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James Busby

Edinburgh-born James Busby (1802-1871) was British Resident, a consular representative, in New Zealand from 1833.

By the early 1830s there were perhaps only a couple of hundred permanent European residents in New Zealand. The reputation of the principal settlement of Kororareka as the 'hell-hole of the Pacific' led Busby to conclude that New Zealand was an example of 'extreme frontier chaos'. Busby’s main duties, as outlined in instructions from Governor Richard Bourke of New South Wales, were to protect the more orderly British settlers and traders and prevent 'outrages' by the less orderly Europeans against Maori.

Based at Waitangi in the Bay of Islands, Busby was given little material support with which to achieve these aims; he had no troops or police and no legal power to make arrests. Maori derided him as a ‘Man-o-War without guns’. Busby was well aware of the shortcomings of his position. He was eventually assisted by the unpaid Lieutenant Thomas McDonnell, a retired naval officer who had established himself as a trader in the Hokianga.

In 1834 Busby gained official recognition for a New Zealand flag, under which locally built ships could sail to Australia without fear of being impounded. In 1835 he used Charles de Thierry’s attempt to declare a sovereign state in the Hokianga to persuade chiefs to sign a Declaration of Independence asserting their own sovereignty over New Zealand. While there was considerable doubt that the 'confederation' actually existed, the British Government recognised the Declaration.

In early 1840 Busby helped William Hobson draft the Treaty of Waitangi. The document was explained, debated and signed at the great gathering at Busby's Waitangi home – now the 'Treaty House'. His influence was seen in Article 2 (Read The Treaty), which guaranteed Maori chiefs 'tino rangatiratanga' (Maori version) or 'full, exclusive and undisturbed possession' (English version) of their lands and other resources.

Busby also has a claim to fame as our first winemaker. He trained in Europe as a viticulturalist, and brought a collection of grapevines that helped to found the Australian wine industry. In the late 1830s he established a vineyard at Waitangi.

Declining a position in William Hobson's new colonial government, Busby tried to expand his farming interests in the 1840s, but became entangled in litigation over his land titles. He also edited a newspaper and served as a member of the Auckland Provincial Council. He died in 1871 while visiting England for an eye operation.

See also: biography of James Busby on DNZB website

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The 1835 Declaration of Independence

On 28 October 1835, James Busby called a hui (meeting) at Waitangi. Thirty-four northern chiefs who became known as the Confederation of United Tribes signed ‘A Declaration of the Independence of New Zealand’ and called upon King William IV of Britain to become their ‘parent’ and ‘Protector’. They also thanked the King for acknowledging their flag.

The handwritten Declaration consisting of four articles was later printed by a mission printery. It asserted the independence of Nu Tirene (New Zealand) under the rule of the ‘United Tribes of New Zealand’, which planned to ‘meet in Congress’ at Waitangi each autumn to frame laws.

Māori had no say in the preparation of this document. Nevertheless, by 1839, 52 chiefs had signed the declaration, which was acknowledged by the British government. Busby saw it as a significant mark of Māori national identity and believed it would prevent other countries from making formal deals with Māori.

Transcript

1. KO MATOU, ko nga Tino Rangatira o nga iwi o Nu Tireni i raro mai o Hauraki kua oti nei te huihui i Waitangi i Tokerau i te ra 28 o Oketopa 1835, ka wakaputa i te Rangatiratanga o to matou wenua a ka meatia ka wakaputaia e matou he Wenua Rangatira, kia huaina, Ko te Wakaminenga o nga Hapu o Nu Tireni.

2. Ko te Kingitanga ko te mana i te wenua o te wakaminenga o Nu Tireni ka meatia nei kei nga Tino Rangatira anake i to matou huihuinga, a ka mea hoki e kore e tukua e matou te wakarite ture ki te tahi hunga ke atu, me te tahi Kawanatanga hoki kia meatia i te wenua o te wakaminenga o Nu Tireni, ko nga tangata anake e meatia nei e matou e wakarite ana ki te ritenga o o matou ture e meatia nei matou i to matou huihuinga.

3. Ko matou ko nga tino Rangatira ka mea nei kia huihui ki te runanga ki Waitangi a te Ngahuru i tenei tau i tenei tau ki te wakarite ture kia tika ai te wakawakanga, kia mau pu te rongo kia mutu te he kia tika te hokohoko, a ka mea hoki ki nga tauiwi o runga, kia wakarerea te wawai, kia mahara ai ki te wakaoranga o to matou wenua, a kia uru ratou ki te wakaminenga o Nu Tireni.

4. Ka mea matou kia tuhituhia he pukapuka ki te ritenga o tenei o to matou wakaputanga nei ki te Kingi o Ingarani hei kawe atu i to matou aroha nana hoki i wakaae ki te Kara mo matou. A no te mea ka atawai matou, ka tiaki i nga pakeha e noho nei i uta, e rere mai ana ki te hokohoko, koia ka mea ai matou ki te Kingi kia waiho hei matua ki a matou i to matou Tamarikitanga kei wakakahoretia to matou Rangatiratanga.

KUA WAKAAETIA katoatia e matou i tenei ra i te 28 Oketopa, 1835, ki te aroaro o te Reireneti o te Kingi o Ingarani.

English Translation

Declaration of Independence of New Zealand

1. We, the hereditary chiefs and heads of the tribes of the Northern parts of New Zealand, being assembled at Waitangi, in the Bay of Islands, on this 28th day of October, 1835, declare the Independence of our country, which is hereby constituted and declared to be an Independent State, under the designation of The United Tribes of New Zealand.

2. All sovereign power and authority within the territories of the United Tribes of New Zealand is hereby declared to reside entirely and exclusively in the hereditary chiefs and heads of tribes in their collective capacity, who also declare that they will not permit any legislative authority separate from themselves in their collective capacity to exist, nor any function of government to be exercised within the said territories, unless by persons appointed by them, and acting under the authority of laws regularly enacted by them in Congress assembled.

3. The hereditary chiefs and heads of tribes agree to meet in Congress at Waitangi in the autumn of each year, for the purpose of framing laws for the dispensation of justice, the preservation of peace and good order, and the regulation of trade; and they cordially invite the Southern tribes to lay aside their private animosities and to consult the safety and welfare of our common country, by joining the Confederation of the United Tribes.

4. They also agree to send a copy of this Declaration to His Majesty, the King of England, to thank him for his acknowledgement of their flag; and in return for the friendship and protection they have shown, and are prepared to show, to such of his subjects as have settled in their country, or resorted to its shores for the purposes of trade, they entreat that he will continue to be the parent of their infant State, and that he will become its Protector from all attempts upon its independence.

Agreed to unanimously on this 28 day of October, 1835, in the presence of His Britannic Majesty’s Resident.

(Here follows the signatures or marks of thirty-five Hereditary chiefs or Heads of tribes, which form a fair representation of the tribes of New Zealand from the North Cape to the latitude of the River Thames.)
English witnesses:
(Signed) Henry Williams, Missionary, C.M.S.
George Clarke, C.M.S.
James C. Clendon, Merchant.
Gilbert Mair, Merchant.

I certify that the above is a correct copy of the Declaration of the Chiefs, according to the translation of Missionaries who have resided ten years and upwards in the country; and it is transmitted to His Most Gracious Majesty the King of England, at the unanimous request of the chiefs.

(Signed) JAMES BUSBY, British Resident at New Zealand.

This copy of the Declaration was reproduced from an 1877 book of facsimile copies of the Declaration of Independence and the Treaty of Waitangi. The translation is from Archives New Zealand.

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Busby becomes official British Resident

James Busby’s arrival in the Bay of Islands marked Britain’s first tentative step along a path that led to the signing of the Treaty of Waitangi on the grounds of his house seven years later.

Until the 1830s official British interest in events in New Zealand was low-key and those closer to the scene − officials in New South Wales, and missionaries − made the day-to-day decisions. In 1831 a petition signed by 13 northern Māori chiefs was sent to King William IV. They asked for recognition of their trading and missionary contacts with Britain. They also expressed fear of intervention by other nations and requested protection from the depredations of lawless British subjects.

Britain responded by appointing James Busby as the official British ‘Resident’ in 1833. His main duties, as outlined in instructions from Governor Richard Bourke of New South Wales, were:

to protect ‘well disposed settlers and traders’,
to prevent ‘outrages’ by Europeans against Māori, and
to apprehend escaped convicts.

Busby was given virtually no resources with which to achieve these aims. He had no troops and, although New Zealand was now regarded as a dependent territory of New South Wales, he was not given magisterial office and had no powers of arrest. Māori nicknamed him ‘Man-o-War without guns’. His roles were essentially those of mediator in matters affecting British subjects alone and race-relations conciliator in disputes between Māori and Pākehā. He was not very successful in either.

Busby was eventually assisted by Thomas McDonnell, a retired naval officer who had established himself as a trader in the Hokianga. Even so, his appointment was an inauspicious start to Britain’s formal relationship with New Zealand.

Image: James Busby

James Busby

James Busby, British Resident 1833–40

At the time of Busby’s appointment as British Resident, Britain saw New Zealand as an independent territory. New South Wales Governor Richard Bourke instructed him to protect ‘well disposed settlers and traders’, prevent ‘outrages’ against Māori by Europeans, and apprehend escaped convicts.

As New Zealand was not British territory, Busby could not hold magisterial office and had no powers of arrest. Bourke disliked Busby and his council resented having to fund him. Responses to requests for money always fell short of Busby’s needs. Bourke advised Busby to utilise chiefly authority and guide Māori towards a settled form of government. Bourke hoped that chiefs would develop a sense of collective responsibility for the behaviour of both Māori and Europeans. Busby was provided with no means of coercion apart from an occasional naval visit.

Busby was in effect a race relations conciliator in disputes between Māori and Pākehā, and a mediator in matters affecting British subjects alone. He was not very successful in either role.

Read more about James Busby

Credit:

Alexander Turnbull Library
Reference: HC-651
Permission of the Alexander Turnbull Library, National Library of New Zealand, Te Puna Matauranga o Aotearoa must be obtained before any reuse of this image.

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painting

James Busby's house

The Treaty House at Waitangi in the early 20th century. When the Bledisloes gifted it to the nation it underwent extensive renovation.

Credit:

Alexander Turnbull Library,
Reference: F18070
Russell Duncan Album
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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