Preview

Treaty of Waitangi

Good Essays
Open Document
Open Document
6371 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Treaty of Waitangi
The Treaty of Waitangi (Māori: Tiriti o Waitangi) is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand.

The Treaty established a British Governor of New Zealand, recognised Māori ownership of their lands and other properties, and gave the Māori the rights of British subjects. The English and Māori versions of the Treaty differed significantly, so there is no consensus as to exactly what was agreed to. From the British point of view, the Treaty gave Britain sovereignty over New Zealand, and gave the Governor the right to govern the country. Māori believed they ceded to the Crown a right of governance in return for protection, without giving up their authority to manage their own affairs.[1] After the initial signing at Waitangi, copies of the Treaty were taken around New Zealand and over the following months many other chiefs signed. In total there are nine copies of the Treaty of Waitangi including the original signed on 6 February 1840.[2] Around 500 chiefs, including at least 13 females, signed the Treaty of Waitangi.[3]

Until the 1970s, the Treaty was generally ignored by both the courts and parliament, although it was usually depicted in New Zealand history as a generous act on the part of the Crown.[4] From at least the 1860s, Māori have looked to the Treaty for rights and remedies for land loss and unequal treatment by the state, with little success. From the late 1960s Māori began drawing attention to breaches of the Treaty, and subsequent histories have emphasised problems with its translation.[5] In 1975 the Waitangi Tribunal was established as a permanent commission of inquiry tasked with researching breaches of the Treaty by the Crown or its agents, and suggesting means of redress.

Today it is generally considered the founding document of New Zealand as a nation. Despite this, the Treaty is often the subject of heated debate. Many Māori feel that the

You May Also Find These Documents Helpful

  • Good Essays

    “If you sign this treaty, you’re not going to ever have to work or hunt again; we’ll take care of you.' Everything will be provided. Every year you’ll get so much money to buy your needs, your pots and pans, but we’ll also have food coming in every month, or once a year for you. The other alternative is: 'We’re going to drive you all the way to the Rocky Mountains where you’re going to starve to death and we’ll never have to worry about you again.” Those were exactly the conditions Indians have to agree with by signing the…

    • 624 Words
    • 3 Pages
    Good Essays
  • Good Essays

    With the 1990 Meech Lake Accord resulting in failure, succeeding it was the Charlottetown Accord in 1992. While primarily focusing on the Issues of Quebec at the time it did also address “the issue of Aboriginal self-government but provided for a waiting period of three years before the concept would be recognized in law. It also dealt with aboriginal representation in Parliament (Gall).” Through a total of five rounds of constitutional politics, the First Nations peoples were managing to achieve some recognition of their right to govern by consent (Russell 169, “Constitutional Odyssey”). However, the process was far from easy, it has been thus far, far from easy. During the Charlotte Accords was no exception, “reaching an accord with [First…

    • 537 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Mabo V State

    • 1155 Words
    • 5 Pages

    Mabo and others v State of Queensland (No.2 (1992) HCA 23, is arguably one of the most famous native title claims in Australian history. This case was the first in Australian history to successfully overturn Terra Nullius and essentially led to the creation of the Native Title Act 1993 (Cth) (‘The Act’). Terra nullius means land belonging to no one or land that has never been subject to sovereignty of any state and is a part of International Law. The majority of Indigenous People view terra nullius in a negative way, as this term had been used as a means for justifying invasion or takeovers of traditional land. The result of terra –nullius on ATSI (Aboriginal and Torres Straight Islanders) meant that they have suffered countless wrong doings and injustice towards them.…

    • 1155 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Here it frankly states the true reason behind the Reciprocity Treaty. They weren’t trying to help Hawaii in anyway. They made this treaty to boost the economy in the U.S. And the Hawaiian people bought it at first, only seeing it for what the United States deceived them into seeing. The Hawaiian government just trusted the “good faith” of America to honour the sovereignty they thought they had established…

    • 1877 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    King David Kalakaua Essay

    • 1514 Words
    • 7 Pages

    In the1887 a legal document was drawn up by anti-monarchists a which would strip the Hawaiian authority from its monarchy and transfer the power to the Euro/American and native Hawaiian elites. It earned the nickname of the “Bayonet Constitution” because of the manipulation and intimidation that was used to force the King to sign it, by doing so his personal authority was denied and the legislature and cabinet of the government were…

    • 1514 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The treaty was not ratified by a full tribe, being that only a small portion of the Cherokees attended the meeting at New Echota, where Schermerhorn arranged to present the treaty. The Cherokees felt cheated and “tried to block the treaty’s approval in Congress”(Takaki 76). They protested and petitioned against the treaty only to be suppressed by military forces.…

    • 2363 Words
    • 10 Pages
    Good Essays
  • Good Essays

    “BECAUSE it is proposed by said treaty to confiscate said property, technically called the crown lands, those legally entitled thereto, either now or in succession, receiving no consideration whatever for estates, their title to which has been always undisputed, and which is legitimately in my name at this date.” In this quotation from the letter written from Queen Liliuokalani to the president of the United States, Pres. McKinney, in 1897, states that the islands of Hawaii, also known as the crown lands, are still legally entitled to her. That she is the rightful ruler and that the title of queen is still hers. The counter claim to this, however, is that even though Queen Liliuokalani did inherit the throne of Hawaii in 1891, the Americans, if they have the power to do so, can still take the Hawaiians Independence from them.…

    • 634 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    One of the earliest instances of Canadian aboriginals having a voice in politics was seen in July 1817. Five Saulteaux and Cree chiefs signed a treaty with Lord Selkirk to provide an area for settlement purposes. This area was to include “a strip of land two miles wide on each side of the Red and Assiniboine rivers”. This would mean that the treaty would start at city of Winnipeg and extend up the Red River to the city of Grand Forks North Dakota. Plots of land also “six miles in each direction from Fort Douglas, Fort Daer, and Grand Forks were also included”. In exchange for the land, each tribe was to receive annual payments of 100 lbs of tobacco. This land treaty was the first to be signed in western Canada. This would be the stepping stone for the Canadian government to seek treaties with the aboriginal people. The aboriginal political voice was also largely seen with treaty negotiations during the European colonization of the Canadian aboriginals. A series of eleven treaties were signed from 1871 to 1921, and it is a well known sentiment among Canadians that the signing of treaties was seen as an unfair process from an aboriginal standpoint and was destined to be advantageous to the Government of Canada. The purpose of the treaties was to secure land from the Aboriginals, the land was to be used for agricultural, industrial purposes as well as settlement for Europeans and non…

    • 2478 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    On the issue of the amended Bill c 45 this bill had gotten the attention to natives across Canada because it was directly affecting the environment and infringing upon aboriginal treaty rights.The treaties are protected by the Crown under the Royal Proclamation of 1763 , this proclamation states that the First Nations in Canada held title to their land, it was written that no one shall use or sell this land except by the first nations for whom the treaty was made.…

    • 254 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Treaties were important documents that provided rights, directions, and rules that applied to a certain group of people. Many treaties were made to deal with the Indian nation. Indians were treated very poorly in the mid 1800s into the 1900s. Two treaties in this time period had to do with the Chippewa Indians and the Lakota Indians. The two treaties were put together and enforced in different ways and the U.S. manipulated these treaties to benefit themselves.…

    • 325 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The land of the aborigines was robbed and exploited leaving them with nothing when the British arrived in the 1770. This all however began to be extinguished in 1966 with the beginning of the Aborigine land rights movement. Eddie Mabo/ the land rights movement played a substantially influential role in pushing exceedingly for the native title rights for the indigenous people and played a key role in the Native Title Act which extinguished terra nullius and acknowledged the land of the Indigenous people of Australia. This was consequently brought upon the people of Australia firstly by the Gurinhji strike, secondly by the Eddie Mabo case and lastly by the Wik case. These movements were intended to change the racial inequality in land rights…

    • 947 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Treaty of Paris

    • 288 Words
    • 2 Pages

    The Treaty of Paris of 1763 was a treaty that officially ended the French and Indian War. This treaty was signed on February 10, 1763 by England, France, and Spain. The French and Indian War was a more wide European conflict in which England and Prussia went against France, Austria, Russia and Spain. The major cause of the war was the struggle for territorial expansion among the land west of the Appalachian Mountains, know then as the Ohio Territory.This war was also known as the Seven Years War and The Treaty of Paris concluded it. During the Treaty of Paris in 1763, France lost Canada and all claims to the territory east of the Mississippi to Great Britain, but gained back Martinique and Guadeloupe. Meanwhile Spain with the desire to recover Cuba, which Britain had taken from them gave up Florida in exchange. To recompense its ally France gave all of Louisiana west of the Mississippi and New Orleans to Spain, but with these being the only exceptions, England now had the whole land of North America east of the Mississippi in its power. The majority of Spanish and African occupants of Florida left and established somewhere else in parts of the Spanish empire, but all French settlers maintained occupying Canada, the Illinois country, and Spanish Louisiana. Over all the triumph, on the race for the most power, was for England. As understood the British colonies were experiencing great happiness at this point because the warfare seemed over at last. For them this meant that the colonies could now develop their extensive resources in an imperial partnership and share their never before experienced prosperity. However, this treaty was only going to begin to tear the colonies and the mother country…

    • 288 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Native Title Analysis

    • 1412 Words
    • 6 Pages

    This process has displayed the development of innovative ways, theories and principles, as well as the termination of the doctrine of ‘terra nullius’, creating justice for ATSI peoples past, present, and future. Native title is a legal right on ATSI communities to use land and live on the land which they have an ongoing connection with. Native title was a problem as it was extremely difficult to determine whether Australia was ‘land belonging to no one’. The Indigenous had to prove they had traditional connections with the land. Law reform was brought about to the ‘terra nullius’ claim by Aboriginal advocates who challenged Australian sovereignty on the terms that ‘terra nullius’ was incorrectly applied. The Native Title Act 1993 and the Native Title Amendment 1998 are the mechanisms that have been put into action. The Native Title Act 1993 came about due to the Mabo cases, and the Native Title Amendment 1998 by the Wik case. When Australia was stated as ‘terra nullius’ ATSI peoples were impacted significantly, they lost all rights they had to their land. It was unjust considering they were the traditional owners of the land. The doctrine of ‘terra nullius’ suggested that Indigenous Australians did not exist as citizens. Law reform began to take place in the Gove Land Right case. The Department of Aboriginal Affairs was founded by the Australian Labour Party in 1972 after the unsuccessful case of the Gove Land Rights. Later a royal commission into land rights was founded and successfully made the Aboriginal Land Rights Act 1976. This is effective law reform as it was the first legislation in Australia to found a land claim process in which traditional owners could claim their land. Within the Mabo cases, the Queensland government enacted the Queensland Coast Islands Declaratory Act 1985.…

    • 1412 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Moreover, the treaty was set in place to ensure that the land remained the land of our tribes. We agreed to share the land amongst our new brothers, so long as the land was to be taken care of. It has recently come to our attention that the treaty has been violated. The upkeep of the land and waters has been neglected. Due to the lack of respect towards the lands and waters of our people, we have sought a reinstatement of our rights over the land. We ask for these rights to be restored so that we may take the actions necessary to restore the land and prevent the damages from posing larger environmental threats down the line. It should be noted that our land rights have been recognized within 3 prior treaties during 1784, 1789, and 1794. We have asked the state of New York to hear our case and have been denied our right to take actions to court. Therefore, we feel that we have been denied justice under bogus terms…

    • 475 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The legal fiction upon which Australia was founded refers to the British doctrine, “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded, even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the widely known Mabo Case. In May 1982, Eddie Mabo and four other plaintiffs of the Murray Islands pursued confirmation of their traditional land rights in the High Court of Australia. Their claim had been that Murray Island (Mer) had been previously inhabited and had been possessed by the Meriam people with their own social and political organisations. After 10 years and the death of Mabo, on June 3 1992, the High Court ruled that the lands of Australia were not terra nullius when European settlement occurred and the Meriam people were entitled to the lands of Murray Island. Then in December 1993, the Native Title Act was produced as part of the Commonwealth’s response to the High Court’s decision to protect the native lands of Aboriginals. The legal fiction has therefore had a major impact on Australia’s legal history with the introduction of the Native Title Act where the Aboriginal and Torres Strait Islanders were compensated for the dispossession of their lands.…

    • 2019 Words
    • 9 Pages
    Powerful Essays