Gerrard Eckhoff: Them or Us

The Treaty of Waitangi is possibly / probably more contentious today than it was 184 years ago . Some call the Treaty of Waitangi a simple agreement between many peoples.  Others refer to it as Articles of Association to achieve a common cause.   It has been referred to as a contract between Maori and the Queen of England or as a promissory  pact  between the Queens representatives and a diverse grouping of Maori chiefs. What it was definitely is not - is a constitution for or of the country. 

A treaty is defined in literature as a contract in writing between two or more political authorities such as states or sovereigns, formally signed by representatives duly authorized and usually ratified by the law making authority of the state. These days we  appear to be not allowed to discuss /  debate what the treaty actually means in today’s world.

Questions arise therefore as to why a treaty was needed between Maori and settlers. In 1840 a disparate gathering of Chiefs met at a place called Waitangi.  Some of the more powerful chiefs  feared for their loss of mana if they signed and called for  Governor Hobson to leave; other smaller tribes sought protection from the larger tribes by readily accepting the terms and conditions of what we now call the Treaty of Waitangi. A famous Ngapuhi chief of the time, Tamati Waka  Nene called on Governor Hobson to stay and preserve Maori  customs but most  importantly, protect the weaker tribes  from being enslaved by the more powerful .  The killing, the slavery the cannibalism had to end. Reason enough for the signing of the Treaty. The document we call the Treaty of Waitangi crucially served its purpose- that of ensuring sovereignty over New Zealand by Britain.   Without the signing of the Treaty, the country would have been lawless, or even worse – French. Little is ever discussed about the intent of one Baron de Theirry who in 1837 announced he intended to claim French sovereignty over New Zealand. Real or imagined the threat caused one James Busby to call a meeting and hopefully sign a hastily worded document - the Treaty of Waitangi . The question however does  arise -did Maori fully understand what their chiefs signed. Was sovereignty explained  and understood in its entirety with implications  reaching  far into the future. The answer is very unlikely.  

Meantime the New Zealand Company settlers at Port  Nicholson (Wellington ) had already formed a” Government” and appointed magistrates  who were making laws just three months after the signing of the Treaty . Governor Hobson quickly issued a proclamation establishing sovereignty over all of New Zealand in May of 1840.  We should all  be eternally grateful that through colonisation came the opportunity to end perpetual conflict and  invoke the rule of law albeit 3 months after the Treaty was signed.                                                                                                                                                                 

Surveyors, cadastral maps and the Torrens system of land transfer didn’t exist within Maoridom which is probably why so many battles were fought between the tribes. There was a need for enforceable peace . Something of an oxymoron perhaps. 

Historians tell us that prior to the Treaty we have some missionaries to thank for supplying muskets to some tribes  around 1815 onwards who used them to good effect against those tribes who only had tradition weapons. No contest really. It is conservatively estimated that 20,000 Maori were killed by other more powerful tribes armed with muskets . Little wonder the average age expectancy  of Maori was 30.

 In 1835 the peoples of the Chatham Islands ( Morori ) were  very effectively colonized by  mainland Maori who enslaved the  survivors of the Maori invasion.  These unfortunate people were forbidden to speak their own dialect, marry or practise their own culture which all sounds very familiar when discussions around the colonization of New Zealand and beyond occur. 

Britain was the dominant power during the 19th century just as the ancient Egyptians , the Phoenicians, Greeks and Romans colonized their known world.  Like it or not the world was and is shaped by conquest . No partnership ever occurred between the colonizing force and the conquered. Nor did one occur in New Zealand.  Only 5 countries managed to escape colonization.  

The actual Treaty of Waitangi document appears to have lain dormant for many decades  which may well imply the Treaty had for the most part -  served its purpose. The rancour we face today did not exist as the document was being slowly eaten by moths in a  long forgotten draw -somewhere.  We now face the politics of resentment as the articles of the Treaty are constantly re interpreted to mean whatever any individual grouping  believes they mean.  

From academia to architecture, from industry to the arts, from medicine to the legislature, Maori who wished to do so, have excelled. The Treaty therefore in so many aspects has been a real success especially with the integration between the races. If Te Parti Maori and the Greens  had their way our differing worlds would be accentuated instead of being further integrated.  A them and us mentality would be further enhanced. Question; there are believed to be 700,000 Maori living in Australia. Are they in so called partnership with the NZ Government ?  

What then is the relevance of the Treaty of Waitangi  today  -especially given the freely debated and accepted settlements by Iwi  all over the country. It is foolish in the extreme to believe that power and authority can be obtained simply by demanding it with loud voices and threatening behaviour by a political minority.   It’s time to move on.

Gerry Eckhoff is a former councillor on the Otago Regional Council and MP.