Lecture 11- The Declaration and the Treaty Part one

Question 1

Declaration of independence of the unit tribes of NZ (He Whakaputanga)

Answer 1

• In 28 October 1835, at the home of British Resident James Busby in Waitangi, 34 northern chiefs signed (known in English as the Declaration of Independence of the United Tribes of New Zealand).
• The handwritten document consisting of four articles asserted that mana (authority) and sovereign power in New Zealand resided fully with Māori, and that foreigners would not be allowed to make laws.

-Te Whakaminenga, the Confederation of United Tribes, was to meet at Waitangi each autumn to frame laws, and in return for their protection of British subjects in their territory, they sought King William’s protection against threats to their mana.

-They also thanked the King for acknowledging their flag.

• By July 1839, 52 chiefs had signed He Whakaputanga, including Te Hāpuku and Te Wherowhero, the first Māori King.
• The document was officially acknowledged by the British government. Busby saw
  it as a significant mark of Māori national identity and believed it would prevent
  other countries from making formal deals with Māori.

Question 2

South island implication: Elizabeth Affair (1830)

Answer 2

• Te Rauparaha in 1830 asks for the assistance of the captain and crew of the Elizabeth in return for a cargo of flax
• Te Maiharanui; a rangatira of Ngai Tahu is captured, tortured and killed.
• Reports back to New South Wales say the ship containing baskets of human flesh

= Public outrage for the people of Britain (the pinnacle of Civilisation).

Question 3

British Colonial Office takes action: after the Elizabeth Affair

Answer 3

-Captain of the Elizabeth avoids trial for
criminal-wrongs done in New Zealand

• Rev. Samuel Marsden encourages Governor Richard Bourke of NSW to recommend action by the Colonial Office
• May 1833, James Busby appointed British resident in the Bay of Islands: essentially this the cheapest way the British government could respond the public outrage (over cannibalism) they didn’t want to set up a colony or send an ambassador so they invented this role for busby to just report back

Question 4

James Busby (1802-1871)

Answer 4

British Resident 1833-1840

• Based at Waitangi
• “A kind of Race relations
  Conciliator:”
• Protect well disposed
  settlers and traders
• Prevent outrages by
  Europeans against Maori
• Apprehend escaped convicts
• Busby was given no
  resources to achieve these
  ends = his role was basically as a front/ figure head to make it look like Britain was dealing with the situation

Question 5

He Whakaputanga o Te Rangatiratanga
o Niu Tireni

Answer 5

20 March 1834 held a hui of chiefs at Waitangi to chose a national flag

• Baron de Thierry, a French aristocrat attempts a sovereign state around the Hokianga
• 28 October 1835 held a second hui at Waitangi and persuaded 34 chiefs to sign a Declaration of Independence of New Zealand (He Whakaputanga o Te Rangatiratanga o Niu
  Tireni)
• Further signatures made the total to 52
• Signatories pledged to assemble at an annual congress at
  Waitangi

Question 6

Flag of the United Tribes of NZ

Answer 6

-Adopted a flag

-‘NZ’s first flag’

-Under national law –> if don’t have ship then the ship can be seized.

-Cross indicates the relation to Britain –> essentially the English flag without the blue square.

Question 7

Utakura, Northland: chiefs in support

Answer 7

• Patuone

-Tamati Waka Nene

Both Signatories to Te Tiriti o Waitangi (1840)

Question 8

Tainui (Waikato) Rangatira

Answer 8

Te Wherowhero: The first maori king –> from Tainui (Waikato region)

• Refused to sign Te Tiriti o Waitangi (1840)

Question 9

Ngāti Kahunungu (Wairarapa) Rangatira

Answer 9

-Te Hapuku: When he was presented with treated he signed it

-Became very close to the British because he sees the advantages
—> needed to be recognised as a

-Rangatira (psychological factors).
Thought it would establish him as the most important Rangatira and
very willing to sign anything the British presented him with.

Question 10

Te Tiriti o Waitangi (1840)

Answer 10

Captain William Hobson

• Drafted the Treaty and
  responsible for ensuring Māori
  signatories
• (First meeting of chiefs 6
  February 1840 at Waitangi, then
  further meetings around NZ)
• 544 chiefs sign the Treaty
• (505 sign the Māori Version)
• (39 sign the English Version)

Crown breaches Te Tiriti o Waitangi/
Treaty of Waitangi since 1840

Question 11

Waitangi Tribunal

Answer 11

Tribunal set up under Treaty of Waitangi Act 1975.

• It is based in Wellington.
• Listens to grievances related to the Treaty of Waitangi (1840)
• It makes recommendations to the Government
• The recommendations are not binding but does start a conversation

Question 12

Grievances relating to the Treaty of
Waitangi

Answer 12

Previously Maori petitioned Parliament and M.Ps to right historic wrongs

• Dissatisfaction with continued Crown breaches of the Treaty and inaction over past breaches
• 1975 the Maori Land March forced the Labour Government to pass legislation that set up the Waitangi Tribunal
• Treaty of Waitangi Act 1975