Tag Archives: Treaty of Waitangi

WALKING TOGETHER

I was chatting with a couple of guys in Murupara a while ago, waiting for an event to start. One of them was telling us that he farmed a piece of land that his father had been balloted after World War II. That is when land was given to returned soldiers, to rehabilitate them back into civilian life. The Government wanted to channel any discontent into hard work. And work hard they did.

I looked at our other companion. He was from Ngāti Manawa. I knew that his father had been maimed in that war and had returned home to Murupara to find his tribal lands taken and given to Pākehā soldiers. Māori were not eligible under the land scheme. I wondered what he was thinking. He showed no outward animosity and our farmer friend showed no awareness of what it might mean to him. He had no reason to feel guilty. He hadn’t stolen the land. His father hadn’t either and probably had no idea that it was even stolen. They had been given an opportunity and had used it to build a productive farm over generations by the sweat of their brows.

It was such a telling illustration of our country. One set of people dispossessed by a government that saw them as incapable and undeserving. Another set of people who had worked hard to make a good life but had no idea of the injustice that they had benefitted from. In that gulf between those worlds I see a huge amount of graciousness from tangata whenua, like the pōwhiri that we were attending, which welcomed everyone into the ancestral house and treated us all with respect and care.

Māori / Pākehā relationships in this country cannot be simplified into good guys / bad guys. Real life is more complex, interesting and rich. But it can be useful to step back and look at the broad picture. Waitangi Day gives us an opportunity to remember where we have come from and reaffirm where we want to go as a nation.

It is important to understand that Māori never did cede sovereignty in Te Tiriti. The Māori language version of the Treaty of Waitangi – the one signed by most Rangatira and the one that takes precedence under the international legal doctrine of contra proferentum – clearly affirms the sovereignty (tino rangatiratanga) of hapū. Hobson’s Choice and other groups can try to rewrite history but Governor Hobson’s own words at Waitangi in 1840, recorded by eyewitness William Colenso, state clearly that the British were not seeking to make laws to govern Māori. They were seeking only to govern their own unruly people that had come to this land.

It was only when large numbers of settlers arrived and a new Governor was appointed that an attempt was made to assert British authority over Māori communities. There are plenty of good history books, and Waitangi Tribunal reports, that document the way that successive Governments used legislation, debt and war to take Māori lands and resources, and destroy their political and economic structures to force them to come under the authority of the Crown.

Our own history in the Whakatāne District is full of terrible things that were done to local iwi and hapū. That includes the deliberate desecration of some of their most sacred places by previous incarnations of the Council. While there have been real efforts over the past few decades to acknowledge these wrongs and to stop adding to the list, we continue to deal with a legacy of local authority decisions that ignored Māori interests, concerns and authority. As mayor I am still grappling with some of these issues today. I am aware that although the population in our district is around 50% Māori, their voices have historically carried little weight in council decisions. We have made it a collective priority in the last few terms of council to address that.

Our Māori Relationships Strategy – Te Toi Waka Whakarei – outlines what we need to do as a council to build better relationships with iwi, hapū, and whānau. It starts with building our own capacity to engage and listen, and it means taking on board what we hear. It’s a journey but we are already seeing some progress. Instead of fighting – in court, in the media and around the table – we are starting to work together. At the end of the day, we all want the best outcomes for our communities.

We have an opportunity to do something really significant as a district. We can show how to live together with integrity as Tangata Whenua and Tangata Tiriti. We can create political and social processes and institutions that marry the best of Te Ao Māori and Te Ao Pākeha. We can demonstrate what it means to be bi-modal and multi-cultural by simple virtue of our demographics and the strength of our connections with each other. We can show the world an alternative to the hatred and fear being fostered to keep us all distracted and divided.

(Mayoral column in the Whakatāne Beacon 26 Feb 2026)

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WE’RE IN THIS TOGETHER

One of the best available accounts of the signing of the Treaty of Waitangi is given by William Colenso, who was there at the time and a fluent speaker of Māori.

Colenso describes Governor Hobson standing to explain the purpose of the proposed treaty. The missionary Henry Williams translated. Hobson started by saying that the Queen of England wished to do right by the Native people of New Zealand.

“But as the law of England gives no civil powers to Her Majesty out of her dominions, her efforts to do you good will be futile unless you consent…

“ The people of Great Britain are, thank God! free; and, as long as they do not transgress the laws they can go where they please… You have sold them lands here and encouraged them to come here. Her Majesty, always ready to protect her subjects, is also always ready to restrain them.
Her Majesty the Queen asks you to sign this treaty, and to give her that power which shall enable her to restrain them.”

In case you missed it, he is saying ‘to restrain THEM’, the English who had come here, who were running amuck in Kororāreka (Russell) and the like.

He then read out the treaty in Māori, which affirmed the right of hapu to their tino rangatiratanga – their own authority. It granted the rights of British Citizens to the Māori people, and protected the rights of different faiths (including Māori spiritual practises). And it provided for the Crown to exercise ‘kawanatanga’ – the ability to pass laws to restrain their own people.

The often repeated claim that Māori ceded their sovereignty when they signed the Treaty of Waitangi is simply incorrect. The Māori language translation that was read out, and that Hobson and almost all the rangatira signed, makes no mention of cedeing sovereignty. It is that version that takes precedence under the international legal principle of contra preferentum.

It seems obvious really. Why would they give up their right to rule themselves? They outnumbered the British many times over. They did not need to come under the authority of Queen Victoria to reap the benefits of technology transfer. Māori were already doing very well, adopting European ways of doing things where it suited them and keeping their own where it didn’t. Māori food growers fed Auckland, Māori textiles and timber filled the holds of trading ships and Maōri owned fleets were sailing to Australia and the USA to do commerce.

Some people have said that colonisation benefitted Māori. It is hard to see how. Māori were already enjoying the fruits of this rich cultural exchange. How could colonisation – war, murder, rape, the theft of land and resources, the attempted destruction of culture and traditional political organisation – add anything positive to that?

Today more people are becoming aware of that history. There is no reason for anyone today to feel guilty about it, nor would guilt serve any useful purpose. Neither can we return to 1840, even if we wished to. What we can do is reflect on what kind of nation we are today, and what we wish to be. How might our political-economic system serve us ALL better, empowering ordinary people over corporate power? How might it reflect more of the generosity of spirit that characterised that momentous event at Waitangi (and around the country – it wasn’t until 16 July that the Treaty was signed at Pōhaturoa by rangatira of Ngāti Pūkeko and Ngāti Awa).


There is a lot of talk about ‘co-governance’ at the moment, for example in 3 waters. The reality is that while Iwi Māori do get input into some very high level statements and expectations, the water services entities will be governed by independent boards. Iwi will have a say on the make up of the panel that decides who will sit on those boards, but that is as close as they get to the board table. Having a Māori world view represented in setting the DNA of those entities , though, will benefit us all. It doesn’t deserve the racist backlash that we’ve seen.

Perhaps in some ways more interesting is what happens at a local level. Local Government reform is a chance to examine the role of local councils in relation to Tangata Whenua, and to more clearly define the boundaries between them. Constitutional reform, to recognise the mana of Tangata Whenua and at the same time to provide an inherent right for Local Government and local decision-making, would be a step forward in my opinion. I would like to see local government legislation better provide for the resource management practises that Māori developed over centuries and that were attuned to the needs of specific catchments, ecosystems, climatic zones. I would like to see the intergenerational aspirations and values of a Tangata Whenua worldview embedded into council long-term planning frameworks. And I would like to see the relationship between local authorities and Tangata Whenua organisations (both post settlement entities and hapū) clarified and improved.

We shouldn’t be frightened of these discussions. This is an exciting opportunity to think about what it means to live in Aotearoa today. We all want the best for our descendants, and those descendants are increasingly Māori AND Pākeha, and chosing to honour their whole whakapapa. Let us mold our democracy to be something unique in the world, something that brings together the best of the Westminster adversarial system of representative majoritarianism with the best of Indigenous practise and decision-making. A system grounded in the reality of living in Aotearoa New Zealand.


First published in the Whakatāne Beacon 3/2/23

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