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.
12 comments:
National and NZ First had the opportunity to back David Seymour’s bill or better still remove exclusive Māori rights from all legislation, but chose not to.
I think you will find the tow was drafted in English first then translated into Maori. How could it be otherwise?
It cannot be otherwise - The littlewood draft was translated into the Maori document - word for word.
Yes, the Treaty was drafted in English and then translated by the Willams. A back translation of the Maori text mirrors, apart from one word, the Littlewood draft. Unfortunately this will never be acknowledged because it would destroy the whole Treaty industry.
I have to concur with everything in the above post. How I wish that this coalition would use this to completely unpack the tissue of lies that has permeated into our Country's legislation - a concerted effort could do this and put NZ back on a realistic footing.
Excellent article, Rob.
As I have posted previously:-
It is way overdue to end ALL official recognition of race or ethnicity in ALL legislation in New Zealand.
With race/ethnicity no longer having official status, there would be:-
NO more race-based seats
NO race-specific party in Parliament.
NO more race-based wards in local government.
NO more census questions about ethnicity.
NO more co-governance.
NO more so called “Treaty” claims of unending victimhood.
NO separate Health Authority.
NO Waitangi Tribunal !
NO racial apartheid !
We would all be EQUAL !!
History tells us that no nation or society can survive while racist activists promote division and entitlement on the basis of race, (i.e. APARTHEID) and the only way to bring this to an end is by ceasing ALL official recognition of and status for race/ethnicity.
My understanding is that the Freeman version is a rather loose but elaborate back translation of the Maori (signed) treaty.
Paterson never said otherwise.
Incorrect. Here's the historical facts.
THE SO-CALLED "CERTIFIED COPY"- Martin Doutre
Even before the ink was dry on the Tiriti O Waitangi signed by the chiefs on February 6th 1840, James Stuart Freeman had manufactured one of his composite "Royal Style" treaty versions in English from the rough draft notes. This he despatched to Governor Sir George Gipps on the 8th of February aboard the store ship, Samuel Winter, which sailed on the midday tide. Freeman did the same two weeks later on the 21st of February, when he sent his (much vaunted by the modern grievance industry) "Certified Copy" to Gipps in a despatch carried aboard the Martha. In a letter section to Gipps placed at the tail end of the same piece of paper, Freeman made provision for Reverend Williams to "certify" the accuracy of his Maori translation, which was being sent in the same despatch. Here's Freeman's "Royal style" English text, which he created by taking bits and pieces from the early draft notes and stringing them together with linking text.
https://www.treatyofwaitangi.net.nz/CertifiedTreaty.html
This Summary very precisely lists all the truths of the matter and while I have read a lot of historical books and articles over a lot of decades, it all comes down what is recorded here. Facts like Maori are NOT indigenous, not first here, they arrived in boats the same as all settlers. The claim to looking after nature and understanding it is also false. The ownership of land has followed natural and very practical practices. If it wasn't for the Europeans and other immigrants we could never enjoy the
standard of living we all have the opportunity to share today.
Go back to Fiji from a 20+ year break and study the houses and lifestyles that the Fiji people still live under. 85% of their land is owned by nobody in particular, so there is very little change in its use of.
A very good and honest article Rob.
Maurie.
On 5 September 2025, Julian Batchelor, Stop Co-Governance, wrote the following, “The reason the British declared NZ to be a sovereign nation was so that they could sign a treaty with Maori. For a treaty to be effectual legally, it has to be between two sovereign nations. i.e. Britain fudged it to get the Treaty across the line”. Since this time, the One New Zealand Foundation has completed extensive research into this statement from Julian Batchelor and we agree, “Britian fudged it to get the Treaty across the line”. See more: Britain Fudged it to Get the Treaty Across the Line. | One New Zealand Foundation Inc.
Most certainly the Treaty was a simple little nullity and should have been filed away a long time ago as it achieved its aim immediately. Maori are not indigenous - how can they be when they have always acknowledged, until recently, that they all came here on boats. They did not have a sovereign nation and there was not only one person in overall charge - that was why so many signatures were needed to get the Treaty across the line. Twenty years later everything was re-confirmed at the Kohimarama Conference proving that Maori totally understood and wanted to come under the British Crown as they had requested so many years before.
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