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Treaty of Waitangi
Summary of the Treaty's history and images
at the National Archives
The Treaty of Waitangi is seen as the founding document of the nation of
New Zealand. It was signed in 1840 by representatives of the British Crown and
Maori chiefs.
There are three copies of the treaty here:
*
the English version as signed;
*
the Maori version as signed; and
*
a modern English translation of the Maori version.
The Treaty of Waitangi 1840
[English text of the Treaty]
Her Majesty Victoria Queen of the United Kingdom of Great Britain and Ireland
regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand
and anxious to protect their just Rights and Property and to secure to them the
enjoyment of Peace and Good Order has deemed it necessary in consequence of
the great number of Her Majesty's Subjects who have already settled in New
Zealand and the rapid extension of Emigration both from Europe and Australia
which is still in progress to constitute and appoint a functionary properly
authorized to treat with the Aborigines of New Zealand for the recognition of
Her Majesty's Sovereign authority over the whole or any part of those islands.
Her Majesty therefore being desirous to establish a settled form of Civil
Government with a view to avert the evil consequences which must result from
the absence of the necessary Laws and Institutions alike to the native population
and to Her subjects has been graciously pleased to empower and to authorize "me
William Hobson a Captain" in Her Majesty's Royal Navy Consul and Lieutenant
Governor of such parts of New Zealand as may be or hereafter shall be ceded to
Her Majesty to invite the confederated and independent Chiefs of New Zealand
to concur in the following Articles and Conditions.
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ARTICLE THE FIRST
The Chiefs of the Confederation of the United Tribes of New Zealand and the
separate and independent Chiefs who have not become members of the
Confederation cede to Her Majesty the Queen of England absolutely and without
reservation all the rights and powers of Sovereignty which the said Confederation
or Individual Chiefs respectively exercise or possess, or may be supposed to
exercise or to possess, over their respective Territories as the sole Sovereigns
thereof.
ARTICLE THE SECOND
Her Majesty the Queen of England confirms and guarantees to the Chiefs and
Tribes of New Zealand and to the respective families and individuals thereof the
full exclusive and undisturbed possession of their Lands and Estates Forests
Fisheries and other properties which they may collectively or individually
possess so long as it is their wish and desire to retain the same in their possession;
but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty
the exclusive right of Preemption over such lands as the proprietors thereof may
be disposed to alienate at such prices as may be agreed upon between the
respective Proprietors and persons appointed by Her Majesty to treat with them
in that behalf.
ARTICLE THE THIRD
In consideration thereof Her Majesty the Queen of England extends to the
Natives of New Zealand Her royal protection and imparts to them all the Rights
and Privileges of British Subjects.
[Signed] W Hobson Lieutenant Governor
Now therefore We the Chiefs of the Confederation of the United Tribes of New
Zealand being assembled in Congress at Victoria in Waitangi and We the
Separate and Independent Chiefs of New Zealand claiming authority over the
Tribes and Territories which are specified after our respective names, having
been made fully to understand the Provisions of the foregoing Treaty, accept and
enter into the same in the full spirit and meaning thereof in witness of which we
have attached our signatures or marks at the places and the dates respectively
specified
Done at Waitangi this Sixth day of February in the year of Our Lord one thousand
eight hundred and forty.
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Tiriti o Waitangi 1840
[Maori text of the Treaty]
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.
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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.
Treaty of Waitangi 1840
[Translation of the Maori text of the Treaty,
by Professor Sir Hugh Kawharu, used with permission]
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 (1) and
their lands to them and to maintain peace (2) and good order considers it just to
appoint an administrator (3) 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 (4) 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 (5) 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 (6) 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 (7) of their chieftainship over
their lands, villages and all their treasures (8). But on the other hand the Chiefs of
the Confederation and all the Chiefs will sell (9) 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 (10) of citizenship as the people of
England (11).
[signed] William Hobson Consul & Lieut. Governor
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So we, the Chiefs of the Confederation of the subtribes of New Zealand meeting
here at Waitangi having seen the shape of these words which we accept and agree
to record our names and our marks thus.
Was done at Waitangi on the sixth of February in the year of our Lord 1840.
Footnotes
(1) "Chieftainship": this concept has to be understood in the context of Maori social and
political organisation as at 1840. The accepted approximation today is "trusteeship".
(2) "Peace": Maori "Rongo", seemingly a missionary usage (rongo ­ to hear ie hear the "Word"
­ the "message" of peace and goodwill, etc).
(3) Literally "Chief" ("Rangatira") here is of course ambiguous. Clearly a European could not be
a Maori, but the word could well have implied a trustee-like role rather than that of a mere
"functionary". Maori speeches at Waitangi in 1840 refer to Hobson being or becoming a
"father" for the Maori people. Certainly this attitude has been held towards the person of the
Crown down to the present day ­ hence the continued expectations and commitments entailed
in the Treaty.
(4) "Islands" ie coastal, not of the Pacific.
(5) Literally "making" ie "offering" or "saying" ­ but not "inviting to concur".
(6) "Government": "kawanatanga". There could be no possibility of the Maori signatories
having any understanding of government in the sense of "sovereignty" ie any understanding on
the basis of experience or cultural precedent.
(7) "Unqualified exercise" of the chieftainship ­ would emphasise to a chief the Queen's
intention to give them complete control according to their customs. "Tino" has the
connotation of "quintessential".
(8) "Treasures": "taonga". As submissions to the Waitangi Tribunal concerning the Maori
language have made clear, "taonga" refers to all dimensions of a tribal group's estate, material
and non-material ­ heirlooms and wahi tapu (sacred places), ancestral lore and whakapapa
(genealogies), etc.
(9) Maori "hokonga", literally "sale and purchase". Hoko means to buy or sell.
(10) "Rights and duties": Maori "tikanga". While tika means right, correct, (eg "e tika hoke"
means "that is right"), "tikanga" most commonly refers to custom(s), for example of the marae
(ritual forum); and custom(s) clearly includes the notion of duty and obligation.
(11) There is, however, a more profound problem about "tikanga". There is a real sense here of
the Queen "protecting" (ie allowing the preservation of) the Maori people's tikanga (ie customs)
since no Maori could have had any understanding whatever of British tikanga (ie rights and
duties of British subjects.) This, then, reinforces the guarantees in Article 2.