He Ppeha

Ko Tongariro rua ko Ruapehu ng maunga

Ko Tauponuiatia te moana
Ko Turakina te awa
Ko Tuwharetoa rua ko Ngti Apa ng iwi
Ko Ngti Hikairo rua ko Rangitmoana ng hap
Ko Otukou rua ko Tini Waitara ng marae
Ko Mike Paki taku ingoa
 Te Timatatanga
K = Knowledge Gained from various places.
A = Analysis From our own points of view.
U = Understanding Reached at a personal level.
P = Power Gained from this learning.
A = Assumptions placed on us from elsewhere.
P = Philosophy Gained from the previous steps.
A = Action The step forward from that point forward.
He Whakaputanga o te
Rangatiratanga o Nu
Tireni

A Declaration of Independance of
New Zealand
 He Kupu Whakataki
He Whakaputanga o te Rangatiratanga o Nu Tireni
is a document that is overshadowed by its teina,
but is a very important document
It is from this document that the wedge of
Colonisation was able to gain a foothold in
Aotearoa and change the face of our world forever
How this was done is the kaupapa of this
presentation
 Pre Contact Society
Life governed by whakapapa relationships
Atua
Whnau
Hap
Iwi (perhaps)
Tauiwi
Founded in Traditional values
 The Wedge of Colonisation
Missionaries

Settlers, Colonists,
Government & the Crown Whalers,
Sealers &
Merchants

Military
 Kaupapa Krero
The context in which the He
Whakaputanga was drafted
Political structures foreshadowed in He
Whakaputanga
Mori Legal Concepts
Translations of the text
 Context of its drafting
Contact had been made with Europeans
Trade was expanding throughout the world
Lawlessness was becoming rife in Aotearoa
Iwi Mori were being mistreated throughout the world
Some were kidnapped, and died overseas
Musket trading and usage was changing the face of
Aotearoa
Christianity arrived in Aotearoa, the beginning of the
breaking down of traditional structures
 Context of its drafting
1814 Governor of NSW claims Aotearoa as a
dependancy of his territory
November 16th 1831 Letter to King William IV
from 13 Rangatira asking for protection from
neighbouring tribes & British residing in Aotearoa
June 14 1832 Lord Ripon sends James Busby as
British Resident, partly to protect British
commerce & repress outrages of the British
 Context of its drafting
1803, 1805, 1810, 1813 & 1817 Rangatira
had complained about the behaviour of the
new arrivals
People lived and worked under Ships
Articles or Tikanga Mori
Clashes, although isolated, were becoming
more heated which led to violence on both
sides
 Context of its drafting
June 1832 Bill to the House of Commons
defeated due to Britian not being able to legislate
for a foreign country
May 1833 National flag for the tribes of New
Zealand in their collective capacity established.
A shipping register also established
Instructions issued to British Admiralty to
recognise Registry and Flag
The Flag of Te Wakaminenga o
ng hap o Nu Tireni
The back of a medal
commemorating the early
part of the South African
War. The edge of the medal
reads "Success to New
Zealand Contingent 1899-
1900" and the flag depicted
appears to be the Flag of the
United Tribes of New
Zealand, chosen by northern
Maori in 1834. The front of
the medal shows a portrait of
Queen Victoria.
 Context of its drafting
1821 Baron de Thierry purchases 40,444 acres
in the Hokianga for 36 axes
August 1835 de Thierry declares himself
Charles de Thierry, Sovereign Chief of New
Zealand and King of Nukuheva
1835 At a hui in Waitangi, 35 Rangatira outline
their understandings of their rights and powers and
ask Henry Williams to write their words in English
 Structures established
@1807 Te Wakaminenga o ng hap
established
1808 Te Whare Awaroa Mori Trust Bank &
Native Courier established
1816 Mori Court established using Mori
Law for all
1816 Mori Sovereignty recognised in
England, France, Japan, Te Moananui-a-Kiwa
and USA
 1832 President Andrew Jackson of the USA appoints
James Clendon to sign a trade agreement with the
Mori Nation of New Zealand Kohuiarau on behalf
of the US. It was approved by Congress and protected
by the US Constitution and commemorated by the
gifting of the US flag.
Source The United Tribes of America www.theuta.com

This flag was used by Kawiti as his flag of war, and

flew from the taurapa of his waka taua when he went
to war against his enemies. It is mentioned many times
within historical and eye witness accounts
 On 12th October 1838 Clendon was empowered
by Martin Van Buren and the US Senate to act
as US Consul to deal with the Mori Nation
Kohuiarau in matters of trade in reference to
the Trade Treaty already established

Between 1839 and 1851 Clendon recorded 151

American ships having arrived and completed
reciprocal trade under those treaties. All these
ships were registered with the Mori Nation of
Kohuiarau
 He Whakaputanga o te
Rangatiratanga o Nu Tireni
Henry Williams prepares three clauses clearly
outlining the understandings of the rangatira as
to their rights and authories
A fourth clause (written in Te Reo) is then
added to the Declaration
The Declaration is then witnessed by Williams,
George Clark of the CMS, James Clendon as
US Consul and Gilbert Mair as a local
merchant
 Mori Legal Concepts
Utu reciprosity, reestablishment of balance etc
Ea the establishment of balance and equity
Manaakitanga the upraising of others for the
benefit of all
Rangatiratanga authority given by others to the
general benefit of all
Tika correctness or uprightness of all deeds
Whakapapa the foundation of all relationships
Specific kupu and their meanings
...Wakaminenga o ng hap
...Niu Tirani...
... i raro mai o Haurake...
... he wenua rangatira...
...i te Ngahuru...
...wakarite ture...
...wakawkanga...
 Translation of the text
Ko mtou, ko ng We, the hereditary
tino rangatira o ng chiefs and leaders of
iwi o Nu tireni i raro the Northern parts of
mai o Haurake New Zealand

This section outlines the area known as Nu Tireni and

indicates that it was not the whole of New Zealand
but only the section from Hauraki North
 Translation of the text
Ka wakaputa i te ...declare the
Rangatiratanga o t independence of our
mtou wenua; , ka country, which is
meatia ka hereby constituted
wakaputaia e mtou and declared to be an
he wenua rangatira... independent state
 Translation of the text
Ko te Kingitanga, ko All sovereign power &
te mana i te wenua o authority within the
territories of the United
te wakaminenga o Nu
Tribes of New Zealand is
Tireni, ka meatia nei hereby declared to reside
kei ng tino entirely & exclusively in
rangatira nake i t the hereditary chiefs &
mtou huihuinga... leaders of tribes in their
collective capacity

The use of the word kingitanga provides us with an

indication of what these tpuna were thinking about
 Translation of the text
Ekore e tukua e mtou te We will not permit any
wakarite ture ki ttahi legislative authority
atu hunga k atu, me separate from ourselves
ttahi Kawangatanga in our collective capacity
hoki kia meatia i te to exist or any functioin
wenua o te wakaminenga of government to be
o Nu Tireni, ko ng exercised within the said
tngata nake e meatia territories unless by
nei e mtou... persons appointed by
ourselves...
Again an indication that they knew the workings of
Government and the powers of such an institution.
 Translation of the text
Kua huihui ki te Agree to meet in
rnanga ki Waitangi a te congress at Waitangi in
Ngahuru i tnei tau, ki te the Autumn of each year
wakarite ture, kia tika ai for the purpose of
te wakawakanga, kia framing laws, for the
mau pu te rongo, kia dispensation of justice,
mutu te h, kia tika te the preservation of peace
hokohoko... & good order, and the
regulation of trade

The beginnings of Separate or Dual Sovereignty within

Aotearoa and New Zealand
Political structures foreshadowed
Separation of the races
Dual Sovereignty
Ariki Rangatira Tutua Taurekareka
King Aristocracy Gentry Middle Class
Working class - Beggars
August 14 1839 people, whose title to the soil
& to the sovereignty of N.Z. Is indisputable, &
has been solemnly recognised by the British
Government ... We acknowledge N.Z. As a
sovereign and independent State... Lord Normanby
Political structures foreshadowed
A partnership of sorts, with Mori being the
predominant force, but the use of that force
tempered by the values that underpinned our
Society
Plural Justice Systems
Mori Law for Mori or Pkeh that offended
against Mori Law
Pkeh Law for Pkeh or Mori who broke
Pkeh Law
 Constitution
C = Citizenship
O= Organisation
N = Natural Law
S = Self-determination
T = Traditional Concepts
I = Institutions to govern, to make laws
T = Transperancy of methodology
U = Unification
T = Template for Societal Structure
I = Identity
O = Outlines control mechanisms of governance
N = Nationhood
 What this means
The Declaration of Independence was a statement
of Sovereignty that was acknowledged throughout
the world
It was this document that allowed Pkeh to enter
into Aotearoa and Nu Tireni
It was held up in later years as the reason certain
rangatira would not sign any other document
It laid the foundations for a pluristic society
 Ranginui

Ng Tpuna

Whnau

Ko Au
(Part of the Law)

Whnau

Ng Tpuna

Papatnuku
 He kupu mutunga
The He Wakaputanga o te
Rangatiratanga o Nu Tireni is the
founding document of our New Nation
It perhaps even provided us with a
template for the future when we as a
people take our rightful place among the
nations of the world again
Te Tiriti o Waitangi

The Treaty of Waitangi

 Topics of Discussion
Te Tiriti o Waitangi

The Treaty of Waitangi

The Principles of the Treaty of Waitangi

Constitutional Arrangements
 Tikanga
T = Traditional
I = Indigenous
K = Knowledge
A = Analysis
N = Natural Law
G = Grounded in values
A = Action
 Constitution
C = Citizenship
O= Organisation
N = Natural Law
S = Self-determination
T = Traditional Concepts
I = Institutions to govern, to make laws
T = Transperancy of methodology
U = Unification
T = Template for Societal Structure
I = Identity
O = Outlines control mechanisms of governance
N = Nationhood
 Constitutional Arrangements
Pre-Pkeh
Based on whakapapa
whnau, hap and iwi
Tapu
Noa
Utu
Muru
tahi atu tikanga
 Periods of Law in Aotearoa
Pre 1820:
Laws of Tapu
Laws of Rahui
Laws of Tikanga taua
Laws of Whakapapa
Laws of Society hap
Laws of Custom
 Periods of Law in Aotearoa
1820 - 1880:
Missionaries/Whalers & Sealers/ Settlers
Declaration of Independance/ Ko Huiarau
Treaty of Waitangi/ Parliament/ Westminster
Kingitanga/ Kotahitanga/Prophets
War/ Confiscation of lands
Te Kooti Tango Whenua/ Individualisation
Court cases: Wi Parata; Kauaeranga,; Symonds
 Periods of Law in Aotearoa
1880 - 1975:
Pkeh Law Treaty a simple nullity
World Wars Might is Right!
Diseases/ Epidemics
Prophets
Treaty of Waitangi Tribunal
Land March
 Periods of Law in Aotearoa
Post 1975:
Radio Spectrum Claim
Te Reo Claim
Kura Kaupapa Mori
Wnanga Mori
Reclamation of Mori Rights
Seabed & Foreshore
Mori Party Mori Voice in Parliament
 Ranginui

Ng Tpuna

Whnau

Ko Au
(Part of the Law)

Whnau

Ng Tpuna

Papatnuku
 Context of its drafting
Population explosion in Britian and
Europe
More space required for peoples outside
of Europe
Britian no longer able to afford the price
of keeping her people at home
Industrial revolution made labour
cheaper, but reduced need for manpower
 Context of its drafting
Crofters were being driven from the
land.
Raw materials were needed for the
manufacturing of goods
More consumers needed International
trade
Market economies driving prices and
service costs higher
 Context of its drafting
Bad behaviour of the settlers
Health issues began to arise
Venerial diseases were rife throughout
the European population
Drunkeness and debauchery was the sign
of the times
Lawlessness amongst the settlers causes
concern for all
 Context of its drafting
Land sales taking place throughout the
North
Missionaries hold concerns for the
spiritual and physical wellbeing of their
natives
 Beginnings
British Resident James Busby
U.S. Consul James Clendon
Governor Captain William Hobson
Merchant Gilbert Mair
Missionary Henry Williams
Catholic Bishop - Pompallier
Rangatira Kawiti
Rangatira Hone Wiremu Heke Pokai
 Timeline
January 29th Hobson arrives in
Aotearoa. His first action is to relieve
Busby of his duties
January 30th Hobson declares a
prohibition of land sales
4th February Hobson gives Henry
Williams a draftof the Treaty of Waitangi
to be translated into te Reo Mori
 Proclamations
2nd May 1840 Governor Hobson declares
Sovereignty over Te Wai Pounamu by right
of discovery
21st May 1840 Governor Hobson declare
British Sovereignty over the whole of
Aotearoa
Signings were still continuing
 Te Tiriti o Waitangi
Four Whanga
Tuatahi: Confines the Crown to governing
themselves subject to Tino Rangatiratanga
Tuarua: Retained Mori Sovereignty me
rtou taonga katoa means material as well as
intrinsic values, laws etc
Tuatoru: Protected our rights and privledges
under Mori Law and gave extra rights and
privledges as British Subjects, if we wanted them
Tuawh: Protects Mori Custom and Law
Specific kupu and their meanings
...tana mahara atawhai...
...Niu Tirani...
... me te atanoho...
...te kwanatanga...
...ng whi katoa o te w(h)enua...
...ng whi katoa o Niu Tirani...
...te kwanatanga katoa o rtou w(h)enua...
...te tino rangatiratanga...
...rite tahi...
 Te Tiriti o Waitangi

T = Their laws for their own people

I = Independance/ Sovereignty acknowledged
R = Rights of Mori Pre & Post 1840
I = Identity Ng Rangatira o ng hap
T = Tino Rangatiratanga
I = Inclusiveness
 The Treaty of Waitangi
Three Articles
One: Sovereignty ceded

Two: Right of Pre-emption granted to the

Queen

Three: Mori Rights protected One Law

for all! All are equal before the law
Political Structures Foreshadowed
Ariki to Sovereign relationship created
Continuation of systems in place as created
by the Declaration of Independance.
i.e. Law and Order
Mori Law for Mori and Pkeh who
transgressed it
Pkeh Law for Pkeh and those Mori who
broke it
Political Structures Foreshadowed
Congress to make laws to continue meeting
in Waitangi
Partnership envisaged between the Crown
and their citizens and the Tngata Whenua
Continuation of freedom of trade and
movement
Tino Rangatiratanga
 Constitutional Arrangements
Post-Contact
Ships Articles
Based on Westminster Law
Jus Disraeli
Absolute Sovereignty
Aristocracy
Democracy
 The Treaty of Waitangi
T = Theft of Power denial of Mori Sovereignty

R = Racism White is superior

E = Exclusion Mori are incapable

A = Anti- Mori Sentiments

T = Travesty of Justice Natural and Legal

Y = Yokes of Oppression placed upon Mori

 The Principles of the Treaty of
Waitangi
1. The Principle of Government

2. The Principle of Self Management

3. The Principle of Equality

4. The Principle of Reasonable Cooperation

5. The Principle of Redress

 JUS DISRAELI
Sovereign

Parliament

Executive Judiciary Legislature

Make Upholds Enact
s the the laws s the
laws laws

The People
Land Loss from 1860

Four periods of loss

 1840 - 1852
32,000,000 Acres of Land lost to
Mori due to sale (forced or
otherwise)
Ng Whenua
Mori 1860
Aotearoa
 1860

Land in Mori Ownership reduced to

21,400,000 Acres
Ng Whenua
Mori 1890
Aotearoa
 1865 - 1875

10,000,000 Acres lost to Mori,

reducing the total to less than
11,500,000 Acres
Ng Whenua
Mori 1910
Aotearoa
 1911

Mori Land now stands at 7,137,205

acres
Ng Whenua
Mori 1939
Aotearoa
 1939
Mori Land now reduced to only
4,028,903 acres

By 1975 this had been reduced to less

than 3,000,000 acres
Ng Whenua
Mori 2000
Aotearoa
 Major Court Cases
Wi Parata vs. Bishop of Wellington 1877
Nireaha Tamaki vs Baker 1894
Te Heuheu Tukino vs Aotea District Mori
Land Board 1940 & 1941
NZMC vs. AG Broadcasting Assets Case
1984
Mihaka vs Police 1986
NZMC vs AG State Forests 1987
 Major Claims
Wai 6 Motunui Claim: Fishing and Land rights
Wai 8 Manakau Claim: Fishing and Land rights
Wai 11 Te Reo Mori Claim: Te Reo is a taonga
Wai 22 Muriwhenua Claim: Fishing Rights
Wai 262 Flora & Fauna Claim: Intellectual
Property rights
Wai 414 Whanau a Waipareira Trust: Definition
of an iwi
 Dates to consider
November 1840 New Zealand constituted as a
Colony
1877 Treaty put into storage and forgotten
1911 found in very poor condition
1934 Waitangi Day first celebrated. Became a
public holiday for Auckland and the North only
1957 Treaty passed to National Archives for
storage
1974 Waitangi Day becomes a National Holiday
10th October 1975 Treaty of Waitangi Act
 Commentary
The primary source of treaty law is of
course the Treaty itself with its guarantees
of real property rights, tribal autonomy, the
protection of Mori customary law and
equality

Joe Williams The Technical & Mechanical IssuesNZLS Seminar Treaty of

Waitangi Issues: The Last Decade and the Last Century. April 1997 pg 30
 Commentary
The Treaty promised protection of Mori custom
and cultural values. The guarantee of
rangatiratanga in Article II was a promise to
protect the right of Mori to process and control
that which is theirs:
in accordance with their customs and having
regard to their own cultural preferences

Law Commission Study Paper 9, page 69: 297

 Commentary
The Treaty of Waitangi was an instrument
of mutuality.Mutuality in the legal sense is
a word first recorded in 1845 to mean a
condition of things under which two parties
are mutually bound to perform certain
reciprocal duties.
Margaret Wilson, Attorney General 10th October 2000
Racism alive and well in New Zealand
Disguised prejudice is never far from the surface
in New Zealand, whenever there is debate on
Maori matters. There is a dark and unpleasant
underside to the New Zealand psyche when
questions of race are confronted. These things I
learned only by exposure to the issues at the sharp
end. For much of the time the truth is disguised
under the egalitarian exterior of New Zealanders.
Geoffrey Palmer New Zealands Constitution in Crisis (John
McIndoe, Dunedin, 1992) 74.