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Waitangi, home of the Treaty - roadside stories

The Treaty of Waitangi, considered to be New Zealand’s founding document, was signed at Waitangi on 6 February 1840 by Māori chiefs and representatives of the British Crown. However, within five years Māori were at war with the British over land loss and infringements of the Treaty. Since the 1970s the Waitangi Tribunal has investigated breaches of the Treaty.

Transcript

Archival audio: Waitangi Celebration 1940 System ID 37928 RNZ Sound archives.

Actor’s voice: Her Majesty the Queen asks you to sign this treaty. I ask you for this publicly; I do not go from one chief to another. You yourselves have often asked the King of England to extend his protection unto you. Her Majesty now offers you that protection in this treaty.

Narrator: The Treaty of Waitangi, signed at Waitangi in the Bay of Islands on the 6th of February 1840, is considered New Zealand’s founding document.

At the time, there were about 100,000 Māori living in New Zealand, and only 2000 Europeans, or Pākehā. The Europeans felt it was necessary to have a formal acceptance of their settlement. Māori were interested in having European setters because they provided trading opportunities. On the 5th of February 1840, the day before the Treaty was signed, Lieutenant-Governor William Hobson explained the purpose of a proposed agreement between the British government and Māori to a large gathering of chiefs assembled at Waitangi.

The meeting took place in front of the house of the British Resident, James Busby. [This would become known as the Treaty House.] Chiefs from a number of northern tribes had come to Waitangi by canoe and assembled on a clearing near the Resident’s house. The newly appointed governor, Captain William Hobson, had arrived a week earlier from Sydney. Anglican, Catholic and Wesleyan missionaries also attended, with the Reverend Henry Williams, who spoke Māori, interpreting the speeches of the governor and the chiefs.

After Hobson had spoken, Williams read out the text of the Treaty in Māori. Then the chiefs rose one by one to offer their responses. That evening they retired to nearby Te Tii Marae on the banks of the Waitangi River to continue discussing the document. The next day, the chiefs reassembled in front of the [Treaty] house and 45 of them signed the Treaty. Some chose not to.

In essence, the Treaty formally extended British rule over New Zealand and required Māori recognition of the Governor’s authority. In return, the British government guaranteed Māori their lands, forests and fisheries, and gave them the legal rights of British subjects. It also stipulated that only the Crown could buy Māori land.

However, within five years, Māori and the British government were at war in northern New Zealand over the ongoing loss of Māori land and resources.

To some, the Treaty seemed to be simply a device to help spread European settlement. Others argued it was a sincere attempt to create a society that protected Māori interests as well as the Crown’s. But by the end of the 19th century, Māori had been told by the Chief Justice that the Treaty was ‘a nullity’ with no standing in law.

Waitangi, where the Treaty negotiations took place, was also ignored. The [Treaty] house lay in disrepair and the Treaty itself was so neglected that parts of it were eaten by rats.

But in 1932, the Governor-General, Lord Bledisloe, bought the land at Waitangi and gifted it to the nation, as well as organising the restoration of the [Treaty] house. This prompted the construction of a beautiful Māori meeting house nearby. Its carvings represented many of the country’s tribes and commemorated the Treaty’s centenary in 1940. A large waka, or canoe, was also built.

While the centenary was a great occasion, the Treaty itself continued to be largely ignored. Not until 1975, when the Waitangi Tribunal was established to investigate grievances, did the Treaty begin to be taken seriously. Since then, it has helped determine government policy and is recognised in the law courts.

At Waitangi today, the Treaty house and the flagstaff stand on extensive manicured lawns. The grounds also include the centennial meeting house and the great waka, which is housed close to the beach where the chiefs landed in 1840.

The Treaty grounds are now visited by around 180,000 people a year. On Waitangi Day itself, the 6th of February, large numbers attend the celebrations.

Since this video was made, errors have been brought to our attention. Corrections to the transcript are indicated by the use of square brackets.

Manatū Taonga - Ministry for Culture and Heritage, 2011. Part of the Roadside Stories series

Archival audio sourced from Radio New Zealand Sound Archives, http://www.soundarchives.co.nz/. Sound files may not be reused without permission from Radio New Zealand Sound Archives (Reference number D4129a sa-d-04129-s01-pm).

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Royal family at Waitangi, 1974

Queen Elizabeth, Prince Charles, the Duke of Edinburgh, and Prime Minister Norman Kirk at Waitangi on 6 February 1974, enjoying the New Zealand Day celebrations. Photographed by an Evening Post staff photographer.

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Alexander Turnbull Library
Reference: EP/1974/0611/23A-F
Permission of the Alexander Turnbull Library, National Library of New Zealand, Te Puna Matauranga o Aotearoa, must be obtained before any re-use of this image.

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Flags flying on Waitangi Day

Traditional hoisting of the New Zealand flag, Union Jack, United Tribes flag and White Ensign at Waitangi on Waitangi Day 2006.

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Waitangi Day in 1960

He Iwi Tahi Tatou - Waitangi Day (1960).

Royal New Zealand Navy ships and vessels from England and Australia carry out exercises at the Bay of Islands and take part in ceremonies commemorating the signing of the Treaty of Waitangi. Governor-General Lord Cobham attends the raising of the Union Jack on the grounds in front of the Treaty House.

Prior to the 1957 general election the Labour Party had declared its intention to make Waitangi Day a public holiday. Once in power however Labour announced that the country could not afford another public holiday. Instead the Waitangi Day Act 1960 declared that Waitangi Day would be celebrated as ‘a national day of thanksgiving’. the first such celebration occurred in 1961. In 1963 the National government passed the Waitangi Day Amendment Act. As a result Waitangi Day replaced the Auckland provincial anniversary day for Northland reinforcing identification of the day with the north.

Archives New Zealand - Te Rua Mahara o te Kāwanatanga
Reference: Pictorial Parade No 99, pt 3
See more about this film on Archives New Zealand's Audio Visual wiki and their YouTube channel
Permission of Archives New Zealand Te Rua Mahara o te Kāwanatanga must be obtained before any re-use of this material

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Waitangi Day in the 21st century

Waitangi and beyond

In 2000 Prime Minister Helen Clark was reported as saying that 'It is my strong belief that the days and events around Waitangi Day should contribute to the building of a sense of New Zealand identity and purpose.' In the 21st century the day has been linked more closely with New Zealand identity, and events have expanded beyond Waitangi itself. Protests have continued, and representatives of the Crown have not always been present at Waitangi.

Official ceremonies

Helen Clark and Titewhai Harawera

In 2000 the official ceremonies remained at Waitangi. Labour Prime Minister Helen Clark decided to attend a Waitangi Day function at Ōnuku marae, Akaroa, but Governor-General Sir Michael Hardie Boys, some MPs and Jenny Shipley, the leader of the Opposition, were at Waitangi. The programme of events on the Treaty House grounds aimed to make the day one of spiritual observance, ceremony, family fun and entertainment. It was generally successful. An official welcome and forum at Te Tii marae did not run smoothly, and there was an assault on the Waitangi flagpole in the early hours of 6 February. Most media reports focused on these aspects and gave brief coverage to the rest.

The difficulties associated with events at Waitangi and Te Tii marae raised questions about whether official commemorations should continue to be held there. Cabinet decided that in 2001 there would be no official representation at Waitangi, but, in the end, two cabinet ministers were present. The Waitangi National Trust Board organised events to mark the day, including a church service. Although this was disrupted by 300 young people, the rest of the day passed peacefully with games and waka events.

The Crown returned to Waitangi in 2002, with the governor-general, attorney general and prime minister all in attendance. Protestors disturbed the welcome at Te Tii marae and an early church service in the Whare Rūnanga on the Treaty House grounds, but other events were held in a celebratory atmosphere.

Protests have continued at Waitangi, and the prime minister has not always attended events there on Waitangi Day. In 2004 some Māori used Waitangi Day to protest about the government's legislation regarding the seabed and foreshore. In the days leading up to Waitangi Day, National Party politicians were pelted with mud, and members of the government were jostled as they entered Te Tii marae.

Prime Minister Helen Clark did not return to Te Tii marae following the jostling incident in 2004 but did continue visit Waitangi. Over the next few years her annual Waitangi Day programme generally involved hosting a breakfast at a hotel near the Treaty Grounds and a walk around with dignitaries, before heading to Auckland to attend events there. When criticised for not visiting the lower marae in 2007 Clark responded that ‘the atmosphere is such that if I don't go, there probably won't be incidents and if I did, there would be’.

Māori Labour MPs continued to visit Te Tii marae in the years that followed, as did Opposition leader Don Brash and his successor John Key. Though protest groups continued to gather at the marae the atmosphere was not as heated as it had been in 2004. Many put this down to the growth of the Māori Party, established in July 2004 in protest against the foreshore and seabed legislation. In 2006, by which time the Māori party had won four out of seven Māori seats, Te Tii kaumatua and spokesman Kīngi Taurua commented:

Many of those who used to protest at Waitangi have joined the Māori Party. They now believe they have a voice in Parliament for their concerns rather than having to confront politicians when they come here.

Following the 2008 general election the Māori Party joined a National-led minority government with ACT and United Future. Since forming the government National and Māori Party MPs have continued to attend Te Ti marae, as have Opposition leaders.

In 2009 two men breached the Prime Minister's security cordon outside Te Tii marae and grabbed hold of his jacket yelling that they would not let him on to the marae. The incident was unexpected because of National's new relationship with the Māori Party and Key's recent announcement that he would allow a Māori flag to fly on future Waitangi Days. It was quickly condemned by Māori Party MPs and kaumātua at the marae. Veteran activist Titewhai Harawira was reported as saying ‘that after 30 years of real hard struggle there was no need for physical protest at this time’.

Beyond Waitangi

Moves to commemorate Waitangi Day across New Zealand have expanded in the early 21st century. Functions and events are now held throughout the country. The government has made available funding to assist events and activities that acknowledge the signing of the Treaty. The Commemorating Waitangi Day Fund has supported dozens of events, ranging from a commemoration of Lieutenant-Governor William Hobson's journey from the Bay of Islands to Mangungu, where the Hokianga signing of the Treaty was held, to community tree planting, hāngi and kapa haka performances on the West Coast. Events supported by the fund celebrate the positive aspects of Waitangi Day – the coming together of the peoples of New Zealand in a Treaty partnership.

Māori communities have used the day as an opportunity to discuss the Treaty. Some marae hold open days or run talks on the place of the Treaty in New Zealand. New Zealanders elsewhere also now mark the day. There have been concerts in London, as well as less formal activities.

Classroom ideas - Waitangi Day

This page gives a broad outline of how teachers and students of social studies and history can use material on the Treaty of Waitangi. There are many resources available to help teachers prepare for themes about the Treaty. The material given here is authoritative and accessible. It is written and organised to help users quickly find the information that is most relevant to their needs.

This is not an exhaustive list of teaching activities but some ideas to help busy teachers get started.

We welcome feedback. Please use the comments box at the bottom of this page.

The Treaty of Waitangi

Ever since its signing in 1840, the Treaty of Waitangi has continued to make an indelible mark on our national story. Different understandings of the Treaty have long been the subject of debate. During the 1940 Centennial, Sir Apirana Ngata stated 'I do not know of any year the Maori people have approached with so much misgiving as this Centennial Year ... In retrospect what does the Maori see? Lands gone, the power of chiefs humbled in the dust, Maori culture scattered and broken.' From the 1970s, protests about the Treaty increased as many Maori called for the terms of the Treaty to be honoured. An understanding of the Treaty, and its associated themes, is essential to gain a greater understanding of New Zealand history and society.

This material is valuable to teachers and students studying at various levels. It includes:

Additional topics on Pre-1840 contact are also recommended.

Social studies

The Treaty of Waitangi is an integral part of the social studies programme in many schools. The challenge is to avoid Treaty fatigue, which can result from the repetition of the same information year after year. I would often have Year 9 or 10 students tell me that they had ‘done’ the Treaty of Waitangi. I often asked what ‘doing the Treaty’ meant. Beyond a very basic narrative of events in February 1840, the answer was not a lot.

Teaching the Treaty in isolation is meaningless. The historical context is important, but for many students, starting with what they already know or think may be more useful and may help avoid the repetition of basic facts. They might be aware of conversations around the dinner table or in the media about the Treaty; any questions they have could be a good place to start.

Think about the age and knowledge of your students and what they might be able to understand. For classes below Level 4, the Treaty might be best dealt with as part of a study of celebrations and ceremonies. From your diagnostic work you will know what your class can handle, but be aware of other curriculum levels and what your students might learn about the Treaty in the following years. This can also help reduce repetition.

With a new curriculum just around the corner, it is perhaps questionable how much time and attention you want to pay to the old achievement objectives. This is still the official curriculum, so you might want to continue with the status quo. The new draft curriculum mentions the Treaty of Waitangi specifically at Level 5. It talks about how ‘the Treaty of Waitangi is responded to differently by people in different times and places' and confirms that any study of the Treaty really needs to address the present as well as the past.

In 'Time, continuity and change' at Level 4, students look at the Treaty as an event that has shaped the lives of a group of people. Key to this is examining cause and effect and how and why people experience this event in different ways. At Level 5 this strand develops thinking further by looking at how an event from the past has influenced the relationships within and between groups of people and, more importantly, how it continues to influence them. This is where it is essential to ensure that our teaching ideas explore the present. Students need to see how the Treaty is important to them and how it continues to influence New Zealand society. If we keep it as a 19th-century study, we fail to convey the important fact that the Treaty of Waitangi is a living document.

Examining the Treaty settlement process can be really helpful as it starts with the present and works backwards. A case study approach on a settlement allows students to bring the big story down to a more manageable and relevant level.

Te Ara: the encyclopedia of New Zealand is also a very useful online resource where you can find histories for each iwi that include information about their contact with Europeans.

For more detail about specific activities on this topic go to social studies, Treaty of Waitangi activities in The Classroom.

NCEA Level 3 history

For students studying New Zealand in the 19th century, the Treaty of Waitangi and its implications are key parts of this broad survey. This material provides students with a context for:

Achievement standard 3.4: Signing the Treaty of Waitangi was a significant historical decision, and it was one of the key decisions for life in 19th-century New Zealand.
Achievement standard 3.3: Students can analyse and evaluate evidence in historical sources as the different versions of the Treaty have been subject to ongoing debate and analysis.
For those schools not studying 19th-century New Zealand, this material could be used in a research assignment for achievement standards 3.1 and 3.2.

For more detail of specific activities relating to this topic go to Treaty of Waitangi activities NCEA Level 3 history.

NCEA Level 2 history

For students studying New Zealand history at NCEA Level 2, the Treaty of Waitangi is central to a number of topics and associated achievement standards, including:

Innovation and interference: Maori economic activity 1816
Maori participation in international theatres of war in the 20th century
From colony to nation: New Zealand government 1840-1947
The search for political unity: Maori socio-political structures 1900-90
Maori leadership of the 19th century
The growth of New Zealand identity 1890-1980
Tino rangatiratanga/sovereignty: New Zealand and the Maori nation 1984-99. This material could also be used in a research assignment for achievement standards 2.1 and 2.2.

Further information - Waitangi Day

This web feature was written by Claudia Orange and produced by the NZHistory.net.nz team.

Books

Michael Belgrave, Waitangi revisited: perspectives on the Treaty of Waitangi, Oxford University Press, Oxford, 2005
Claudia Orange, An illustrated history of the Treaty of Waitangi, Bridget Williams Books, Wellington, 2004
Marcia Stenson, The Treaty: every New Zealander's guide to the Treaty of Waitangi, Random House, Auckland, 2004

Waitangi protest poster

Protest poster handed out at Waitangi, 6 February 1983.

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Claudia Orange, private collection

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Prime Minister Helen Clark at Waitangi

Prime Minister Helen Clark with her escort, Titewhai Harawira, at Te Tii marae, Waitangi, 6 February 2002.

See biography of Helen Clark

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Photo: Michael Cunningham
Northern Advocate, 7 February 2002

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The Treaty in brief

Understanding the Treaty

The Treaty of Waitangi is New Zealand’s founding document. It takes its name from the place in the Bay of Islands where it was first signed, on 6 February 1840. This day is now a public holiday in New Zealand. The Treaty is an agreement, in Māori and English, that was made between the British Crown and about 540 Māori rangatira (chiefs).

Growing numbers of British migrants arrived in New Zealand in the late 1830s, and there were plans for extensive settlement. Around this time there were large-scale land transactions with Māori, unruly behaviour by some settlers and signs that the French were interested in annexing New Zealand. The British government was initially unwilling to act, but it eventually realised that annexing the country could protect Māori, regulate British subjects and secure commercial interests.

Lieutenant-Governor William Hobson had the task of securing British sovereignty over New Zealand. He relied on the advice and support of, among others, James Busby, the British Resident in New Zealand. The Treaty was prepared in just a few days. Missionary Henry Williams and his son Edward translated the English draft into Māori overnight on 4 February. About 500 Māori debated the document for a day and a night before it was signed on 6 February.

Signing the Treaty

Hobson and others stressed the Treaty’s benefits while playing down the effects of British sovereignty on rangatiratanga (chiefly authority). Reassured that their status would be strengthened, many chiefs supported the agreement. About 40 chiefs, starting with Hōne Heke, signed the Māori version of the Treaty on 6 February. By September, another 500 had signed the copies of the document that were sent around the country. Some signed while remaining uncertain; others refused or had no chance to sign. Almost all signed the Māori text. The Colonial Office in England later declared that the Treaty applied to Māori tribes whose chiefs had not signed. British sovereignty over the country was proclaimed on 21 May 1840.

Waikato–Manukau Treaty copy (English)

The Treaty is a broad statement of principles on which the British and Māori made a political compact to found a nation state and build a government in New Zealand. The document has three articles. In the English version, Māori cede the sovereignty of New Zealand to Britain; Māori give the Crown an exclusive right to buy lands they wish to sell, and, in return, are guaranteed full rights of ownership of their lands, forests, fisheries and other possessions; and Māori are given the rights and privileges of British subjects.

Waitangi Treaty copy (Māori)

The Treaty in Māori was deemed to convey the meaning of the English version, but there are important differences. Most significantly, the word ‘sovereignty’ was translated as ‘kawanatanga’ (governance). Some Māori believed they were giving up government over their lands but retaining the right to manage their own affairs. The English version guaranteed ‘undisturbed possession’ of all their ‘properties’, but the Māori version guaranteed ‘tino rangatiratanga’ (full authority) over ‘taonga’ (treasures, which may be intangible). Māori understanding was at odds with the understanding of those negotiating the Treaty for the Crown, and as Māori society valued the spoken word, explanations given at the time were probably as important as the wording of the document.

Different understandings of the Treaty have long been the subject of debate. From the 1970s especially, many Māori have called for the terms of the Treaty to be honoured. Some have protested – by marching on Parliament and by occupying land. There have been studies of the Treaty and a growing awareness of its meaning in modern New Zealand.

It is common now to refer to the intention, spirit or principles of the Treaty. The Treaty of Waitangi is not considered part of New Zealand domestic law, except where its principles are referred to in Acts of Parliament. The exclusive right to determine the meaning of the Treaty rests with the Waitangi Tribunal, a commission of inquiry created in 1975 to investigate alleged breaches of the Treaty by the Crown. More than 2000 claims have been lodged with the tribunal, and a number of major settlements have been reached.

NZHistory, New Zealand history online - waitangi day

Waitangi, home of the Treaty - roadside stories

Transcript

Royal family at Waitangi, 1974

Flags flying on Waitangi Day

Waitangi Day in 1960

Waitangi Day in the 21st century

Waitangi and beyond

Official ceremonies

Beyond Waitangi

Classroom ideas - Waitangi Day

The Treaty of Waitangi

Social studies

NCEA Level 3 history

NCEA Level 2 history

More classroom topics

Further information - Waitangi Day

Links

Books

Waitangi protest poster

Prime Minister Helen Clark at Waitangi

The Treaty in brief