Gary Judd KC: Taonga

Pre-European Māori did not read or write. They had a completely spoken language. One of the Treaty of Waitangi challenges is to ascertain the meaning of the words used in Te Tiriti, the document written in the Māori language signed at Waitangi on 6 February 1840 by both Governor William Hobson and about 45 chiefs most of whom were from the Bay of Islands and its immediate vicinity.

One of the words in Article 2 is “taonga.” The meanings given to it today, are variants of “anything highly prized.”

“Taonga” is therefore generally treated as applying to treasured possessions including elements of culture, both tangible and intangible…. [T]here will be indicators of status in waiata, in customary law, and in tribal histories.

Hille, Jones and Ward, Treaty Law Principles of the Treaty of Waitangi in Law and Practice, 2023, 6.5, p109.

There is good reason to think that taonga did not have this meaning in 1840.

In Atholl Anderson, Judith Binney & Sarah Harris, Tangata Whenua A History (2015), Anderson describes the communication difficulties during the early period of contact between Māori and European:

During those 50 or so years [from Cook’s first voyage in 1769], surprise and anxiety were common, as literate travellers with relatively sophisticated technology, on the one side, and neolithic communities with an oral tradition, on the other, struggled to understand each other. That phase came gradually to a close with a workable degree of mutual linguistic comprehension and widespread adoption by tangata whenua of new practices, technologies and perspectives.

Seminal in the development of mutual linguistic comprehension was A Grammar and Vocabulary of the Language of New Zealand, published in 1820 by the Church Missionary Society (CMS), in the circumstances I now describe.

Samuel Lee (1783–1852) was a linguist who became a professor at Cambridge University, first of Arabic and then of the Hebrew language. He was the author of a Hebrew grammar and lexicon, and of a translation from the Hebrew of the book of Job.

In 1820, CMS missionary to the Bay of Islands Thomas Kendall returned to England with Ngapuhi leader Hongi Hika and his nephew Waikato. The CMS’s Committee decided to take the opportunity presented by the presence of Hongi and Waikato of

“settling the orthography, and, as far as possible, of reducing the language itself of New Zealand to the rules of Grammar, with a view to the furtherance of the Mission send out to that country. For this end, Mr. Kendall was, with the Chiefs, sent to Cambridge, where he might have the opportunity of such retirement and assistance as would tend to advance the objects in question. After a residence there of about two months, the [manuscript] of the work now presented to the Public was, with such assistance as I could render, completed, and put to Press. The materials indeed had, for the most part, been previously collected in New Zealand, by Mr Kendall: they received at Cambridge some additions, with the arrangement in which they now appear.

This is taken from Professor Lee’s preface.

A Grammar and Vocabulary of the Language of New Zealand provides these relevant meanings for tao and taonga:

“Tao, s. A long spear: ….” “Taonga, s. Property procured by the spear, &c. (Page 207.) [ s is an abbreviation for substantive, meaning, having the nature or function of a noun.]

An earlier dialogue (page 120) is also instructive: Na! Kaua ra oki e anga atu, e ine ngaro atu ki to taonga o te tangata ke: Hearken! Thou shalt not desire another man’s goods.

About 20 years later William Williams wrote A Dictionary of the New Zealand Language and a Concise Grammar. William was the brother of Henry Williams who with the assistance of his son Edward produced Te Tiriti from the English document given to Henry by Governor Hobson. William Williams’ Dictionary was prepared in 1838 but not published until 1844, as Williams explained in the preface.

At page 128, Williams gives “Tao, s. A spear,” “Taonga, s. Property.” My search revealed 6 more references to “taonga,” at pages 4, 55, 66, 67, 78 and 159 in illustrations of the use of other translated words. All uses are consistent with taonga representing tangible property, and inconsistent with any wider meaning.

Williams’ 2nd ed, 1852, p 157 (6/18 in search results), has the same entry for Tao, but now has “Taonga, s. Property; treasure.” When “taonga” is searched, it is found in 17 other places, usually as part of a phrase illustrating the meaning of another word. For example, 1/18 is “Tukua ata ana taonga; Let his property go,” an illustration of the use of the pronoun ana, his. 18/18 is English to Māori for wealth.

All are examples of its use as tangible property in the normal use of the word “property.” This indicates that the “treasure” in the definition is also tangible property, with the usual meaning of wealth or riches stored or accumulated, especially in the form of precious metals and money.

None of the examples supports “treasured possessions including elements of culture, both tangible and intangible.” This Hille, Jones and Ward summary of what is found in case law and Waitangi Tribunal reports represents a transfer from the verb “treasure” to create a noun with a different meaning to the noun’s usual meaning. The relevant verbal use is “To hold or keep as precious; to cherish, prize” Oxford English Dictionary, verb meaning 4.

However, not all that is treasured is treasure, as shown by this OED example:


1911 A feather was left at each house and carefully treasured.

J. A. MacCulloch, Religion of Ancient Celts xiv. 221

In today’s academic/legal vernacular we therefore see not just failure to ascertain the meaning of taonga in 1840, but misuse of English as well. Moreover, the OED records, this usage of the verb “treasure” dates from 1907, 67 years after the Treaty was signed.

The 1820 Kendall, Hongi, Waikato, Lee ascription for taonga, “Property procured by the spear, &c,” refers to property the possession of which has been obtained by use of the spear or other weapons. That suggests taonga has a meaning in keeping with wenua (land) and kainga (place of abode) which are preceding words in Article 2 of the Treaty.

The Article 2 promise was in respect of land, abodes and other property.1

1 I am indebted to Bruce Mason, author of Both Versions of the Treaty of Waitangi A restorative interpretation of the Treaty of Waitangi, for drawing my attention to the sources available online which I have utilised in this discussion.

Gary Judd KC is a King's Counsel, former Chairman of ASB and Ports of Auckland and former member APEC Business Advisory Council. Gary blogs at Gary Judd KC Substack where this article was sourced.