Passion for a land and a people is not more deeply felt in Aotearoa than on February the sixth of each year.
With the Treaty of Waitangi and Te Tiriti O Waitangi now 166 years old, interpretations of the past are broad and contestable, and the issue without a foreseeable resolution point.
The true motivation and understanding of the Crown officials and Maori chiefs involved in the signing of the Treaty of Waitangi in 1840 will remain as contentious as the language used in both signed papers.
In New Zealand in 1840 there were about 100,000 Maori, and a tiny number of Europeans - mostly whalers, sealers and traders - along with missionaries sent to convert Maori to Christianity.
The missionaries had strong support within the Colonial Office in Britain and in August 1839 the British Government sent William Hobson out to negotiate with Maori to cede sovereignty over as much of the country as he saw fit.
Hobson arrived in the Bay of Islands in January 1840 and announced the investigation of all land purchases.
The Treaty document, translated into Maori by the missionary Henry Williams, was presented to 500 Mβori at Waitangi on 5 February 1840.
The next day, about 40 chiefs signed the document. By September 1840 some 500 chiefs, including women, had signed copies of the Treaty around the country. Nearly all signed the Maori version.
Sovereignty was proclaimed over the country on 21 May 1840, and in 1841 it became a separate colony.
Treaty of Waitangi vs Te Tiriti o Waitangi
Historians have long since debated the differences between the Maori and English translations; the difference between the Treaty of Waitangi and Te Tiriti o Waitangi.
The preamble of the English version states the British intentions were to: protect Maori interests from the encroaching British settlement provide for British settlement establish a government to maintain peace and order. The Māori text suggests that the Queen's main promises to Maori were to: provide a government while securing tribal rangatiratanga and Maori land ownership for as long as they wished to retain it.
In the English text of the Treaty, Maori leaders gave the Queen "all the rights and powers of sovereignty" over their land. In the Maori text of the Treaty, Maori leaders gave the Queen "te kawanatanga katoa" the complete government over their land.
In the English text of the Treaty, Maori leaders and people, collectively and individually, were confirmed and guaranteed "exclusive and undisturbed possession of their lands and estates, forests, fisheries and other properties". In the Maori text of the Treaty, Maori were guaranteed "te tino rangatiratanga" the unqualified exercise of their chieftainship over their lands "whenua", villages "kainga", and all their property/treasures "taonga katoa". In the English text of the Treaty, Maori yielded to the Crown an exclusive right to purchase their land. Maori agreed to give the Crown the right to buy land from them should Maori wish to sell it.
The importance of the spoken word to the Maori people meant Hobson's verbal explanations could have carried more credence than written versions.
Hobson and others stressed the Treaty's benefits while playing down the effects of British sovereignty on rangatiratanga (or chieftainship) to the chiefs. Reassured that their mana and authority would be strengthened, many rangatira (chiefs) supported the agreement.
Some chiefs signed while remaining uncertain. Others refused, or had no chance to sign. Either way, the British Colonial Office declared that the Treaty applied even to communities that had not signed.
Post Treaty Developments
The Treaty relationship deteriorated during the 1850s 1870s as more settlers arrived.
Until 1867 Maori were not represented in Parliament and there was increasing concern by the shift in power from governor to settlers.
Land loss also worried many chiefs as by the early 1860s, Maori had lost most of the South Island and about one-fifth of the North Island.
Their response, including the establishment of a Maori king in 1858 was seen by some officials as challenging Crown sovereignty.
War began in Taranaki in 1860, spread to Waikato in 1863 and across the central North Island until 1872. Under legislation of 1863 the government confiscated the lands of Maori "rebels". This caused widespread resentment, especially when many Maori who were neutral, or had fought for the Crown, found their lands taken.
The Native Lands Act of 1862 allowed settlers to purchase Maori land after investigation of customary ownership.
It had envisaged Maori participation in the process, but the Act was replaced in 1865 by a more formal court system emphasising Pakeha legal processes and giving European
judges greater powers.
Although some Maori tribal groups attempted strategic deals, they had limited control over land sales. The expensive court process and the individual titles issued saw Maori lose much of the North Island by 1900.
Waitangi Day
The first Waitangi Day was celebrated in 1934, but it was not made a public holiday until 1973.
During the 1940 centennial, newspapers talked of Waitangi as the 'cradle of the nation' and the treaty as the 'foundation of nationhood'.
Nowadays, as the treaty and Waitangi have risen in significance in Aotearoa, Waitangi Day has become a platform for protest concerning treaty injustices, many activists labeling the treaty a fraud.
Maori activists and leaders use this opportunity to challenge the nation over race relations and have called for the holiday not to be celebrated until the treaty was "honoured".
The Maori flag is not officially flown on treaty grounds at Waitangi Day commemorations, although the Navy raises the New Zealand flag, the Union Jack and the White Ensign.
Communities throughout New Zealand now celebrate Waitangi Day in a variety of ways, including public concerts and festivals. The date is an important marker in the country's history and the treaty significant as a foundation document of the nation.
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