Order 507025 The Treaty of Waitangi

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Running head: THE TREATY OF WAITANGI (NEW ZEALAND) 1 The Treaty of Waitangi (New Zealand) Student’s Name Institutional Affiliation
THE TREATY OF WAITANGI (NEW ZEALAND) 2 The Treaty of Waitangi (New Zealand) 1. What are the differences between the Treaty of Waitangi and Te Tiriti o Waitangi, and why it is important to distinguish between them? There are differences between the Treaty of Waitangi and Te Tiriti of Waitangi. The Te Tiriti o Waitangi denotes the Maori version while the Treaty of Waitangi implies the English version of the treaty. Around forty-six chiefs signed the Maori version of the treaty on the sixth of February 1840. Afterward, the Crown engaged an aspiring plan to acquire the agreement of Maori chiefs residing in other regions of Aotearoa (Biggs, 1989). Different replicas of the treaties were produced and given to some of four hundred and fifty chiefs for signing. The presentation of each of these two treaties was diverse, and the conditions of the meetings associated with every treaty varied from friendly to hostility relations. Most of the Maori chiefs signed Te Tiriti o Waitangi (Hayward, 2004). There was only one instance from the numerous meetings that the British had with the tribal groups that some Maori chiefs signed the Treaty of Waitangi (The English version of the treaty.) The discussions in the two meetings were also different. The text from the Crown proved to be inconsistent. Due to this, the Maori had diverse comprehensions of the treaty, and some of these differences persist up to date. Te Tiriti o Waitangi contains three articles (Biggs, 1989). In the first article, the Maori people approve a central administrative government that will rule the nation but not relinquishes their sovereignty. In the second article, the Crown pledges to protect the privileges and rights of the Maori chiefs with regards to their undisturbed and exclusive possession of their cultural, intellectual, and natural treasures. The third article assured the Maori people that they would be handled equally to the British people. On the other hand, the
THE TREATY OF WAITANGI (NEW ZEALAND) 3 first article of the English version of the treaty, the Treaty of Waitangi, stated that the independent and distinct chiefs, and the Confederation of the United Tribes of New Zealand’s chiefs who are nonmembers of the Confederation submit to the Queen of England without reservation of the sovereign power or rights that these chiefs possessed (Hayward, 2004). The Maori version and the English version of the treaty presented different texts to the Maori people. It is important to differentiate between these two treaties since by differentiating them, one understands how the two treaties presented different texts, and the inconsistencies between the texts are attributed to the difficulty in the interpretation of the texts. 2. With the benefit of 21st-century hindsight, how do you think the Treaty of Waitangi could have been improved? The Treaty of Waitangi was meant to enable the Maori people, and the British settlers exist together under a common set of agreements or laws. The major aim of the treaty was to guard the rights of the Maori people in their country and to protect their fisheries, forests, treasures, and land while being ruled by the English administration. Therefore, the treaty intended to bring protection, participation, and partnership between the English government and the Maori people. With the benefit of 21st-century hindsight, the treaty would have been improved in various ways. The first one was by establishing a reliable funding approach to the central government (Cox, 1993). After signing the treaty of Waitangi, a central government was established for the Maori people. Although the government was provided by British sovereignty, they did not design how this government would be funded. The leaders found it hard running the central government since they did not have enough funds to cater for the processes that were ongoing within the government.
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THE TREATY OF WAITANGI (NEW ZEALAND) 4 To raise funds to run the government, the governor had to device a method whereby he could buy land from the Maori people and then sell it at a profit. Therefore, one way that this treaty would have been improved is through developing a reliable funding system for the government. Since the government was run by the British power, the British government would have provided funds to the Maori government to make it powerful and efficient in its operations (Cox, 1993). Another way that the government would have formed a reliable funding system is by developing a tax system among both the Maori and British citizens (O'Malley, 2017). In this case, the citizens would have been equally taxed, and the funds used to run the government. The treaty also declared that the independent and distinct chiefs, and the Confederation of the United Tribes of New Zealand’s chiefs who are nonmembers of the Confederation submit to the Queen of England without reservation of the sovereign power or rights that these chiefs possessed. The text presented in this article of the treaty represented some hostility towards the Maori leaders. The primary role of the treaty was to bring protection, participation, and partnership between the English government and the Maori people (O'Malley, 2017). Therefore, there was no need for the treaty to show hostility towards the Maori chiefs. Instead, the treaty should have given the Maori people fair participation in the country’s leadership and guaranteed them their rights. 3. What were the advantages and disadvantages of the signing of the Treaty of Waitangi for iwi (tribes) and settlers? The signing of the Treaty of Waitangi had various advantages and disadvantages among the iwi tribes and the settlers. Some of the advantages of the treaty include the treaty includes the fact that it controlled the association between the Maori and other settlers by ensuring that the rights of the two groups of people, Pakeha and Maori, living in New Zealand were protected (Orange, 2011). For instance, the treaty granted the Maori the right to organize themselves,
THE TREATY OF WAITANGI (NEW ZEALAND) 5 control their resources, and guard their cultures. The treaty was inclusive in the sense that it allowed the iwi tribes to exercise their political system whereby chiefdoms were still maintained. The only difference that was made is that the chiefs were now supposed to report to a central government that was led by the British government. Another advantage of the treaty is that it required the central government to act in good faith and reasonably toward the Maori iwi tribes and the settlers. The establishment of the treaty also led to the creation of a central government that addressed the grievances that existed between the Maori iwi tribes and the settlers (Orange, 2011). The central government enabled the iwi tribes and the settlers to exist in harmony since it played a vital role in settling the disagreements between the two groups. Last but not least, the treaty led to the establishment of equality and the notion individuals living in New Zealand were equal under the law. Nonetheless, the treaty also led to some disadvantages among the iwi and the settlers. For instance, the treaty permitted the British invaders to acquire and from the Maori people. Although the people were supposed to use the right means to acquire the land, some of the whites took advantage of this clause of the treaty to rip-off land from the iwi and the settlers (Orange, 2011). Most of the fertile lands were reserved for the white settlers while the iwi and other settlers were pushed to the unfertile territories in the country. Another disadvantage of the Treaty of Waitangi is that it subjected some people that were against it under great pain and suffering. People who objected to the treaty were deprived of their rights and were to submit to the queen of England forcefully. Therefore, the treaty disadvantaged members from the iwi and settlers group that were against its approval. They were treated with hostility as opposed to the rest of the members. 4. From an education perspective, what actions of the Crown breached the Treaty of Waitangi in the 19th century?
THE TREATY OF WAITANGI (NEW ZEALAND) 6 The Crown breached the treaty of Waitangi in various ways. The objective of signing the Treaty of Waitangi was to promote protection, participation, and partnership between the Crown government and the Maori people. Therefore, the treaty was supposed to serve as a document that protects the rights of the Maori and improvise the necessary knowledge and skills that people would use to attain citizenship like the British wanted to settle in New Zealand. However, instead of giving the Maori people the protection participation and partnership that they required, the Crown government decided to take another route (Mutu, 2010). For instance, the Crown government began snatching land away from the Maori people. A perfect example is when the Crown government took the Hawke's Bay land. The decision by the Crown government to confiscate the land shows that it bridged the agreement that was made in the treaty. The treaty was meant to protect the rights of the Maori people and create equality among both the British and the Maori people. Therefore, taking away the most fertile regions of their land and pushing the Maori people in regions that were not fertile such as Mohaka-Waikare, showed how the Crown government did not intend to bring equality among the residents of New Zealand (Walker, 2004). Records show that the British settlers were possessed the land in the fertile regions of the country while the Maori were pushed to the unfertile regions. Another way that the Crown government breached the Treaty of Waitangi is by showing hostility towards individuals who did not embrace the treaty. For instance, the treaty wanted to enable the participation of the Maori people in the leadership process. It also wanted to promote partnerships among the Maori leaders and the representatives of the Crown government. However, this is not exactly what the Crown government did. The English version of the treaty held that the chiefs who did not sign the treaty were to submit to the Queen of England and their rights and freedom deprived of (Hill, 2004). This does not show the original intentions of the treaty. Its initial intentions were to
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THE TREATY OF WAITANGI (NEW ZEALAND) 7 promote equality among the residents of New Zealand. However, the decision to deprive of the rights of those who did not support the treaty shows that the treaty was only intended to benefit the Crown government by enabling the British residents to acquire land in New Zealand rather than acting in good faith towards the Maori people as suggested in the treaty.
THE TREATY OF WAITANGI (NEW ZEALAND) 8 References Biggs, B. (1989). Humpty dumpty and the Treaty of Waitangi. In I.H. Kawharu (Ed.), Waitangi: Māori and Pakeha perspectives of the Treaty of Waitangi (pp. 300-312). Auckland: Oxford University Press Cox, L. (1993). The Declaration of Independence. Kotahitanga: the search for Māori political unity (pp. 40-43). Auckland: Oxford University Press. Hayward., J. (2004). Te Tititi o Waitangi: The Treaty of Waitangi. In T. Ka’ai, J. Moorfiel, M. Reilly & M. Sharon (Eds.), Ki te whaiao: an introduction to Māori culture and society (pp. 151-162). Auckland: Person. Hill, R. (2004). The quest for autonomy in the nineteenth century. State authority indigenous autonomy: Crown – Māori relations in New Zealand/Aotearoa. (pp. 31-42). Wellington: Victoria University Press. Mutu, M. (2010). Constitutional intentions: the Treaty of Waitangi texts. In M. Mulholland & V. Tawhai (Eds.), Weeping waters: the Treaty of Waitangi and constitutional change (pp. 13- 40). Wellington: Huia Publishers O'Malley, V. (2017). Introduction in He Whakaputanga: The Declaration of Independence 1835. (pp. 8-14). Wellington, Bridget Williams Books. Orange, C. (2011). Māori sovereignty and its demise. The Treaty of Waitangi (pp. 28-39). Wellington: Bridget Williams Books. Walker, R. (2004). The missionaries. Ka whawhai tonu matou: struggle without end (pp. 81-90). Auckland: Penguin.
THE TREATY OF WAITANGI (NEW ZEALAND) 9 .
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