08/10/2025
Due to the on-going issues with Govt vs Maori, I want to take a moment to share in plain terms a summary that provides an overview of Aotearoa New Zealand's founding document and the key institution for addressing its breaches
๐ Te Tiriti o Waitangi, 1840
The Treaty is an agreement signed between the British Crown and over 500 Mฤori rangatira (chiefs). It exists in two versions: Mฤori (Te Tiriti) and English, which have significant differences in meaning.
The Articles of the Treaty:
โจArticle 1 โ Sovereignty & Governance (Kฤwanatanga):
In the Mฤori text, chiefs granted "Kฤwanatanga" (governance, or the right to administer government). The retention of "tino rangatiratanga" in Article 2 was understood by Mฤori to mean they kept their own sovereignty.
In the English text, Mฤori ceded "sovereignty" to the Crown.
โจArticle 2 โ Authority & Possession (Tino Rangatiratanga):
In the Mฤori text, the Crown guaranteed to chiefs their "tino rangatiratanga" (full, undiminished authority) over their lands, villages, and all their "taonga" (treasures, which includes language, culture, and resources).
The English text assured Mฤori of "full, exclusive and undisturbed possession of their Lands and Estates, Forests, Fisheries, and other properties."
โจArticle 3 โ Equality (ลritetanga):
The Crown promised Mฤori the same rights and duties of citizenship as the people of England. This article established the principle of equality under the law.
โจArticle 4 โ Spiritual Protection (Wairuatanga):
Guarantees protection for all faiths, including those of England, the Wesleyans, Rome, and importantly the Mฤori customs and practices - such as Tohungatanga and rongoฤ mฤori.
It was orally agreed upon before the Rangatira signed the Treaty, prompted by Catholic Bishop Pompallier's request to Hobson for religious freedom. The wording was provided by Anglican missionary William Colenso and agreed upon by Hobson and the Rangatira.
๐ฟThe Mฤori text (Te Tiriti o Waitangi) is the version that was tabled, debated, and signed by the overwhelming majority of chiefs over 500, some copies were taken across New Zealand for collection of additional signatures.
- In difference, the English version was signed by only 39 Mฤori rangatira, with signatures collected only at Waikato Heads and Manukau.
In international law, when ambiguity exists, the Contra Proferentem principle favors the non-drafting party, prioritizing the indigenous language text; in this case, being Te Tiriti o Waitangi. Hence why it is further recognized by the crown as a founding document.
๐The Principles of the Treaty
To bridge the differences between the two texts, the Waitangi Tribunal and the courts have developed key principles that make the Treaty a "living document." These require the Crown and Mฤori to act towards each other in good faith, with partnership, cooperation, and respect.
๐ฟPartnership: The Treaty established a partnership between the Crown and Mฤori, requiring both parties to act reasonably, honourably, and in good faith.
๐ฟActive Protection: The Crown has a duty to actively protect Mฤori interests, rights, culture, and taonga.
๐ฟRedress: The Crown is obligated to provide a fair and effective process for resolving breaches of the Treaty.
๐ฟOptions: Mฤori have the right to choose their path in society, embracing their traditional rights, the rights of New Zealand citizens, or navigating both worlds.
๐ฟDevelopment: Mฤori have the right to benefit from the development of their resources and taonga, including in modern contexts.
๐The Waitangi Tribunal
In 1975, Mฤori Affairs Minister Matiu Rata established the Waitangi Tribunal as a permanent commission of inquiry to address contemporary breaches of the Treaty. Its scope was to address Treaty breaches, initially for post-1975 claims but then expanded in 1985 to cover grievances from 1840 due the horrific incidents that took place during the period that required redress.
๐ฟThe Waitangi Tribunal Purpose: To investigate claims brought by Mฤori regarding Crown actions, policies, or omissions that are alleged to breach the promises of the Treaty.
๐ฟFunction: The Tribunal conducts research, holds hearings, and determines whether the Crown has breached Treaty principles. It then makes recommendations to the government for reconciliation and redress.
Key point to be mindful of:
The Tribunal's recommendations are not binding on the government. However, they carry immense moral, historical, and political weight and have formed the basis for nearly all major Treaty settlements to date.
๐งฌThe holistic health disparities between Mฤori, the Indigenous people of Aotearoa, and non-Mฤori populations remain a pressing issue rooted in historical injustices, systemic inequities, and socio-political neglect. Following European colonization, Mฤori have faced land confiscation, cultural suppression, and socioeconomic marginalisation, all of which have influenced poorer overall health outcomes. Despite improvements in overall life expectancy, significant gaps persist, with Mฤori experiencing higher rates of chronic diseases, infant mortality, and mental health challenges compared to Pฤkehฤ (NZ Europeans).
โ๏ธ I also challenge the topic of Equality for all New Zealanders: we have not had the same experiences or privileges so there is no common ground for equality.
The most common way to illustrate the difference is with the "Fence at the Baseball Game" image.
โ๏ธEquality: Three people of different heights (a child, a teenager, an adult) are each given one identical crate to stand on to see over a fence. The tall person can see fine, the teenager can mostly see, but the child still cannot see the game.
โ
Equity: Each person is given a different number of crates based on their need. The child gets two crates, the teenager gets one, and the tall person gets none. Now, all three can see the game equally.
This simple image captures the core philosophical difference.
This is good way to highlight the importance of Equitable supports that are needing to be addressed to improve the overall well being of our people.
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The principles of the TreatyโPartnership, Active Protection, and Redressโare fundamentally about Equity.
The Crown's duty of Active Protection requires it to provide more and different support to protect Mฤori taonga (treasures like language and culture) because they are vulnerable and unique.
The process of Redress (like the Waitangi Tribunal and Treaty settlements) is an equitable process. It acknowledges that a simple "equal" application of the law today does not fix the historical injustices. Specific, targeted measures (financial and cultural redress, apologies) are needed to restore the balance and bring about a fair outcome.
If you are going to respond to me, bring FACTS - not opinions. I am purely giving an opportunity for you to learn.
๐ฟMauri ora Aotearoa - IO bless our country to be holistically well and abundant
