In recent discussions surrounding Māori rights and the Treaty of Waitangi, it’s crucial to separate reality from myth.
The narrative surrounding Māori claims, particularly in terms of sovereignty, partnership, and historical grievances, is often shaped by misunderstanding and misrepresentation. The truth, however, lies in examining the Treaty as it was signed in 1840, understanding the legal context of Māori claims, and rejecting the notion of separatism in favour of a unified New Zealand.
1. The Sense of Entitlement: Freshwater, Air, Land, and the Foreshore & Seabed
Many Māori claims center around the ownership of natural resources, including freshwater, air, unoccupied land, and the foreshore and seabed. Under English Common Law, these resources have historically been managed and regulated by the Crown or its democratically elected officers. It’s important to recognize that these rights are not exclusively Māori but are shared by all New Zealanders.
2. The Myth of Indigenous Status
Contrary to popular belief, Māori are not the original nor an indigenous people of New Zealand. Evidence concludes that Māori themselves arrived in New Zealand in small waves, displacing earlier inhabitants. Additionally, the concept of a Māori "race" as we understand it today is flawed. International definitions of "indigenous" and "native" do not align with the historical reality of Māori settlement in New Zealand.
3. Ethnicity and Race: Who Really Qualifies as Māori?
The concept of Māori ethnicity has evolved. Few (if any) New Zealanders can claim more than 50% Māori ancestry, and by international standards, the concept of a distinct Māori race is ludicrous and dubious. Furthermore, the 1974 definition of Māori under the Māori Purposes Act, while still in use, is a legal fiction (construct) rather than a reflection of true ethnic identity.
4. The One True Treaty: Māori Language Version vs. English Version
It’s important to clarify that the Māori language version of the Treaty of Waitangi, signed on February 6, 1840, is the only legitimate version. The English Freeman version , often cited as an official version, is an imperfect draft - in short, a fraud. Governor William Hobson’s proclamation of British sovereignty over New Zealand on May 21, 1840, was grounded in the Māori text and recognized by the signatories at the time. The Littlewood draft incontrovertibly is the final English draft.
5. Te Reo Māori: Language and Identity
While Te Reo Māori is an important part of New Zealand's cultural heritage, it is not spoken by any other peoples worldwide and is not the "original" traditional Māori language as recorded in their dictionaries and documented by early European settlers and missionaries.
For New Zealand as a nation to function cohesively, English must remain the de facto official language, with Te Reo recognized as a minor cultural component.
6. Sovereignty Was Always Ceded
Māori chiefs who signed the Treaty of Waitangi clearly did so with an understanding that they were ceding sovereignty to the British Crown. This was reaffirmed at the Kohimarama Conference in 1860 and through the speeches of Sir Apirana Ngata in the 1920s 1930s and 1940s. British sovereignty over New Zealand was formally proclaimed on 21 May1840, and no separate Māori sovereignty was envisioned at the time.
7. No "Partnership," No "Principles" in the Treaty
The idea of a "partnership" between Māori and the Crown, as advanced by legal scholars and political activists, is not rooted in the Treaty itself. Nowhere in the Treaty is there mention of partnership or principles that would separate Māori from the rest of New Zealand society. Any claim to "separatism" in the Treaty is a modern invention.
8. The Myth of Māori Customary Law (Tikanga Māori)
The idea that Māori have a separate customary legal system is not supported by historical evidence. Modern Māori law, as articulated in the 2011 (MACA) Marine and Coastal Area Act (as regards Māori Customary Title) has been manipulated to benefit specific political and economic interests. This needs to be repealed, and the Foreshore and Seabed Act of 2004 must be reinstated immediately .
9. Reassessing the Role of Māori in Government
The current system of Māori parliamentary seats and the power of the Waitangi Tribunal has created divisions within New Zealand. The Waitangi Tribunal has been discredited due to its bias, and the Māori seats in Parliament are an outdated and unnecessary practice. We must embrace a democratic system that treats all New Zealanders equally, without special representation based on ethnicity.
10. National Identity and the Flag
New Zealand’s flag, adopted in 1902, is the Blue Ensign with the Union Jack and four red stars, which represents our nation’s ties to Britain and its unique place in the Pacific. The push for the fairytale name Aotearoa to replace New Zealand as the country’s name is a modern invention with no historical basis. The name "New Zealand" must remain as our legal and official title.
Conclusion: A Unified Nation
New Zealand is a sovereign nation, and it should be proud of its history and the diversity of its people. We must reject divisive ideologies that seek to separate us into different ethnic or political groups. Instead, let’s embrace the unity that makes New Zealand unique and celebrate our shared identity.
Key Quotes for Reflection
Thomas Sowell: opines "empathetic judges should not act as politicians. They should not allow their political beliefs or sympathies to influence their rulings."
Bernard Shaw: "Never forget: if you leave your law to judges and your religion to bishops, you will presently find yourself without either law or religion."
Rob Paterson is a retired lawyer, who lives in Tauranga.
Many Māori claims center around the ownership of natural resources, including freshwater, air, unoccupied land, and the foreshore and seabed. Under English Common Law, these resources have historically been managed and regulated by the Crown or its democratically elected officers. It’s important to recognize that these rights are not exclusively Māori but are shared by all New Zealanders.
2. The Myth of Indigenous Status
Contrary to popular belief, Māori are not the original nor an indigenous people of New Zealand. Evidence concludes that Māori themselves arrived in New Zealand in small waves, displacing earlier inhabitants. Additionally, the concept of a Māori "race" as we understand it today is flawed. International definitions of "indigenous" and "native" do not align with the historical reality of Māori settlement in New Zealand.
3. Ethnicity and Race: Who Really Qualifies as Māori?
The concept of Māori ethnicity has evolved. Few (if any) New Zealanders can claim more than 50% Māori ancestry, and by international standards, the concept of a distinct Māori race is ludicrous and dubious. Furthermore, the 1974 definition of Māori under the Māori Purposes Act, while still in use, is a legal fiction (construct) rather than a reflection of true ethnic identity.
4. The One True Treaty: Māori Language Version vs. English Version
It’s important to clarify that the Māori language version of the Treaty of Waitangi, signed on February 6, 1840, is the only legitimate version. The English Freeman version , often cited as an official version, is an imperfect draft - in short, a fraud. Governor William Hobson’s proclamation of British sovereignty over New Zealand on May 21, 1840, was grounded in the Māori text and recognized by the signatories at the time. The Littlewood draft incontrovertibly is the final English draft.
5. Te Reo Māori: Language and Identity
While Te Reo Māori is an important part of New Zealand's cultural heritage, it is not spoken by any other peoples worldwide and is not the "original" traditional Māori language as recorded in their dictionaries and documented by early European settlers and missionaries.
For New Zealand as a nation to function cohesively, English must remain the de facto official language, with Te Reo recognized as a minor cultural component.
6. Sovereignty Was Always Ceded
Māori chiefs who signed the Treaty of Waitangi clearly did so with an understanding that they were ceding sovereignty to the British Crown. This was reaffirmed at the Kohimarama Conference in 1860 and through the speeches of Sir Apirana Ngata in the 1920s 1930s and 1940s. British sovereignty over New Zealand was formally proclaimed on 21 May1840, and no separate Māori sovereignty was envisioned at the time.
7. No "Partnership," No "Principles" in the Treaty
The idea of a "partnership" between Māori and the Crown, as advanced by legal scholars and political activists, is not rooted in the Treaty itself. Nowhere in the Treaty is there mention of partnership or principles that would separate Māori from the rest of New Zealand society. Any claim to "separatism" in the Treaty is a modern invention.
8. The Myth of Māori Customary Law (Tikanga Māori)
The idea that Māori have a separate customary legal system is not supported by historical evidence. Modern Māori law, as articulated in the 2011 (MACA) Marine and Coastal Area Act (as regards Māori Customary Title) has been manipulated to benefit specific political and economic interests. This needs to be repealed, and the Foreshore and Seabed Act of 2004 must be reinstated immediately .
9. Reassessing the Role of Māori in Government
The current system of Māori parliamentary seats and the power of the Waitangi Tribunal has created divisions within New Zealand. The Waitangi Tribunal has been discredited due to its bias, and the Māori seats in Parliament are an outdated and unnecessary practice. We must embrace a democratic system that treats all New Zealanders equally, without special representation based on ethnicity.
10. National Identity and the Flag
New Zealand’s flag, adopted in 1902, is the Blue Ensign with the Union Jack and four red stars, which represents our nation’s ties to Britain and its unique place in the Pacific. The push for the fairytale name Aotearoa to replace New Zealand as the country’s name is a modern invention with no historical basis. The name "New Zealand" must remain as our legal and official title.
Conclusion: A Unified Nation
New Zealand is a sovereign nation, and it should be proud of its history and the diversity of its people. We must reject divisive ideologies that seek to separate us into different ethnic or political groups. Instead, let’s embrace the unity that makes New Zealand unique and celebrate our shared identity.
Key Quotes for Reflection
Thomas Sowell: opines "empathetic judges should not act as politicians. They should not allow their political beliefs or sympathies to influence their rulings."
Bernard Shaw: "Never forget: if you leave your law to judges and your religion to bishops, you will presently find yourself without either law or religion."
Rob Paterson is a retired lawyer, who lives in Tauranga.
No comments:
Post a Comment