What is a historical settlement of Waitangi?
What is a historical Treaty of Waitangi settlement? The Treaty of Waitangi was signed by Māori rangatira, or chiefs, and representatives of the British Crown in 1840. The Treaty has 3 articles. guaranteed Māori the rights and privileges of British citizens.
Who signed the Treaty of Waitangi in 1840?
The Treaty of Waitangi was first signed on 6 February 1840 by representatives of the British Crown and Māori chiefs (rangatira) from the North Island of New Zealand, with a further 500 signatures added later that year, including some from the South Island, and is one of the founding documents for European (Pākehā) settlement in New Zealand.
How do I make a claim under the Treaty of Waitangi?
Treaty of Waitangi claims and settlements. Because the Treaty of Waitangi has limited legal standing in itself, the primary means of registering and researching Treaty claims is through the Waitangi Tribunal. The primary means of settling those claims is through negotiations with the government of the day.
What are Treaty settlements NZ?
Claims for breaches of the Treaty of Waitangi before 1992 are known as historical claims. Settlements aim to resolve these claims by providing some redress to claimant groups.
Why is Treaty Settlements important?
Treaty settlements make reference to the Crown and not just the New Zealand government because it was with the Crown that Māori signed the treaty.
What was the first Treaty settlement?
The first treaty claim settlement, concerning the Waitomo Caves, was signed in 1989. In 1992 the Sealord agreement settled claims over commercial fisheries – it was worth $170 million.
Does the Waitangi Tribunal settle claims?
Because the Treaty of Waitangi has limited legal standing in itself, the primary means of registering and researching Treaty claims is through the Waitangi Tribunal. The primary means of settling those claims is through negotiations with the government of the day.
What is the Treaty settlement process?
The Treaty settlement process is a staged process of negotiation between the Crown and defined Māori communities which is aimed at agreeing redress packages that will settle historical claims of breaches of Te Tiriti o Waitangi. It is a political process, though grounded in legal and constitutional rights.
What was the main purpose of the Treaty of Waitangi?
Today the Treaty is widely accepted to be a constitutional document that establishes and guides the relationship between the Crown in New Zealand (embodied by our government) and Māori. The Treaty promised to protect Māori culture and to enable Māori to continue to live in New Zealand as Māori.
How many treaty settlements are there?
The financial redress of the 79 settlements detailed below were compiled from details on the Office of Treaty Settlements website and include claimant group, date of settlement, and dollar value which totalled $3.7-billion to December 31, 2019.
Which of the following was a result of the Treaty of Waitangi?
An immediate result of the treaty was that Queen Victoria's government gained the sole right to purchase land. In total there are nine signed copies of the Treaty of Waitangi, including the sheet signed on 6 February 1840 at Waitangi. The text of the treaty includes a preamble and three articles.
What are the 3 principles of the Treaty of Waitangi?
The “3 Ps” comprise the well-established Crown Treaty framework – the principles of partnership, participation and protection.
What is a Waitangi Tribunal claim?
What is a claim? Claims to the Waitangi Tribunal are allegations that the Crown has breached the Treaty of Waitangi by particular actions, inactions, laws, or policies and that Māori have suffered prejudice (harmful effects) as a result.
How do I claim Māori land?
No living descendants If a person dies with no descendants, then the following people are entitled to their Māori land: any brothers or sisters of the deceased. the parent of the deceased (from whom they received their Māori land) if they have no brothers or sisters, or those brothers and sisters have no descendants.
How does the Waitangi Tribunal work?
The Waitangi Tribunal is a standing commission of inquiry. It makes recommendations on claims brought by Māori relating to legislation, policies, actions or omissions of the Crown that are alleged to breach the promises made in the Treaty of Waitangi.
Why are treaties important now?
Today, treaties continue to affirm the inherent sovereignty of American Indian nations, enabling tribal governments to maintain a nation-to-nation relationship with the United States government; manage their lands, resources, and economies; protect their people; and build a more secure future for generations to come.
What are the effects of treaties?
Modern treaties establish clearly defined land ownership and jurisdiction, and foster a new relationship based on mutual respect, trust, and understanding. By improving this relationship and increasing certainty, many of the causes of conflicts over land and resources will be resolved.
Why were treaties made in Canada?
Treaties in Canada date back to the time when Europeans first arrived to North America. Europeans sought to make alliances with Indigenous peoples as a way of maintaining the peace, providing access to natural resources and gaining alliances in trade and colonial wars.
What is the purpose of the Treaty of Waitangi?
Once the Minister for Treaty of Waitangi Negotiations has recognised the mandate of a group to negotiate a settlement of their claims, the Crown and the claimant community move towards agreeing to the Terms of Negotiation. The Terms of Negotiation effectively set the ground rules for the negotiation. The Crown will seek to ensure that the Terms of Negotiation clearly define the claimant group who will benefit from the settlement and also record that the objective of the settlement is to finally settle all the historical claims of the settling community and to remove the jurisdiction of the courts and the Waitangi Tribunal in relation to those claims.
What is the Waitangi Tribunal?
The Treaty of Waitangi Act 1975 established the Waitangi Tribunal as a standing commission of inquiry that could hear claims alleging breaches of ‘the principles of the Treaty of Waitangi’ by the Crown. [3] . The Treaty of Waitangi Act does not define ‘the principles of the Treaty’ but requires the Tribunal to have regard to the two texts ...
What is the first step in preparing claims for negotiation?
The first step in preparing claims for negotiation is for the claimant to register a claim with the Waitangi Tribunal. There may well be significant research undertaken into the claim prior to registration and, whether the claim is the subject of a Tribunal inquiry and report or not, further research will be undertaken subsequent to registration if the claim is to progress through the Treaty settlement process.
What is the process of settlement of a treaty?
The Treaty settlement process is a staged process of negotiation between the Crown and defined Māori communities which is aimed at agreeing redress packages that will settle historical claims of breaches of Te Tiriti o Waitangi. It is a political process, though grounded in legal and constitutional rights.
What is historical claim?
Historical claims are defined as those that arise from acts or omissions that took place prior to 21 September 1992. [7] Since its establishment, the Waitangi Tribunal has heard and reported on claims covering a wide range of subject matter.
What happens if a tribunal determines a treaty breach is well-founded?
If the Tribunal determines that a claim of Treaty breach is well-founded, it may ‘recommend to the Crown that action be taken to compensate for or remove the prejudice or to prevent other persons from being similarly affected in the future’. [5]
When was the Waitangi Tribunal established?
When it was first established in 1975, the Waitangi Tribunal did not have any jurisdiction to inquire into historical claims. That is, it could only inquire into claims that the Crown had breached the principles of the Treaty from 1975 onwards. The Treaty of Waitangi Act was amended in 1985 to extend the Tribunal’s jurisdiction to address claims ...
When was the Treaty of Waitangi signed?
The Treaty of Waitangi was signed by Māori rangatira, or chiefs, and representatives of the British Crown in 1840. The Treaty has 3 articles.
What is historical settlement?
Historical settlements aim to resolve these claims and provide some redress to claimant groups. When a settlement is reached, it becomes law.
What is the purpose of implementation in a deed of settlement?
Implementation — the Crown and the claimant group work together to make sure everything agreed in the Deed of Settlement happens.
What are the three types of redress in settlements?
Settlements give 3 kinds of redress to the claimant group. An historical account of the Treaty breaches, and Crown acknowledgement and apology . The historical account details the ways that the Crown breached the Treaty. Both the Crown and the claimant group must agree on these.
How many stages are there in a treaty?
There are 4 stages in a Treaty settlement. Pre-negotiation — the claimant group chooses people to represent them in negotiations. The Crown and the representatives signs Terms of Negotiation. Negotiation — the representatives and the Crown negotiate a final Deed of Settlement.
Who settles with large natural groups?
Who’s involved in a settlement. The Crown settles with Large Natural Groups (LNGs) — communities with a common ancestry. LNGs are known as claimant groups, and can be made up of: a single iwi. a group of iwi. a collection of hapū from the same geographical area. The Crown is the government, and government agencies.
What is historical claim?
Claims for breaches of the Treaty of Waitangi before 1992 are known as historical claims . Settlements aim to resolve these claims by providing some redress to claimant groups.
What is the Treaty of Waitangi?
The Treaty of Waitangi ( Māori: Te Tiriti o Waitangi) is a treaty first signed on 6 February 1840 by representatives of the British Crown and Māori chiefs ( rangatira) from the North Island of New Zealand. It has become a document of central importance to the history, to the political constitution of the state, and to the national mythos of New Zealand, and has played a major role in framing the political relations between New Zealand's government and the Māori population, especially from the late-20th century.
What is the main article of the Treaty of Waitangi?
Main article: Principles of the Treaty of Waitangi. The treaty was incorporated in a limited way into New Zealand law by the State Owned Enterprises Act 1986. Section 9 of the act said "Nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi".
What was the short term effect of the Treaty of New Zealand?
The short-term effect of the treaty was to prevent the sale of Māori land to anyone other than the Crown. This was intended to protect Māori from the kinds of shady land purchases which had alienated indigenous peoples in other parts of the world from their land with minimal compensation. Before the treaty had been finalised the New Zealand Company had made several hasty land deals and shipped settlers from Great Britain to New Zealand, hoping the British would be forced to accept its land claims as a fait accompli, in which it was largely successful.
What did Hobson consider the signing of the Treaty of Waitangi?
Those that signed at Waitangi did not even represent the north as a whole; an analysis of the signatures shows that most were from the Bay of Islands only and that not many of the chiefs of the highest rank had signed on that day. Hobson considered the initial signing at Waitangi to be the "de facto" treaty , while later signings merely "ratified and confirmed it".
Why should the Treaty of New Zealand be included in the Constitution?
Some have argued that the treaty should be further incorporated as a part of the New Zealand constitution, to help improve relations between the Crown, Māori and other New Zealanders. The Fourth Labour Government's Bill of Rights White Paper proposed that the treaty be entrenched in the New Zealand Bill of Rights Act 1990. This proposal was never carried through to the legislation, with the attitude of many Māori towards it "suspicious, uneasy, doubtful or undecided". Many Māori were concerned that the proposal would relegate the treaty to a lesser position, and enable the electorate (who under the original Bill of Rights would be able to repeal certain sections by referendum) to remove the treaty from the Bill of Rights altogether. Geoffrey Palmer commented in 2013 that:
How many women signed the Treaty of Waitangi?
Around 530 to 540 Māori, at least 13 of them women, signed the Māori language version of the Treaty of Waitangi, despite some Māori leaders cautioning against it. Only 39 signed the English version. An immediate result of the treaty was that Queen Victoria 's government gained the sole right to purchase land.
What is the Waitangi sheet?
Context. Treaty to establish a British Governor of New Zealand, consider Māori ownership of their lands and other properties, and give Māori the rights of British subjects. Drafted.
Who translated the Treaty of Waitangi?
The treaty was drafted in English and then translated into Māori by missionary Henry Williams and his son Edward. It was presented to around 500 Māori at Waitangi on 5 February 1840 and there was much debate. The next day, 6 February, more than 40 chiefs signed the treaty. Copies of the treaty were taken around the country, and many more chiefs signed. Most signed a Māori-language version.
What was the purpose of the Te Tiriti o Waitangi Treaty?
Te Tiriti o Waitangi, New Zealand’s founding document, was meant to be a partnership between Māori and the British Crown. Although it was intended to create unity , different understandings of the treaty, and breaches of it, have caused conflict. From the 1970s the general public gradually came to know more about the treaty, and efforts to honour the treaty and its principles expanded.
What was the Waitangi Tribunal?
The Treaty of Waitangi Act 1975 established the Waitangi Tribunal to consider claims that the government had breached the treaty, and make recommendations to the government. The principles of the treaty – a partnership between the government and Māori – began to be mentioned in other New Zealand law, and knowledge about the treaty became more widespread. However, resolution of grievances under the treaty remained an ongoing process.
When was Te Tiriti o Waitangi made?
Te Tiriti o Waitangi was a written agreement made in 1840 between the British Crown (the monarch) and more than 500 Māori chiefs. After that, New Zealand became a colony of Britain and Māori became British subjects. However, Māori and Europeans had different understandings and expectations of the treaty.
What did the treaty say?
The meaning of the English version was not exactly the same as the meaning of the Māori translation.
History of the Treaty
The Treaty of Waitangi is often considered to be the founding document for European ( Pākehā) settlement in New Zealand.
Early settlements
In the 1920s, land commissions investigated the grievances of iwi whose land had been confiscated or otherwise fraudulently obtained in the previous century, and many were found to be valid. By the 1940s, settlements in the form of modest annual payments had been arranged with some iwi.
The Waitangi Tribunal
During the late 1960s and 1970s the Treaty of Waitangi became the focus of a strong Māori protest movement which rallied around calls for the government to 'honour the treaty' and to 'redress treaty grievances'.
Settlements of the 1990s
While early Tribunal recommendations mainly concerned a contemporary issue that could be revised or rectified by the government at the time, historical settlements raised more complex issues. The Office of Treaty Settlements was established in the Ministry of Justice to develop government policy on historical claims.
Settlements of the 2000s
The process of negotiating historical claims continued after the 1999 election and the subsequent change in government without radical change to government policy. The models developed for the early settlements remain a strong influence. The first Labour Minister of Treaty Negotiations was Margaret Wilson.
Criticisms
The Treaty settlement process has attracted criticisms from across the political spectrum since it began. As noted above, Māori were concerned that the level of redress provided was too low, and that the settlement process was subject to too much Crown control.
Further reading
Graham, Douglas (1997). Trick or Treaty?. Wellington: Institute for Governance and Policy Studies at Victoria University of Wellington. ISBN 0-908935-24-2
When was the Waitangi Tribunal established?
The Waitangi Tribunal was set up in 1975 to hear Māori claims regarding contemporary Crown breaches of the treaty. In 1985 the powers of the tribunal were extended to hearing claims relating to events as far back as 1840. In 1989 a Treaty of Waitangi unit was set up in the Department of Justice to advise the government on treaty policy.
What is the Waitangi Tribunal's report on the Crown's Foreshore and Seabed Policy?
The Waitangi Tribunal, in its report on the Crown’s Foreshore and Seabed Policy, found: ‘Where the Crown has acted in breach of the principles of the Treaty, and Māori have suffered prejudice as a result, we consider that the Crown has a clear duty to set matters right.
What are Treaty settlements and why are they needed?
The 1840 Treaty of Waitangi was meant to be a partnership between Māori and the British Crown. Māori were promised possession of their lands, forests and fisheries for as long as they wished. Governments breached (broke the terms of the Treaty) almost from the time it was signed. Iwi lost many resources through:
How many settlements have been passed into law?
As of August 2018, 73 settlements had been passed into law.
Why are treaties made reference to the Crown?
Treaty settlements make reference to the Crown and not just the New Zealand government because it was with the Crown that Māori signed the treaty. Aotearoa New Zealand governments conduct negotiations on behalf of the Crown, which in 1840 meant the British state and today signifies the realm within which Queen Elizabeth II reigns as Queen ...
The Red Book
The Red Book — ‘Ka tika ā muri, ka tika ā mua — Healing the past, building a future’ — is a guide to Treaty of Waitangi claims and negotiations with the Crown.
Parihaka and the Crown – healing the past
The Crown and the Parihaka community have been working together to reconcile their relationship and support Parihaka to achieve its aspirations.
Quarterly reports
Find past quarterly reports for the Office of Treaty Settlements here.
Treaty settlements negotiations - natural resources redress
The Government has developed guidelines to help when looking at iwi claims around natural resources, harbours and areas of the coast as part of the historical Treaty of Waitangi negotiations.
Find a Treaty settlement
Find details of historic Treaty settlements, including PDFs of settlement documents.
What is the Treaty of Waitangi?
They also advise and help claimant groups so they're ready to enter negotiations. The Treaty of Waitangi: (a) has the status of an Act of Parliament. (b) is an Act of Parliament which has a higher legal status than other Acts of Parliament.
What is the Waitangi Amendment Act?
a) extended the jurisdiction of the Waitangi Tribunal to include claims about breaches which occurred after the signing of the Treaty in 1840 and before 1870. b) gave the Tribunal the power to make binding recommendations in every case for the settlement of Treaty claims.
What is the significance of Waitangi Day?
b) What is commemorated on Waitangi Day is the signing of the Treaty by Hobson on behalf of the British Crown and the chiefs of what was known as the Southern Confederation of Tribes. (a) If the Waitangi Tribunal believes a claim to be well founded it may.
What is the defining moment in New Zealand history?
c) In law, the defining moment in modern New Zealand history is Captain Cook's discovery of New Zealand in 1769.
When did New Zealand settle?
Modern New Zealand is the result of two major forms of settlement: a) the Māori settlements from the Pacific from 1200 AD onwards and the colonisation and settlement of New Zealand by Europeans, chiefly from Britain, in the 19th and 20th centuries. b) the Māori settlements from the Pacific from 600 AD onwards and the colonisation and settlement ...
Why is WAI 262 important?
The WAI 262 Report is important for business in New Zealand because: (a) It recommends that the Crown take steps to protect the intellectual property of the Māori people in their culture and identity. (b) It states that Māori, as the indigenous inhabitants of New Zealand, own all natural sources of freshwater.
Overview
Early history
The first contact between the Māori and Europeans was in 1642, when Dutch explorer Abel Tasman arrived and was fought off, and again in 1769 when the English navigator Captain James Cook claimed New Zealand for Britain at the Mercury Islands. Nevertheless, the British government showed little interest in following up this claim for over half a century. The first mention of New Zealan…
Drafting and translating the treaty
Without a draft document prepared by lawyers or Colonial Office officials, Hobson was forced to write his own treaty with the help of his secretary, James Freeman, and British Resident James Busby, neither of whom was a lawyer. Historian Paul Moon believes certain articles of the treaty resemble the Treaty of Utrecht (1713), the British Sherbro Agreement (1825) and the treaty between Bri…
Debate and signing
Overnight on the 4–5 February the original English version of the treaty was translated into Māori. On the morning of 5 February the Māori and English versions of the treaty were put before a gathering (hui) of northern chiefs inside a large marquee on the lawn in front of Busby's house at Waitangi. Hobson read the treaty aloud in English and Williams read the Māori translation and explain…
Extant copies
In 1841, Treaty documents, housed in an iron box, narrowly escaped damage when the government offices at Official Bay in Auckland were destroyed by fire. They disappeared from sight until 1865 when a Native Department officer worked on them in Wellington at the request of parliament and produced an erroneous list of signatories. The papers were fastened together and then dep…
Treaty text, meaning and interpretation
The treaty itself is short, consisting of a preamble and three articles.
The English text (from which the Māori text is translated) starts with the preamble and presents Queen Victoria "being desirous to establish a settled form of Civil Government", and invites Māori chiefs to concur in the following articles. The first article of the English text grants the Queen of England "absolu…
Role in New Zealand society
In November 1840 a royal charter was signed by Queen Victoria, establishing New Zealand as a Crown colony separate from New South Wales from 3 May 1841. In 1846 the Parliament of the United Kingdom passed the New Zealand Constitution Act 1846 which granted self-government to the colony, requiring Māori to pass an English-language test to be able to participate in the new col…
Waitangi Tribunal claims
During the early 1990s, the government began to negotiate settlements of historical (pre-1992) claims. As of September 2008 , there were 23 such settlements of various sizes, totalling approximately $950 million. Settlements generally include financial redress, a formal Crown apology for breaches of the treaty, and recognition of the group's cultural associations with various sites. The tribunal has, in some cases, established that the claimants had not given up s…
What Is Te Tiriti O Waitangi?
Drafting and Signing The Treaty
- The treaty was drafted in English and then translated into Māori by missionary Henry Williams and his son Edward. It was presented to around 500 Māori at Waitangi on 5 February 1840 and there was much debate. The next day, 6 February, more than 40 chiefs signed the treaty. Copies of the treaty were taken around the country, and many more chiefs signed. Most signed a Māori-langu…
What Did The Treaty Say?
- The meaning of the English version was not exactly the same as the meaning of the Māori translation. Article One: in Māori it gave Queen Victoria governance over the land, while in English it gave her sovereignty over the land, which is a stronger term. Article Two: Te Tiriti guaranteed chiefs ‘te tino rangatiratanga’ – chieftainship over their lands, villages and treasured things. It als…
The Treaty in The 19th Century
- Even though not all chiefs signed the treaty, the British government decided it placed all Māori under British authority. It did not take long for conflicts to arise between Māori and European settlers who wanted more land. The government often ignored the protections the treaty was supposed to give Māori. In 1858 some Māori tribes chose Waikato chief Te Wherowhero as the f…
Māori Responses to The Treaty
- Many Māori doubted the government would keep its obligations under the treaty. In the late 19th century Māori held many meetings to debate treaty issues. Between 1882 and 1924 four groups of Māori travelled to England to petition the British monarch and government to ask for treaty rights to be observed. In the 1880s the King movement set up their own parliament, the Kauhang…
The Treaty in The 20th Century
- In the 20th century Māori land continued to be sold, and was sometimes taken by the government for public works (as it had been from the 1860s). In the early 20th century leaders such as Apirana Ngata introduced schemes to develop Māori land and the government began to support Māori farming ventures. Some fishing rights were acknowledged by the government in the 1920s. In 1…