Treaty Q and Answers
Why was British intention to gain sovereignty not fully explained at Treaty signings?
Missionaries & Hobson concerntrated on the protection & guarentees being offered when discussing British authority, they spoke of Pakeha lawlessness in N.Z and they would have to by the laws of Britian. Basically Hobson thought the Maori understood through the Treaty that Britian would have sovereignty, when they didn't quite understand.
Q 10) Are Te Tiriti o Waitangi & the English version the same?
Qsocial, political and economic relationships & institutions.
Q 18) The Treaty is sometimes called the covernant. What does that mean?
It refers to a binding spirtual relationshep. In the Old Testament of the bible a covernant was made between God & the people of Israel. In the new testament, a covernant was made between God & the Church. The Treaty has been seen in a similar way as a sacred covernant.
Q) 12 What did the Maori grant under the Treaty of Waitangi?
Kawantanga, or governorship, was allowed to Queen Victoria. Hobson as her representative was to have governorship, over British subjects, alongside soveriegnty of rangatira, who were to continue to govern their respective hapu. The concept of dual parallel excerise of power & governorance was agreed to by rangatira.
Who wrote the Treaty of Waitangi?
Captain William Hobson brought written instructions from the Colonial Secretary Lord Normanby, but James Busby the British Resident, and Hobson's secretary, Freeman, did the actual drafting. The English language draft was then translated into Māori by the Reverend Henry Williams, a missionary & his son Edward. This English draft has never been found.
Q11) Which Treaty is the right one?
Te Tiriti o Waitangi, the Maori text, has primacy for several reasons...
Q15) How does the Treaty recognise Maori as tangata te whenua, and Pakeha as tangata Tiriti?
The Treaty recognised & named Maori in authority - as set out in Declaration 5 years earlier. The whole Treaty is based on recognition of pre-existing sovereignty & indigenous rights, the continuance would be protected by the crown. While dthe Treaty gave the Crown the right to form a governnent here for British settlers, it did not give it rights over & above other migrant groups, nor over tangata whenua.
Why are there differences between the Te Tiriti o Waitangi and English versions?
The differences occured in the translation of the English draft in Maori. The translator Henry Williams would of known if he had used the words rangatiratanga or mana in Article 1(which is the closest meaning to sovereigny), the rangatira would of never agreed to the Treaty. Williams used kawanatanga instead. Williams may have believed Maori welfare would best be served by accepting British colonisation. In using kawangatanga (rangatiratanga) in the Treaty text it make it clear for Maori to understand.
Q17) What about lands that were not perceived as physically occupied by Māori tribes?
The instructions given to Hobson by the Colonial Secretary, Lord Normanby, recognised that Maori trives held title to all land in N.Z. The first 2 governors honoured this but Governor Grey undertook large scale purchases of 'waste land' in the South Island & some in South Island to extinguish native title (according to the Crown) This is the policy that followed from the Native Land Purchase Ordinance 1846.
Q16) What is aboriginal (native) title?
The legal doctrine of aboriginal (native) title comes from European international law & British imperial policy in the 18th & 19th century. It is called a common law doctrine, & judges have stated that it is an important feature in N.Z law. The doctrine binds the Crown to recognise Maori customary rights in respect of lands, forests, fisheries & other resources. Unlike other countries with two tiers of government, N.Z parliament assumes the power to pass the laws it wants, claiming parliamentary sovereignty. Under this system, legislative action to extinguish native title can be imposed without the consent of or compensation to, the custom right-holders.
