- Crown representative Lieutenant Governor William Hobson,
during his address on the grounds of Te Tii Marae in Waitangi, 1840
Around this time, as more immigrants settled permanently in New Zealand, they weren’t always fair in their dealings with Māori over land. A number of Māori chiefs sought protection from William IV, the King of England, and recognition of their special trade and missionary contacts with Britain. They feared a takeover by nations like France, and wanted to stop the lawlessness of the British people in their country.
Lieutenant Governor William Hobson arrives in the Bay of Islands and proclaims that no existing land titles in New Zealand would be recognized as valid unless confirmed by the British Government.
Hobson begins to draft the Treaty of Waitangi based on instructions from Lord Normanby and texts he had seen in Sydney.
Hobson suffers a stroke and is paralysed. British Resident James Busby takes over treaty drafting.
Busby creates a treaty draft dated February 3. This draft has the phrases “lands and estates forests fisheries” and “right of pre-emption”.
Busby creates a treaty draft dated February 4 that has no reference to “lands and estates forests fisheries” and “right of pre-emption”. Reverend Henry Williams and his son Edward translate the final draft into the Maori language. The Tiriti o Waitangi was the only Treaty authorised by Hobson to be signed by the chiefs.
Hobson reads the treaty in English and Williams reads the Treaty in Maori to the gathering of 2000 people. The chiefs discuss it with Hobson for five hours then well into the night with the missionaries and decide it is to their advantage to sign the Tiriti the next morning.
As British settlement increased, the British Government decided to negotiate a formal agreement with Māori chiefs to become a British Colony. A treaty was drawn up in English then translated into Māori.
The Treaty of Waitangi was signed on February 6, 1840, at Waitangi in the Bay of Islands. Forty-three Northland Chiefs signed the treaty on that day. Over 500 Māori Chiefs signed it as it was taken around the country during the next eight months.
39 chiefs signed the 'Freeman' official English text at Port Waikato and Manukau as an overflow because the Tiriti o Waitangi at Waitangi was full and no other copies available.
Hobson proclaimed sovereignty over the North Island on May 21, 1840, on the grounds of cession by treaty.
Major Thomas Bunbury and Captain Joseph Nias R.N. proclaimed sovereignty over Stewart Island on the basis of Cook’s discovery.
Major Thomas Bunbury and Captain Joseph Nias R.N. proclaimed sovereignty over the South Island on June 17, at Port Underwood, on the basis of cession.
The Treaty had three articles:
I. That the Queen (or king) of Great Britain has the right to rule over New Zealand
II. That Māori chiefs would keep their land and their chieftainships, and would agree to sell their land only to the British monarch; and
III. That all Māori would have the same rights as British subjects.
It is the second and third articles have caused controversy through the years, mainly because of translation problems. Successive governments believed the Treaty enabled complete sovereignty over Māori, their lands and resources. But Māori believed that they were merely giving permission for the British to use their land.
France accepts British Sovereignty, “That sovereignty had been procured in a manner such as could be approved by other nations”.
The New South Wales Continuance Act, which pronounced the Islands of New Zealand to be a British Colony, was passed in Britain.
Queen Victoria’s Royal Charter enacted the Colony of New Zealand, established a Legislative Council, an Executive Council and the Courts, and granted certain powers and authority to the Governor. New Zealand became independent of New South Wales under the watchful eye of the British Parliament.
Hobson presides over the first sitting of the Legislative Council. He cites the Charter dated November 16 as the authority for him to assume the position of governor and commander in chief and to appoint an executive council.
Disputes over ownership followed involving a series of violent conflicts during the 19th century. These became known as the New Zealand Land Wars, and were concentrated around Northland and the southern part of the North Island during the 1840s, and the central North Island in the 1860s. Both sides suffered losses, with the Brittish Crown the eventual victor. Land confiscation and questionable land sales carried on through to the 20th century, until the vast majority of land in New Zealand was owned by settlers and the Crown.
Following its signing, many of the rights guaranteed to Māori in the Treaty of Waitangi were ignored. To help rectify this, the Waitangi Tribunal was set up in 1975. Disagreements over the terms of the treaty continue to this day, and the Tribunal has ruled on a number of claims brought by Māori iwi (tribes) and in many cases, compensation has been granted.
The grounds and building where the treaty was signed have been preserved. Today, the Waitangi Historic Reserve is a popular tourist attraction. Here you can explore the museum, watch a cultural performance inside the carved Māori meeting house, and visit the colonial mission house, historic flagstaff, and beautiful waka taua (Māori war canoe).