 2000 Europeans living in New Zealand in 1840 would hardly have been a real threat to the 60,000 Maoris. See “This Horrid Practise” by Dr Paul Moon.

“Before the arrival of Europeans, Maori had no name for themselves, only a number of tribal names" (Department of Labour, 1985). King (1985, p12) defines ‘Maori’ as a derivative "from ‘tangata maori’ meaning ordinary people" referring to the "descendants of the country’s first Polynesian immigrants". The Hon John Key has accepted the United Nations Declaration on the Rights of Indigenous People without any evidence that Maori were the Indigenous people. Governor Hobson described Maori as ‘tangata maori’, "descendants of the country’s first Polynesian immigrants", not the first immigrants.

There are three very important points in this sentence. (1). Governor Hobson referred to Maori as “tangata maori” not aborigines, natives, tangata whenua or indigenous, therefore he must have known they were not the first inhabitants of New Zealand. (2). Governor Hobson realised that without law and order the Maori race would soon become extinct. (3). While Governor Hobson recognised Maori as a distinct race of people in 1840; through intermarriage of their own free will with other races, Maori today are not the distinct race of people that signed the Tiriti o Waitangi in 1840. Today, they are New Zealand citizens of Maori descent as one sees in legislation.

(Third sentence)

Na kua pai te Kuni kai tukua a hau a Wirimu Hopihona he Kapitana I te Roiara Nawi hei Kawana mo nga wahi katoa o Nu Tirani e tukua aianei, amua ki te Kuini e mea atu ana ia ki nga Rangatira o te wakaminenga o nga hapu o Nu Tirani me era Rangatira uta enei ture ka korerotia nei.

Now the Queen has been pleased to send me, William Hobson, a Captain in the Royal navy, to be Governor to all places of New Zealand which may be given up now or hereafter to the Queen; and he give forth to the Chiefs of the Assembly of Hapus of New Zealand and other Chiefs, the laws spoken here.

Tukua – to send - give up - let go - to cede. From the chief’s speeches on the 5th February 1840, they fully understood they were giving up/ceding all places of New Zealand to the Queen. Rev William’s 1844 Dictionary – to give up – to let go.

Note. This part of the Treaty is its ‘essence’. Most Government published Treaty texts today have the Preamble omitted, including the public viewing panels at Te Papa our national museum. The Preamble is the essence of the Treaty and explained the reason for a treaty and that all parts of New Zealand must be given up/ceded to the Queen for Britain to form a legal Government to bring law and order to all the people of New Zealand. Legally, the Preamble is part of the Tiriti o Waitangi. Without the Preamble, the Articles relate to nothing. The Articles were the laws that must be obeyed if the chief’s decided to sign the treaty and give up their territories and government to Her Majesty the Queen forever.

Article One

“Ko nga Rangatira o te Wakaminenga me nga Rangatira katoa hoki ki hai I uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani aka tona atu-te-Kawanatanga katoa o o ratou wenua.

The chiefs of the Assembly, and all the chiefs also who have not joined in that Assembly, give up entirely to the Queen of England forever all the Government of their land.”

Note. The Chiefs must give up entirely to the Queen, the Government of alltheir land forever.Sovereignty had been ceded to the Queen in the third sentence of the Preamble.

Article Two

(First sentence)

“Ko te Kaini o Ingaranui ka wakarite ka wakaae ki nga Rangatira ki hapu ki tangata katoa o Nu Tirani te tino rangatiratanga o ratou wenua kainga me o taonga katoa.

The Queen confirms and guarantees to the chiefs and the tribes and to all the people of New Zealand, the possession of their lands, their settlements and all their property”.

Taonga – property – personal property – tangible property. Sir Hugh Kawhura’s introduced “Treasures” to give Maori advantage over all other New Zealanders in his, “Attempt at a reconstruction of the literal translation of the Maori text”. This was never the original translation of Taonga. Rev William’s 1844 Dictionary - property.

See

Note.Article Two guaranteed the chiefs, the tribes (Maori) and “all the people of New Zealand” (the settlers) the possession of their lands, their settlements and all their personal property once the Treaty was signed. When Governor Hobson stopped off in Sydney on his way to New Zealand in 1839, Governor Sir George Gipps informed him the chiefs had already sold large tracks of land in the North Island and Europeans held contracts to virtually all the South Island, therefore, the settlers, whalers and speculators had to be included in Article 2 of the Tiriti o Waitangi. In most cases the chiefs were very upset when the Europeans did not take up their contracts as they lost their protection from other tribes, trade to gain European goods and the mana of having a “Pakeha”. Many of these contracts are still available for viewing in our archives.

The American Consul, James Clendon, would have made sure “all the people of New Zealand” was inserted in Article 2 when he, Hobson and Busby wrote the final draft as many American’s owned large tracks of land as well as on shore whaling stations before the Treaty was signed. Article 2 related to, “all the people of New Zealand”, irrespective of race, colour or creed living in New Zealand and those yet to come. Since the Treaty of Waitangi Act 1975, “all the people of New Zealand” has been completely ignored, paving the way that the Treaty of Waitangi was, “a Partnership between Maori and the Crown”. This is not surprising, since under the 1975 Treaty of Waitangi Act only Maori have the right to be heard by the Tribunal. The Tiriti o Waitangi gave the same rights to all the people of New Zealand irrespective of race, colour or creed. What ever Maori were given in Article 2, so were “all the people of New Zealand”, the same rights to their land, their settlements and all their property.

(Second sentence).

Otiia ko nga Rangatiatanga o te Wakaminenga me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga oera wahi wenua e pai ai te tangata nona te Wenue-ki te ritenga o te utu e wakaritea ai e ratou ko te kai hook e meatia nei e te Kuini hei kai hook mona.

But the Chiefs of the Assembly, and all the other Chiefs, gives to the Queen the purchase of those pieces of land which the proprietors may wish, for such payment as my be agreed upon by them and the purchaser who is appointed by the Queen to be her purchaser.

Note. This was to stop the speculators from taking advantage of Maori and to identify the rightful owners under Maori custom so documented legal titles could then be issued for subsequent sales to be legally documented and transferred. This gave Maori the legal ownership and protection of their lands without the need to constantly defend it, the first time ever for Maori. It also eliminated multiple payments for the same piece of land because of conflicting ownership claims.

All sales made before the treaty was signing, had to then be approved by the Courts and in most cases reduced to 2560 acres (4 square miles). Many Europeans lost their entire pre-treaty purchases if they could not prove their purchase or afford the Court fees. Europeans cannot lodge a claim with the Waitangi Tribunal. Land purchases, which were not defended or could not be proved, were in most case returned to the chiefs as happened in the South Island.

Article Three

“Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini-Ka tiakina e te Kuini o Ingarani hga tangata maori katoa o Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani

This arrangement for the consent to the Government of the Queen. The Queen of England will protect all the Maoris of New Zealand. All the rights will be given to them the same as her doings to the people of England”.

Note. Article 3 confirmed there would be one law, the same law/rights for “all the people of New Zealand”. English Law, a law based on the Magna Carta and the Law of Nature. In reference to Article 3, the Maori activists, the Government and the Waitangi Tribunal have change the word “same” to “equal”. The word “equal,” paves the way for “two laws of equal quality” within our legal system. Our Tiriti contains the word same, a word which cannot be equated to separatism, apartheid or partnership. One flag and one law for “all the people of New Zealand”, irrespective of race, colour or creed.

(Signed) William Hobson, Consul and Lieutenant- Governor.

The Consent

Na ko matou ko nga Rangatira o te Wakaminenga o nga hapu o nu Tirana ka huihui nei ki Waitangi ko matou holi ko nga Rangatira o Nu Tirani ka kite nei te ritenga o enei kupu, ka tangohia ka wakaaetai e matou, koia ka tohungia ai o matou ingoa o matou tohu. Ka meatia tenia ki Waitangi I te ono o nga ra o Pepueri I te tua kotahi mano, e waru e wa te kau o to tatou Ariki.