Constitutional Advisory Panel,
c/- Ministry of Justice,
Thank you for informing me that CAP has now produced a booklet that appears on the Constitutional website but the following quote, which appears in this booklet is in error, “The Treaty records an agreement that enabled the British to establish a government in New Zealand and confirmed to Maori the right to continue to exercise rangatiratanga”. The sentence as written in the CAP booklet appears nowhere in either the English versions or Hobson’s ‘authorised’ Maori text of the Tiriti o Waitangi.
“The treaty which forms the base of all my proceedings was signed at Waitangi on the 6 February 1840, by 52 chiefs, 26 of whom were of the federation, and formed a majority of those who signed the Declaration of Independence. This instrument I consider to be de facto the treaty, and all signatures that are subsequently obtained are merely testimonials of adherence to the terms of that original document”. Governor Hobson.
Translations from the Second Law of the Tiriti o Waitangi states, “The Queen of England arranges and and agrees to give to the Chiefs, Hapus, and all the people of New Zealand, the full chieftainship of their lands, their settlements and all their property”.
Their -Limits meaning to what belongs to person(s) or thing(s) mentioned earlier. Created to clarify the meaning of a statement.
Their lands, their settlements and all their property refers to the individual identities named, it does not give Maoridom as a whole, ‘tinorangatiratanga/full chieftainship’, this was only given to the individual Chiefs, Hapus and Pakeha. Today this would have to be property with legal title (ownership) to that individual identity – a chief – a hapu – a Pakeha, therefore it would be impossible to give Ngai Tuhoe or any other tribe autonomy to an area without all the chiefs, hapu and Pakeha agreeing, as the individual identities only “own” pockets of land in each area.
This has always been English law, individual chieftainship over your land, your settlements and your property, “so long as it does not transgress the law”, Governor Hobson. The laws which, “The chiefs placed in the hands of the Queen of England”, Sir Apirana Ngata.
Could you please correct this error on your website. While the Treaty ceded sovereignty of New Zealand to Queen Victoria for Britain to form a legal Government, this British government gave tangata maori the same rights as the people of England under one flag and one law.
Researcher, One New Zealand Foundation Inc.