Why is Te Tiriti o Waitangi such an important document for the New Zealand Nurses Organisation / Tōpūtanga Tapuhi Kaitiaki o Aotearoa (NZNO) and our nation?
Te Tiriti o Waitangi is often described as the foundation document of Aotearoa New Zealand and this is true, but it is also key moment in a journey that began with the first encounters between Māori and European, both positive and negative that began in earnest in the late eighteenth century.
Te Whakaputanga o te Rangitiratanga
By the 1830s, Māori began to seek engagement with the outside world as traders and as a result were encouraged by the British resident James Busby to declare their sovereignty as a nation and adopt a flag. This came to fruition on October 28, 1835 in Waitangi with the proclamation of Te Whakaputanga o te Rangitiratanga (the Declaration of Independence).
This established the exclusive sovereignty of iwi and hapū Māori over their lands and people and determined no other nation had authority to make laws in Aotearoa New Zealand. The British empire, in recognising the declaration, guaranteed to protect Māori trading vessels flying the flag.
This is important as it makes clear the main purpose of Te Tiriti o Waitangi, which was to give Britain permission to extend its legal authority over its own citizens while Māori continue to have authority over theirs. Māori did not cede sovereignty.
This is important as it makes clear the main purpose of Te Tiriti o Waitangi which was to give Britain permission to extend its legal authority over its own citizens while Māori continue to have authority over theirs. Māori did not cede sovereignty.
The text
What is also important is that both versions of Te Tiriti / the Treaty do not say the same thing. And yet the writer of both the declaration and the Treaty was James Busby and the translator for Te Whakaputanga and Te Tiriti was Henry Williams.
So when different words are used for sovereignty, when Māori are to proclaim it, as Kingitanga o te mana I te whenua in Te Whakaputanga, and when Māori agree to give it away as kawanatanga in Te Tiriti, then clearly there was deception in the motives of the British.
The Treaty was an agreement between two nations and international law gives clear guidance that such a treaty gives precedence to the language of the signatories over the language of those who propose it. This is known as contra proferentum.
The aftermath
Māori signed the Treaty based on the belief that they had not ceded sovereignty and continued to act in that way, but when confronted by British and settler insistence that they now ruled New Zealand, conflict arose. The history of this conflict is too long to outline in this article, but the Waitangi Tribunal is the statutory body of record, and its reports are comprehensive and should be read by all who want to understand our history.
In short, Māori went from owning 100 per cent of Aotearoa New Zealand in 1840 to around four per cent by 2000.
In short, Māori went from owning 100 per cent of Aotearoa New Zealand in 1840 to around four per cent by 2000. Some lands were purchased with the promise of adequate reserves (this promise was not kept), some was confiscated and most was lost through the process of the land court.
Why are there Treaty principles?
The difference between the two versions of Te Tiriti and the Treaty was a clear problem when the Treaty was given its first recognition in New Zealand Law in 1975 with the establishment of the Waitangi Tribunal. The solution was to give both equal validity, and, rather than argue the differences between te Tiriti / the Treaty, set principles that express its intent.
These principles have coalesced around partnership, participation, active protection and redress. They are based on the idea that sovereignty rests with the Crown and this does not reflect iwi and hapu Māori.
Government attacks Māori rights
The coalition Government formed in late 2023 has declared war on all things Māori, including, both minor parties seeking to reduce the rights of Māori in law. This includes closing Te Aka Whai Ora, reducing the use of te reo Māori, removing Māori voice from local Government, cancelling the smokefree strategy and many others, along with attacks on fair pay, environmental protections and the rights of workers, tenants and beneficiaries.
Where to from here?
The Māori response has been swift and strong, from what Te Paati Māori describes as “activations” or rallies and demonstrations to calls for kotahitanga from the late Kingi Tuheitia. As the response to Government aggression grows, NZNO will play its part in protecting the rights of Māori, as we do for all working people.
On Saturday August 31, at the call to action from “the originals” who include longtime stalwart Māori rights activists – Tame Iti, Mereana Pitman, Hone Harawira, Annette Sykes and Ken Mair – a large group gathered ready to work together to develop a set of expectations and actions to present to the Government.
NZNO has committed to fighting for its Māori members and Māori rights.
NZNO has committed to fighting for its Māori members and Māori rights.
The following declarations were passed:
- This hui declares and affirms its ongoing commitment to Tino Rangatiratanga and Mana Māori Motuhake.
- This hui declares its support for He Whakaputanga and Te Tiriti o Waitangi as the constitutional foundation stones for transformation and constitutional justice.
- That this hui calls for a National Hikoi from Te Hapua to Wellington to mobilise all our communities so that we arrive in Wellington on or about the day of the introduction of the Treaty Principles Bill.
- That this hui support efforts to co-ordinate a nation-wide Day of Strike Action to confirm our support and commitment to a te Tiriti-based society.
- That this hui endorses all whanau, hapu and iwi to initiate activations to protect their rights and interests, and committees be set up to co-ordinate that to occur, including a national coordinating committee.
- That we seek the support of our Pakeha allies, tangata Pasifika and indigenous nations to stand with us to protect our Māori independence in this nation, and to take actions that affirm Mana Māori me Tiriti.
- He ra reo Māori anake i te wiki o te reo Māori.