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The Treaty
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> Pre-Treaty History of Aotearoa
> He Wakaputanga O Te Rangatiratanga O Nu Tireni
> The Declaration of Independence of New Zealand
The Treaty
> Te Tiriti O Waitangi
> The Treaty of Waitangi
> English Translation of the Māori Text
> Commentary on the Treaty
> Locations of Treaty Signings
> The 1869 Māori Translation
Post Treaty
> Legislative Violations of the Treaty
>Crown Apology to Ngai Tahu
> E Whakaae ana te Karauna ki a Ngai Tahu
> Plastic Tiki and other Nasty Things

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Last updated 6 February 2001.
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Coat of Arms of New Zealand

Commentary on the Treaty by Network Waitangi Ōtautahi

AS YOU CAN SEE THERE ARE TWO DOCUMENTS:

The Treaty in Māori (including its translation into English) and the English version [see its 1869 translation into Māori].

The Treaty in Māori was signed by Captain Hobson and over 500 rangatira, over 40 of them at Waitangi on 6 February 1840.

The English version was signed only at Port Waikato/Manukau. There the Treaty in Māori was promoted but the English version was signed (by approximately 40 rangatira).

WHAT HAPPENS WHEN TWO TREATIES ARE INTERPRETED DIFFERENTLY?

In International Law

  • in any ambiguity the contra proferentem principle applies, which means that a decision is made against the party that drafts the document, and
  • the indigenous text takes preference.

For the Treaty of Waitangi this means that the text in Māori takes precedence on both these counts.

THE TREATY

  • is like an instrument of the Declaration of Independence of New Zealand - He Wakaputanga o te Rangatiratanga o Nu Tireni - which was made on 28 October 1835.

    * Thus te tino rangatiratanga was retained by Māori in Article Two of the Treaty.

    * Kawanatanga was given to the Crown in Article One.

    * Article Three assured to Māori rights equal to non-Māori.

  • is between the Crown and hapū.
  • established a relationship with Māori, giving Pākehā a place - if the Treaty is honoured. ('Pākehā' meant all those who were not Māori; today the term 'Tauiwi' would have equivalent meaning.

Network Waitangi Ōtautahi (May 1996)

Māori Language Home Page | The Treaty | Te Tiriti | Translated Treaty | Locations of Treaty Signings | The 1869 Māori Translation

This text supplied by Network Waitangi Ōtautahi. Trustbank Community House, 187 Cashel St, Ōtautahi (Christchurch). Ph (03) 365-5266; Fx (03) 366-8535.