Guest Post: Littlewood and the Treaty - How we are being taken to the cleaners

Guest Post by the Cantabrian on Brash & Mitchell.

The controversy around the Waitangi Tribunal, the rapid growth of Maori attempts to exert authority over the government and country, and the question of the principles of the Treaty of Waitangi omits one major and crucial element - The 'Littlewood Treaty'.

It has always been a source of debate that there are two official versions of the Treaty - Te Tiriti O Waitangi in Maori and the Treaty of Waitangi in English. There are significant differences between the two documents. One of the functions of the Waitangi Tribunal is the exclusive authority to determine the meaning and effect of the Treaty as embodied in the 2 texts and to decide issues raised by the differences between them. (Treaty of Waitangi Act 1975, s 5 (2).)

Peter Hemmingson: The Final English Draft That Torpedoes Treatyism

For more than a century, historians have accepted that the final English draft of the Treaty of Waitangi—the version given to missionary Henry Williams to translate into Māori—was lost to history.

In its place, the New Zealand legal system has long relied on the so-called “English version” inserted into statute law. But that document cannot possibly be the original final draft.

Graeme Spencer: Treaty Principles Bill Submission

I have adopted the approach that understanding our history is the solution to the Treaty Principles, there are in fact no principles, merely statements of intent, but if our politicians want to call them principles then who am I to quibble. The imprtant thing is that the "principles" as defined by ACT portray the intent of the Treaty.

We are in this position primarily because of the misintepretation by Hugh Kawharu of "tino rangatiratanga" and later, in 1987 ,in the Court of Appeal, Justice Robin Cooke intimated that “The Treaty established a relationship akin to a partnership between Crown and Maori”. Although the operative word was "akin" it was soon taken out of context and this set in motion the development of the so called principles for their inclusion in legislation. This aspect has not been covered in my submission as I believe this has not had the impact of Kawharu's misinterpretation.

Bruce Moon: The so-called ”Littlewood treaty” is vitally important!

“An idea can turn to dust or magic, depending on the talent that rubs against it”.

William Bernbach.

 

William Hobson was not a free agent.  He was appointed by Lord Normanby, Colonial Secretary, on behalf of the British Crown to negotiate with the Maori chiefs with the prospect of a British colony being established in New Zealand.   A 4200 word brief was issued to him before his departure from England.

Roger Childs: ‘Honour the Treaty!’ But which one?

There is only one

As readers know the so-called “Treaty in English” was recently graffitied at Te Papa. One thing I am in agreement with the protest group Te Waka Hourua on is that there is only one Treaty – Te Tiriti o Waitangi.

So why do the Waitangi Tribunal, some historians and many Maori activists claim that there is an English text of the Treaty? If there was such a thing, it would be an exact English version of the Maori text.

Mike Butler: Time to display Littlewood treaty?

While staff at Te Papa museum in Wellington ponder what to do with the treaty display that was defaced by protesters on Monday, I suggest that the Busby February 4 document, which is also known as the Littlewood treaty, is the perfect fit.

The protestors want a direct translation of the Maori text added to the display so that visitors could understand clearly what the Te Tiriti actually says.

After all, Te Tiriti was the text that was debated and agreed to by chiefs in 1840.

The Busby February 4 document is a perfect match - but for a single word added to in Article 3 of Te Tiriti, and, of course, the date.

Roger Childs: Sorry Ned, wrong Treaty!

A masterful exegesis … the quality of Dr Fletcher’s research and the power of his reasoning demands attention and respect. There will be those who differ; as I have said, contestation is the Treaty’s only consistent companion. –The Hon. Justice Sir Joe Williams (Former Supreme Court legal colleague of Ned’s Mum Sian Elias)

Confession is good for the soul

I must confess from the start that I haven’t waded my way all through Ned Fletcher’s massive “door stop” volume – 736 pages – which should keep your back gate open in a wind. However, I have had a brief browse through The English Text of the Treaty of Waitangi which a book club friend brought along to our meeting last month. Furthermore I have read several reviews and carefully taken in his lengthy comments made to Connie Buchanan “made possible by the Public Interest Journalism Fund”.

Unfortunately Fletcher has largely wasted his time because he was focusing on the fake Freeman Treaty.

Mike Butler: Littlewood treaty to disappear

The document that is most likely the final English draft from which the Treaty of Waitangi was translated into Maori will quietly be buried in archives when a new exhibition of “iconic constitutional documents” opens next year at the National Library opposite Parliament Buildings.

New Zealand First MP Clayton Mitchell is taking Internal Affairs Minister Peter Dunne to task over the exclusion of the Busby February 4 document from the treaty display.