Does Treaty of Waitangi policy amount to a rort that has grown beyond the wildest dreams of those who set it up and is now too large and too deeply embedded for any government to dismantle?
That is the question that emerged from spending a couple of months updating the treaty settlement financial redress total at Treaty Transparency 1975-2026 HERE
The word “rort” describes a scheme that takes unfair advantage of a public service, loophole, or resource.
It is often applied to political expense scandals, exploiting bureaucratic loopholes, or bending the rules of an organization or government program for personal benefit without necessarily crossing into hard criminal fraud.
It usually results in public backlash, policy changes, or reprimands.
Undeniably, the Treaty of Waitangi Act 1975 and the Waitangi Tribunal have delivered massive wealth and control to a select few. How did that come about. A few months doing the Treaty Transparency update showed what happened.
First, the Treaty of Waitangi Act 1975:
It usually results in public backlash, policy changes, or reprimands.
Undeniably, the Treaty of Waitangi Act 1975 and the Waitangi Tribunal have delivered massive wealth and control to a select few. How did that come about. A few months doing the Treaty Transparency update showed what happened.
First, the Treaty of Waitangi Act 1975:
- placed the concept of the “principles of the Treaty” into New Zealand legislation,
- established the tribunal as a permanent commission of inquiry into claims by Maori,
- and gave the tribunal the exclusive authority to determine the meaning and effect of the Treaty by examining both the English and Maori texts appended to the Act.
Next, a 1985 amendment to that Act allowed the Waitangi Tribunal to investigate historical claims dating back to 1840, rather than only contemporary issues.
And then:
And then:
- A tribunal member created a “contemporary translation” of the Maori text that created four new treaty beliefs that now underpin treaty policy,
- Treaty principles that didn’t exist were created.
As Edmund Blackadder in the 1980s Rowan Atkinson television comedy show famously says, “I’ve got a plan so cunning you could put a tail on it and call it a weasel.”
Blackadder was mocking the supposed brilliance of an idea. The treaty plan in faraway New Zealand actually worked, way beyond the dreams of those who set it up who are mostly all deceased.
How was the treaty re-written? The devil, as always, is in the detail, the fine print, which are the 11 footnotes to the “contemporary translation” posted on the Waitangi Tribunal’s website.
In these footnotes, four words from the Maori text of the treaty were redefined to create four beliefs:
The person who rewrote the treaty, the late Hugh Kawharu, who was “a man of quiet persuasion” with “persistent advocacy for the Maori right to exercise rangatiratanga (self-determination)”, according to his official biography, took the words “kawanatanga”, “rangatiratanga”, “taonga”, and “tikanga” all out of context and gave them new meanings.
Then, hey presto, we have a treaty that appears to justify Maori self-government, an extra right that only Maori people have called rangatiratanga, ownership of everything, and the right to live outside of coloniser law.
How were the treaty principles created? Read New Zealand Maori Council v Attorney General 1987, the lands case, see exactly how the Appeal Court used the Kawharu re-written treaty and caved in to 20 affidavits from activists and academics, including Kawharu,.
What gradually became apparent, while looking at this for months, is that without the treaty principles there would be:
When “the treaty” is invoked, the invoker never says which treaty – the 1840s treaty agreed to by 512 chiefs, or the 1980s treaty conjured up by a man of “persistent advocacy for the Maori right to exercise rangatiratanga (self-determination)”.
The 1840s treaty, in its preamble, three articles, and postscript, is a concise agreement to cede sovereignty, confirm property rights, and confer British citizenship.
The 1980s treaty, with its 11 footnotes and redefined “kawanatanga”, “rangatiratanga”, “taonga”, and “tikanga”, ushered in a new world in which:
Once claims back to 1840 were permitted by an amendment to the Treaty of Waitangi Act in 1985, the Waitangi Tribunal wrote extensive reports that reframed everything that had happened since 1840 in terms of the very flexible treaty principles.
That reframed history transformed everything that the Crown/New Zealand government had done since 1840 as the sovereign authority into a treaty breach that attracted massive financial redress.
A giant treaty rort? It’s over to you to decide.
Read the 33 short chapters totalling 78 pages on the Moriori genocide, the Littlewood treaty, Tuhoe and the terror raids, the looming financial risk with a Ngapuhi settlement and the relativity mechanism.
Perhaps more important is how treaty tribes treated appeasement with contempt, collaborated with the Kingitanga, united, and commissioned a plan to replace the government with a set-up that they would control.
Or is it a case of unintended consequences?
Whatever it is, it is costing us all a lot of money and much more heartache. It’s time for New Zealand to turn the page on the treaty project.
Read “A giant treaty rort? Treaty transparency – 1975 to 2026” HERE
Blackadder was mocking the supposed brilliance of an idea. The treaty plan in faraway New Zealand actually worked, way beyond the dreams of those who set it up who are mostly all deceased.
How was the treaty re-written? The devil, as always, is in the detail, the fine print, which are the 11 footnotes to the “contemporary translation” posted on the Waitangi Tribunal’s website.
In these footnotes, four words from the Maori text of the treaty were redefined to create four beliefs:
- “Kawanatanga” in footnote 6, sparked the assertion that chiefs could not understand “government” in the sense of “sovereignty”. That formed the basis of the claim that chiefs didn’t cede sovereignty.
- “Rangatiratanga” in footnote 7, was rebranded as “chiefly authority”. That became the treaty justification for Maori sovereignty, and that morphed into a special right that only people of Maori descent have.
- “Taonga”, in footnote 8, was asserted to refer to all dimensions of a tribal group’s estate, material and non-material. That went on to mean that if something exists (such as geothermal energy, water, spectrum, indeed everything in New Zealand’s exclusive economic zone), and if a Maori has not already sold it, a Maori must be paid for it.
- “Tikanga” in footnote 11, asserts that the Queen really wanted to protect Maori customs because Maori did not understand British customs. That formed the basis of the assertion that people of Maori descent should live according to tikanga lore, not the range of laws in force in the English-speaking world. This in turn enabled the Supreme Court to impose its version of tikanga.
The person who rewrote the treaty, the late Hugh Kawharu, who was “a man of quiet persuasion” with “persistent advocacy for the Maori right to exercise rangatiratanga (self-determination)”, according to his official biography, took the words “kawanatanga”, “rangatiratanga”, “taonga”, and “tikanga” all out of context and gave them new meanings.
Then, hey presto, we have a treaty that appears to justify Maori self-government, an extra right that only Maori people have called rangatiratanga, ownership of everything, and the right to live outside of coloniser law.
How were the treaty principles created? Read New Zealand Maori Council v Attorney General 1987, the lands case, see exactly how the Appeal Court used the Kawharu re-written treaty and caved in to 20 affidavits from activists and academics, including Kawharu,.
What gradually became apparent, while looking at this for months, is that without the treaty principles there would be:
- No historical breaches of the treaty by the Crown,
- No financial redress totalling $5-billion,
- No way to mandate co-governance, active partnership,
- No way to direct authorities to cave in to specific Maori claims and requests.
When “the treaty” is invoked, the invoker never says which treaty – the 1840s treaty agreed to by 512 chiefs, or the 1980s treaty conjured up by a man of “persistent advocacy for the Maori right to exercise rangatiratanga (self-determination)”.
The 1840s treaty, in its preamble, three articles, and postscript, is a concise agreement to cede sovereignty, confirm property rights, and confer British citizenship.
The 1980s treaty, with its 11 footnotes and redefined “kawanatanga”, “rangatiratanga”, “taonga”, and “tikanga”, ushered in a new world in which:
- Maori should self-govern,
- if a Maori has not already sold anything that exists, a Maori must be paid for it,
- Maori should live according to Maori customs only because Maori do not understand British customs.
Once claims back to 1840 were permitted by an amendment to the Treaty of Waitangi Act in 1985, the Waitangi Tribunal wrote extensive reports that reframed everything that had happened since 1840 in terms of the very flexible treaty principles.
That reframed history transformed everything that the Crown/New Zealand government had done since 1840 as the sovereign authority into a treaty breach that attracted massive financial redress.
A giant treaty rort? It’s over to you to decide.
Read the 33 short chapters totalling 78 pages on the Moriori genocide, the Littlewood treaty, Tuhoe and the terror raids, the looming financial risk with a Ngapuhi settlement and the relativity mechanism.
Perhaps more important is how treaty tribes treated appeasement with contempt, collaborated with the Kingitanga, united, and commissioned a plan to replace the government with a set-up that they would control.
Or is it a case of unintended consequences?
Whatever it is, it is costing us all a lot of money and much more heartache. It’s time for New Zealand to turn the page on the treaty project.
Read “A giant treaty rort? Treaty transparency – 1975 to 2026” HERE
Direct link is here: https://www.nzcpr.com/wp-content/uploads/2026/10/A-Giant-Treaty-Rort-Treaty-Transparency-1975-2026.pdf
Mike Butler, a former journalist and current residential rental property owner and manager contributed to 'Twisting the Treaty - a tribal grab for wealth and power' - and authored 'The First Colonist: Samuel Deighton 1821-1900', 'Tribes, Treaty, Money, Power', '24 Years- the Trials of Allan Titford', 'Innocent Nil Debit', and 'The Treaty – Basic Facts'.
Mike Butler, a former journalist and current residential rental property owner and manager contributed to 'Twisting the Treaty - a tribal grab for wealth and power' - and authored 'The First Colonist: Samuel Deighton 1821-1900', 'Tribes, Treaty, Money, Power', '24 Years- the Trials of Allan Titford', 'Innocent Nil Debit', and 'The Treaty – Basic Facts'.

8 comments:
I find it VERY interesting your statement "without the treaty principals there would be no......."
So does that mean if Winston gets his way and abolishes the principals of the treaty that all these things are gone????????
No historical breaches of the treaty by the Crown,
No financial redress totalling $5-billion,
No way to mandate co-governance, active partnership,
No way to direct authorities to cave in to specific Maori claims and requests.
??????????
Most New Zealanders probably view the radical, part-Maori revised position on the question of sovereignty, as sellers remorse. An simple analogy might be: an unsuccessful business owner who is relieved to sell off his business but then disgruntled that the new owner has turned things around and has become very profitable.
We simply can't equate what was relevant in 1840 to our circumstances in 2026.
Is it a Rort? Of course it is. It doesn't take a lot of analysis to see that. Everyone, including those benefiting by it, know it. It is bleeding this country dry and should be shut down, immediately. Enough is enough.
Millions in the bank for the Tamihere families, and their friends, and nothing for the alleged poor Maori who were "robbed " of their lands.
A rort approved of by Luxon, because he has not stopped this blatant, in your face, rip off.
It's hard when people don't know the difference between principals and principles.
On that matter Anon@10.04, it grated with me too, and I hope also we don't run out of question marks.
And to really honour your culture undertake all customary rights barefoot, wearing customary dress and using customary tools and methods. And don't pull up in a ute, customarily walk everywhere and lug everything yourself.
A great pity that more relevance is not given to the late Maori Kings statement at Waitangi "that there are no principles, only the Treaty itself"
I can not understand how we have allowed our lily livered weak, spineless politicians over the last thirty odd years, to get the country into this position. If the right minded parties get elected this November, we the people, wiill need to hold the Govts feet to the fire. Otherwise it is going to be a disastrous three years
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