Lecture 4 - The Declaration of Independence and the Treaty of Waitangi Flashcards
Background to the Declaration of Independence
President Busby arrived in 1833. Didn’t like the chaotic society and wanted to create order. He did two things;
- Selection of the NZ flag.
- Declaration of Independence - formed on the 28th of October 1835 when 34 chiefs from the North Island and formed the ‘Confederation of the United Tribes of New Zealand and signed the DOI.
Declaration of Independence (DOI)
Art 1. asserted independence of NZ under rule of United Tribes
Art 2. All sovereignty power and authority in the land resided in the Chiefs - no other legislative authority permitted.
Art 3. Confederation of United Tribes to meet annually to pass laws.
Art 4. Maori to give settlers protection and friendship in return for protection of the King.
What was the legal significance of the DOI?
Clearly stated that Maori were a sovereign body, therefore they have sovereign power within the country.
This meant British couldn’t intervene and decide how things could be in NZ.
Britain had acknowledged there was another sovereign body aside from themselves.
Treaty of Waitangi
1839 - the decision was made to annex NZ and William Hobson was appointed as consul and sintrcutem to obtain sovereignty over all or part of NZ, but only with consent of the local chiefs.
Maori understanding of the Treaty of Waitangi.
Both sides locked into their own cultural perspectives.
Maori expected a relationship to be formed and NZ to be governed by their own rules.
There is proud of tis expectation from Treaty wording and debate processes that Maori went through.
British understanding of the Treaty of Waitangi.
The British assumed that sovereignty was obtained once the Treaty was in place and that the British Law would determine matters from there on,.
Challenges and obstacles for effective cross-cultural communication.
- Different languages - translations were not always accurate. Eg, in Maori language there is no word equal to the English word ‘sale”.
- Body Language or expression of emotion were different in both parties. British stiff upper lip, Maori more emotive and passionate.
- Different world views and cultural opinions.
Cultural Differences - Maori
Maori
All people were of love and importance to them, Maori were prepared to trust the Governor.
Held very prolonged heated debates to urge positions to be made clear.
Not about the documents but about the personal relationships and the mana of another person.
Maori celebrated with feasts which shared and built relationships.
Cultural Differences - British
British
Focused on the legal documents and didn’t care about personal relationships.
Assumed Maori’s long and intense debates were a sign of fright and desperation.
British overlooked the importance of a feast within the Maori community.
Ideas about forming agreements.
Maori
Looked at the heart of the person and never the terms of a contract. They were a very oral culture.
British
Looked at the written laws and most important part of an agreement was the terms that were written up.
These huge differences meant the parties were just talking past each other.
This resulted in two different copies of the Treaty, which said different things in each of them, because of the translations.
Legal Explanations for the assumption of sovereignty.
Cession
Conquest
Settlement
Discovery
Cession
The formal giving up of rights, property or territory by a state.
Not all Maori signed the Treaty, especially in the South Island. Te Tiriti speaks of Maori retaining rangatiratanga/independence/self-determination/sovereignty.
Conquest
This couldn’t be the case as Maori were the vast majority at the time so then the question is asked, “did it happen much later?” This theory is not seen as a very attractive exploration
Settlement
The existing legal systems continue until otherwise changed so when did Britain obtain authority to make changes? There wasn’t considerable settlement until the 1860’s, a long time after everything had happened.
Discovery
The lands ‘terra nulls’ where it was ‘nobody’s land’. Does only European discovery count?
According to the law, NZ was considered to be uninhabited but this is considered to be legal fiction. Therefore, colonial law comes in as there is no other law to displace (use).
