Official stance of the United Tribes of New Zealand
on the purpose of the Treaty of Waitangi 1840
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TE TIRITI O WAITANGI 1840The Treaty of Waitangi
The Treaty of Waitangi was signed by a number of the Northern Maori Chiefs who were also signatories to the Declaration of Independence of 1835. These same Chiefs and over five hundred (500) more Signatories of the North and SouthIsland established as the United Tribes of New Zealand, understood the inalienable, sovereign
rights that existed within their territories of Chieftainship. We refuted the Crown's interpretation of the Maori version of the Treaty of Waitangi 1840 held at the Colonial Office in London as the Official Treaty. The Crown's English version of the Treaty of Waitangi is intentional fraud as the Maori version makes no comment in regard to ceding Sovereignty to the Queen as is stated in the English version of the Treaty of Waitangi Act 1975. |
The Declaration of Independence 1835 (DOI), written by Māori in their language, provides evidence of contemperaneous documentation which identifies the word, "Kingitanga" to mean Sovereignty. Article 1 of the Treaty of Waitangi does not use the word Kingitanga but uses the word "Kawanatanga" in regard to the Queen. Kawanatanga means a Function of Government. Therefore, the Crown's version of Article 1 of the Treaty of Waitangi was an intentional bait and switch scheme that has misled and betrayed Maori for the last 182 years.
HISTORY
His Majesty King William IV of England had responded to the Northern Maori Chiefs Declaration of their Sovereign Independent State in 1835, through recognition of their Independent flag and further availed the protection of the British Crown from threats upon their infant state known as the United Tribes of New Zealand not only other Countries but from His Majesty’s own Subjects.
As a consequence of crime and outrage that His Majesty’s Subjects did inflict upon the people of the United Tribes of New Zealand and after consideration to the findings of the Westminster Parliament House of Lords inquiry of 1836 to 1839, to avert the continuance of such evil consequences of such lawlessness, Lord Normanby wrote, “Maori must not be permitted to enter into any contracts in which they might be the ignorant and unintentional authors of injuries to themselves” therefore, the Crown of England entered into the Treaty for the Protection of the Recognized Independent Sovereign Maori State known as the United Tribes of New Zealand, from its own British subjects. This was the background upon which the Treaty of Waitangi 1840 was founded.
The preamble which Governor Hobson delivered, attempted to enshrine the Declaration of Independence 1835, and at the same time provide the maximum protection of Maori Tikanga, being their laws, customs and practices within the territories of Chieftainship, provided it was not repugnant to humanity.
The Imperial Laws Application Act 1988 and Te Ture Whenua Maori Land Act 1993, were enacted by Westminster Parliament to stay another attack; this time by the Lange New Zealand Parliament in 1986. Te Ture Whenua Maori Land Act 1993 preamble, reaffirmed the Treaty of Waitangi 1840 and the special relationship between Maori and the Crown , Her Majesty Queen Elizabeth II.
Ten years after Te Ture Whenua Maori Land Act 1993, was enacted into New Zealand Statute Law, the highest court of the New Zealand Parliament being the Appeals Court, confirmed in the 2003 Seabed and Foreshore, Ngati Apa Case, that all the successive Colonial Parliaments NEVER HAD AUTHORITY TO GOVERN OVER MAORI and their LAND, NOR ISSUE CROWN GRANTS. The Court went on to say in accordance with Article II, of the Treaty of Waitangi 1840 , only the Queen could purchase land and on-sell the land to Her Subjects, but since the Maori Nation NEVER offered any land for sale, the Queen NEVER bought land nor issued any Crown Grants for land. The Court confirmed a previous decision that every Land Title Registered with “Land Information New Zealand” (LINZ), office to be “absolutely null and void”. This decision very decisively reaffirmed that the Treaty of Waitangi 1840, was a protection mechanism from Her Majesty’s Subjects as was designed.
The preamble which Governor Hobson delivered, attempted to enshrine the Declaration of Independence 1835, and at the same time provide the maximum protection of Maori Tikanga, being their laws, customs and practices within the territories of Chieftainship, provided it was not repugnant to humanity.
The Imperial Laws Application Act 1988 and Te Ture Whenua Maori Land Act 1993, were enacted by Westminster Parliament to stay another attack; this time by the Lange New Zealand Parliament in 1986. Te Ture Whenua Maori Land Act 1993 preamble, reaffirmed the Treaty of Waitangi 1840 and the special relationship between Maori and the Crown , Her Majesty Queen Elizabeth II.
Ten years after Te Ture Whenua Maori Land Act 1993, was enacted into New Zealand Statute Law, the highest court of the New Zealand Parliament being the Appeals Court, confirmed in the 2003 Seabed and Foreshore, Ngati Apa Case, that all the successive Colonial Parliaments NEVER HAD AUTHORITY TO GOVERN OVER MAORI and their LAND, NOR ISSUE CROWN GRANTS. The Court went on to say in accordance with Article II, of the Treaty of Waitangi 1840 , only the Queen could purchase land and on-sell the land to Her Subjects, but since the Maori Nation NEVER offered any land for sale, the Queen NEVER bought land nor issued any Crown Grants for land. The Court confirmed a previous decision that every Land Title Registered with “Land Information New Zealand” (LINZ), office to be “absolutely null and void”. This decision very decisively reaffirmed that the Treaty of Waitangi 1840, was a protection mechanism from Her Majesty’s Subjects as was designed.
UTNZ TREATY OF WAITANGI EXPLANATION
The English Version was drafted by Captain Hobson which he claims to have written within 7 days of arriving in New Zealand Resident Busby's help. On the 4th of February 1840, Missionary Henry Williams translated the English text into Māori for the Chiefs to debate and eventually signed. Henry Williams realized his role was critical and took advantage of the situation. Like many Settlors, he thought that Māori would be better off under British sovereignty. He also knew the chiefs would not agree to a treaty that took power from them, so the translation was key to getting Māori agreement.
At least nine English translations of the signed Maori versions were made but the official English translation by Williams was sent to London immediately which translated as, “Maori ceding sovereignty to the Queen” in absolute conflict of the signed version of the treaty.
At least nine English translations of the signed Maori versions were made but the official English translation by Williams was sent to London immediately which translated as, “Maori ceding sovereignty to the Queen” in absolute conflict of the signed version of the treaty.
MAORI DID NOT CEDE SOVEREIGNTY |
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The Declaration of Independence 1835 (DOI), written by the Māori people in their language provides evidence of contemperaneous documentation that should have been used to interpret the understanding of the Māori version that was signed in the Treaty of Waitangi 1840.
Article I, of the Declaration of Independence states Rangatiratanga, which translates to Independence.
Article II states Kingitanga which translates to Sovereign power and authority.
Article III states Kawangatanga which translates to functions of governnment.
Five years later, the British Crown prepared a Treaty with Māori to protect the Chiefs from any further unscrupulous land sales. Unlike the Declaration, the official English version of the Treaty of Waitangi was written by the British Crown separately from the Māori signed version of the Treaty. The fact that the English version did NOT even closely represent the Treaty version that Māori signed, was an intentional bait and switch scheme that resulted in war and huge land confiscations immediately afterwards.
Article I of the Treaty, stated in the Māori version that the Queen was granted Kawangatana, which translates to ‘functions of government’.
In contrast the English version of Article I, stated that Māori ceded absolute Soverignty to the Queen, this being a completely different intrepretation of the word Kawangatana.
The contemperaneous Māori word for Sovereignty was Kingitanga found in the DOI, however this Maori word does NOT appear in the Māori version of Article I of the Treaty
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Ceding Sovereignty to the Queen was culturally incomprehensible to Māori and unlawful as Maori Sovereignty was already recognized and protected by King William IV.
Article I, of the Declaration of Independence states Rangatiratanga, which translates to Independence.
Article II states Kingitanga which translates to Sovereign power and authority.
Article III states Kawangatanga which translates to functions of governnment.
Five years later, the British Crown prepared a Treaty with Māori to protect the Chiefs from any further unscrupulous land sales. Unlike the Declaration, the official English version of the Treaty of Waitangi was written by the British Crown separately from the Māori signed version of the Treaty. The fact that the English version did NOT even closely represent the Treaty version that Māori signed, was an intentional bait and switch scheme that resulted in war and huge land confiscations immediately afterwards.
Article I of the Treaty, stated in the Māori version that the Queen was granted Kawangatana, which translates to ‘functions of government’.
In contrast the English version of Article I, stated that Māori ceded absolute Soverignty to the Queen, this being a completely different intrepretation of the word Kawangatana.
The contemperaneous Māori word for Sovereignty was Kingitanga found in the DOI, however this Maori word does NOT appear in the Māori version of Article I of the Treaty
.
Ceding Sovereignty to the Queen was culturally incomprehensible to Māori and unlawful as Maori Sovereignty was already recognized and protected by King William IV.
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CONTRACT LAW |
According to the law of contracts, the Treaty being a contract, the application of contra preferendum would apply where there was ambiguity in the documents.
As defined in Black’s Law Dictionary, 2nd Ed.: Contra preferendum typically refers to vague terms of questionable interpretation which should be interpreted against the drafter of the words and terms since the drafter was in the best position to make them clear. In this case the British Crown was the drafter and Māori was the receiver.
The key issue is the interpretation of Article I, where the signed Māori version granted the Queen “Kawangatana” which means functions of government. The English interpretation of the Treaty of Waitangi states that Māori ceded absolute Soverignty to the Queen.
In this case the contra preferedum rule applies where the Maori version of the treaty is the correct interpretation because Maori was the receiver and not the drafter of the treaty.
As defined in Black’s Law Dictionary, 2nd Ed.: Contra preferendum typically refers to vague terms of questionable interpretation which should be interpreted against the drafter of the words and terms since the drafter was in the best position to make them clear. In this case the British Crown was the drafter and Māori was the receiver.
The key issue is the interpretation of Article I, where the signed Māori version granted the Queen “Kawangatana” which means functions of government. The English interpretation of the Treaty of Waitangi states that Māori ceded absolute Soverignty to the Queen.
In this case the contra preferedum rule applies where the Maori version of the treaty is the correct interpretation because Maori was the receiver and not the drafter of the treaty.
WAITANGI TRIBUNAL SUPPORTS MAORI RETAINED SOVEREIGNTY
The Māori people never ceded their sovereignty to any individual settlors, the British Crown, nor any successive de facto NZ governments. In fact as recent as 2014, the de facto NZ government’s own agency, the Waitangi Tribunal, under their Ministry of Justice, determined in their findings of the Wai Claim 1040, that “Māori never ceded their Sovereignty”. However, the de facto government never recognized nor made any comment to support the findings. There are nearly 2,600 accepted Waitangi claims and counting that Māori have filed since 1975, of which only a small fraction has been settled. This whole process is made worse when the de facto NZ government does not even acknowledge its own Waitangi Tribunal’s findings and are acting with reluctance and delay to settle any claims.
TE TIRITI O WAITANGI 1840
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(ENGLISH VERSION) REJECTED BY MOARI
HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty’s Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty’s Sovereign authority over the whole or any part of those islands-- Her Majesty therefore being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the native population and to Her subjects has been graciously pleased to empower and to authorize me William Hobson a Captain in Her Majesty’s Royal Navy Consul and Lieutenant Governor of such parts of New Zealand as may be or hereafter shall be ceded to her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions. Article the First The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective Territories as the sole Sovereigns thereof. Article the Second Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf. Article the Third In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects. W HOBSON Lieutenant Governor. Now therefore We the Chiefs of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof: in witness of which we have attached our signatures or marks at the places and the dates respectively specified. Done at Waitangi this Sixth day of February in the year of Our Lord One thousand eight hundred and forty. [Here follow signatures, dates, etc.] |
(MAORI VERSION)
Ko Wikitoria, te Kuini o Ingarani, i tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga, me to ratou wenua, a kia mau tonu hoki te Rongo ki a ratou me te Atanoho hoki kua wakaaro ia he mea tika kia tukua mai tetahi Rangatira hei kai wakarite ki nga Tangata maori o Nu Tirani-kia wakaaetia e nga Rangatira maori te Kawanatanga o te Kuini ki nga wahikatoa o te Wenua nei me nga Motu-na te mea hoki he tokomaha ke nga tangata o tona Iwi Kua noho ki tenei wenua, a e haere mai nei. Na ko te Kuini e hiahia ana kia wakaritea te Kawanatanga kia kaua ai nga kino e puta mai ki te tangata Maori ki te Pakeha e noho ture kore ana. Na, kua pai te Kuini kia tukua a hau a Wiremu Hopihona he Kapitana i te Roiara Nawi hei Kawana mo nga wahi katoa o Nu Tirani e tukua aianei, amua atu ki te Kuini e mea atu ana ia ki nga Rangatira o te wakaminenga o nga hapu o Nu Tirani me era Rangatira atu enei ture ka korerotia nei. Ko te Tuatahi Ko nga Rangatira o te Wakaminenga me nga Rangatira katoa hoki ki hai i uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu-te Kawanatanga katoa o o ratou wenua. Ko te Tuarua Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira ki nga hapu-ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te Wakaminenga me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te Wenua-ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona. Ko te Tuatoru Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini-Ka tiakina e te Kuini o Ingarani nga tangata maori katoa o Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani. (Signed) William Hobson, Consul and Lieutenant-Governor. Na ko matou ko nga Rangatira o te Wakaminenga o nga hapu o Nu Tirani ka huihui nei ki Waitangi ko matou hoki ko nga Rangatira o Nu Tirani ka kite nei i te ritenga o enei kupu, ka tangohia ka wakaaetia katoatia e matou, koia ka tohungia ai o matou ingoa o matou tohu. Ka meatia tenei ki Waitangi i te ono o nga ra o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki. Ko nga Rangatira o te wakaminenga. |
