What is the Treaty Of Waitangi?
The Treaty of Waitangi is New Zealand’s founding document. It takes its name from the place in the Bay of Islands where it was first signed in 1840 and was an agreement between the British Crown and a large number of Māori chiefs approximately 500.
Today the Treaty is widely accepted to be a constitutional document that establishes and guides the relationship between the Crown in New Zealand and Maori.
The Treaty promised to protect Maori culture and to enable Maori to continue to live in New Zealand as Maori.
At the same time, the Treaty gave the Crown the right to govern New Zealand and to represent the interests of all New Zealanders.
While the Treaty is widely seen as a constitutional document, its status in New Zealand law is less than settled. At the moment, Treaty rights can only be enforced in a court of law when a statute or an Act explicitly refers to the Treaty.
Why is the Treaty Of Waitangi important in New Zealand history?
The Treaty governs the relationship between Māori and everyone else and ensures the rights of both Māori and Pakeha are protected. It does that by:
- accepting that Māori Tribes have the right to organise themselves, protect their way of life, and control the resources they own
- requiring the Government to act reasonably and in good faith toward Māori
- making the Government responsible for helping to address grievances
- establishing equality and the principle that all New Zealanders are equal under the law.
Extra Facts:
Treaty in action:
The Treaty of Waitangi is New Zealand’s founding document.
The principles of the Treaty are referred to in several Acts of Parliament. It is an important part of the New Zealand education system and how New Zealanders work.
Applying the Treaty influences life in New Zealand in many ways.
Parliament
Māori representation in Parliament is guaranteed with reserved seats – currently, there are seven. Many Māori is also Members of Parliament via ‘general’ electorates.
Waitangi Tribunal
There is a Waitangi Tribunal that researches and makes legal decisions on cases where Māori land and other resources were taken illegally or unfairly in the past. Quite often this results in large settlements for iwi, including cash and land.
Many iwis are putting these settlements to good use building major commercial enterprises – often becoming important employers in the process.
Some Waitangi Tribunal settlements do not only benefit Māori. For example, a lot of work has been done to restore Auckland’s western harbour from waste and sewage despoliation after Māori living in the area lodged what is known as the Manukau claim.