Before you begin, read Te Tiriti

Begin by understanding Te Tiriti o Waitangi. Do not take other people’s interpretations, read it. Learn enough Te Reo if you can, or read the literal translation by Sir Hugh Kāwharu. See both in the next column.

Extraterritorial Treaty

KO TE TUATORU [the second clause] makes it very clear Te Tiriti is what is called an extraterritorial treaty.

Extraterritoriality, usually as the result of negotiations between equal partners, identifies land within the sovereign’s realm that is exempt from the jurisdiction of national law. Examples of this include the Vatican surrounded by Italy, the United Nations in New York, and with different terms, the Native American tribes who signed treaties with the US government. The principle of extraterritoriality was well established within Law of States under which Europeans divided up the world when Te Tiriti was signed. While Te Tiriti is written in Te Reo, the principles are solidly based in European Law of States.

This means that while national law is established (kāwanatanga), the specific lands of the hapū are exempt from kāwanatanga. Instead governance is by Māori tikanga. Ask your elders how it works.

Common Ownership: The whenua, kāinga and taonga katoa are commonly owned by the hapū or whanau. In contrast, the wharepuni (small family homes) are private. Māori do not make the same property distinctions as English between realty (immovables: land and all fixed to land) and chattel (anything moveable, related to the word cattle that is movable wealth and property). But property can be private, such as a wharepuni where whanau members must be invited to enter, in contrast to the wharenui where all can enter (manuhiri after pōwhiri).

Governance: Decisions are made in hui where everyone has a say. The role of rangatira is to weave the people into the harmony of a choir; no easy task, but ultimately based on mana.

Mana: To refuse to accept the rangatira’s decision after the korero, where the rangatira has heard all views and puts forth a decision, is to strip the rangatira of their mana. No majority vote, no impeachment or other western due process, the people simply stop listening to the rangatira, who having failed, is a rangatira no more. Because the rangatira is a respected elder and a part of the whanau, such an act is not taken lightly. This is how mana constrains nga tangata (the people of the whanau or hapū) and causes those who disagree with the decision to accept it. He waka eke noa (we’re all in the same waka, and we need to paddle together).

Evolving: The hui is direct democracy, everyone has a say. It also is not locked into the past. If whanau decide the kaumatua can be a women, or a male can sing the karanga, that is up to the hui, adapting to the times.

The Crown’s say: These matters are important because under tino rangatiratanga, the tangata whenua have to breathe new life into it. In doing so, it is of utmost importance to understand the Crown has no say in tino rangatiratanga. Setting up Māori Trusts or engaging with ministries or the council is voluntary. The Crown cannot insist on it, even if officials say otherwise. The terms of exterritoriality in Te Tiriti are clear, beyond the hapū’s whenua, kāwanatanga rules. Within it’s tino rangatiratanga.

Iwi Trusts and Neo-colonialism: Government officials feel compelled to extend their control. In the 19th century they used the army to make war, confiscate whenua and destroy kāinga. In the 20th century (1960’s) the government introduced Urbanisation described as the big three: money, work and pleasure, to entice young Māori to leave the kāinga and move to the cities, especially Auckland. In the 21st century, the government co-ops, creating a Māori elite who are paid to sit on iwi trusts and government advisory boards, while the plight of hapū remaining on their ancestral lands remains bleak. 

In Te Tiriti, the word Iwi is only mentioned once, to describe the people of the Queen of England. The Crown signed Te Tiriti with the rangatira of hapū, not Iwi. An iwi trust is a fiction of the Crown that gives the Crown the right to set the terms, to make the rules. This web page does not choose to debate this issue, only to make it clear what Te Tiriti actually says.

Co-governance, Te Tiriti as a partnership and other popular arguments made by academics, politicians and Māori who become an elite by appointment from the Crown are not concepts found in the words of Te Tiriti. Sovereignty is a concept alien to 1840’s rangatira, but mana whenua – the closest equivalent was non-negotiable. Thus, in clear European International Law, Henry Williams drafted an extraterritorial clause (Ko Te Tuatoru) that excluded hapū whenua from kāwanatanga.

 

Literal Translation made by Professor Sir Hugh Kāwharu

Victoria, the Queen of England, in her concern to protect the chiefs and the subtribes of New Zealand and in her desire to preserve their chieftainship and their lands to them and to maintain peace and good order considers it just to appoint an administrator one who will negotiate with the people of New Zealand to the end that their chiefs will agree to the Queen’s Government being established over all parts of this land and (adjoining) islands and also because there are many of her subjects already living on this land and others yet to come. So the Queen desires to establish a government so that no evil will come to Maori and European living in a state of lawlessness. So the Queen has appointed “me, William Hobson a Captain” in the Royal Navy to be Governor for all parts of New Zealand (both those) shortly to be received by the Queen and (those) to be received hereafter and presents  to the chiefs of the Confederation chiefs of the subtribes of New Zealand and other chiefs these laws set out here.

The first  –  The Chiefs of the Confederation and all the Chiefs who have not joined that Confederation give absolutely to the Queen of England for ever the complete government over their land.

The second –  The Queen of England agrees to protect the chiefs, the subtribes and all the people of New Zealand in the unqualified exercise of their chieftainship over their lands, villages and all their treasures. But on the other hand the Chiefs of the Confederation and all the Chiefs will sell land to the Queen at a price agreed to by the person owning it and by the person buying it (the latter being) appointed by the Queen as her purchase agent.

The third –  For this agreed arrangement therefore concerning the Government of the Queen, the Queen of England will protect all the ordinary people of New Zealand and will give them the same rights and duties  of citizenship as the people of England .

Te Tiriti o Waitangi

Ko Wikitoria te Kuini o Ingarani i tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga me to ratou wenua, a kia mau tonu hoki te Rongo ki a ratou me te Atanoho hoki kua wakaaro ia he mea tika kia tukua mai tetahi Rangatira‑‑hei kai wakarite ki nga Tangata maori o Nu Tirani‑‑kia wakaaetia e nga Rangatira maori te Kawanatanga o te Kuini ki nga wahikatoa o te Wenua nei me nga Motu‑‑na te mea hoki he tokomaha ke nga tangata o tona Iwi Kua noho ki tenei wenua, a e haere mai nei.

Na ko te Kuini 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.

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

KO TE TUATAHI

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 ake tonu atu‑‑te Kawanatanga katoa o ratou wenua.

KO TE TUARUA

Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira ki nga hapu‑‑ki nga tangata katoa o Nu Tirani te tino rangatiratanga o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te wakaminenga me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te Wenua‑‑ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.

KO TE TUATORU

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

[signed] William Hobson Consul & Lieutenant Governor

Na ko matou ko nga Rangatira o te Wakaminenga o nga hapu o Nu Tirani ka huihui nei ki Waitangi ko matou hoki ko nga Rangatira o Nu Tirani ka kite nei i te ritenga o enei kupu, ka tangohia ka wakaaetia katoatia e matou, koia ka tohungia ai o matou ingoa o matou tohu.

[THE FOURTH (ORAL) ARTICLE]

Ka meatia tenei ki Waitangi i te ono o nga ra o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki.