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Home / Kahu

Our treaty: Life after the treaty signing

5 Feb, 2008 01:15 AM10 mins to read

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KEY POINTS:

1840 (May)
In the aftermath of the first historic signing of the Treaty at Waitangi, meetings were held around the country as the Crown gathered more signatories. In May 1840, amid fears that New Zealand Company settlers in the Wellington region were assuming powers of government, Governor Hobson
proclaimed sovereignty - the North Island by virtue of cession through the Treaty, the southern islands by right of discovery. The Colonial Office accepted the proclamations and they were published in the London Gazette on October 2.

1841

At the request of Britain, Hobson appointed lay missionary George Clarke as chief protector of aborigines in 1841. The purpose of the position was to protect Maori from injustice, cruelty and wrong and to preserve their health and well-being. Clarke, who had gained the respect of many Maori, carried out his task diligently - even objecting to a second and conflicting responsibility as land purchaser for the Crown - though his resources were so slim it was impossible for him to achieve much. In 1846, Governor George Grey disbanded the position, bringing Clarke's responsibilities more directly under his control through a native secretary.

1843
The Wairau Incident in the Nelson region, which had been settled by the New Zealand Company, was an example of escalating tension over Maori land. Company surveyors entered the Wairau Valley on land which the Ngati Toa tribe denied had been sold. Chiefs Te Rauparaha and Te Rangihaeata interrupted the survey, so an armed force from the company was sent to arrest them. During the confrontation a musket discharged, killing Te Rangihaeata's wife, Te Rongo. Mayhem ensued; 22 Europeans were killed (including those who had surrendered) and at least five Maori.

1844
After the introduction of customs duties and the capital moving to Auckland, economic times were tough in the Bay of Islands once the country's thriving centre of trade.

Relations between Maori and the Crown were tense. In 1844, incensed by the flying of the Union Jack over Kororareka (now known as Russell) and the symbolism of Maori authority bowing to European, Ngapuhi chief Hone Heke had the flagpole chopped down. Between 1844 and 1845 it was axed another three times. The last time the town was sacked and pillaged, leading to an outbreak of fighting between Heke and Te Ruki Kawiti's men and the Crown's military.

1858
Growing disgruntlement over the spread of Pakeha settlement and the perceived deterioration of traditional Maori society was a topic of much discussion among North Island Maori chiefs. In 1858 they formed a movement - soon to be called Kingitanga - to deal with the issue and Waikato chief Te Wherowhero became the first king, taking the name Potatau. The movement was
supported by tribes from Hauraki to Horowhenua and considered the King
complementary to Queen Victoria. The colonial government believed
otherwise.

1860
Land dealings lead to the outbreak of war in Taranaki in 1860. Agents insisted on dealing with a minor chief over a purchase at Waitara, ignoring senior chief Wiremu Kingi and locals living on the block. Those who resisted were accused of defying Article One of the Treaty, and the military was sent to deal with them. Warfare also broke out in other parts of the North Island including the Waikato, Bay of Plenty and East Coast. The wars formally ended in 1882. The causes remain a point of debate, some historians describing them as an attempt by the British to impose sovereignty by violence, with others seeing land as the central issue.

1863
Two controversial acts were passed by Parliament to punish "rebel" Maori in 1863 and to seize land. The Suppression of Rebellion Act enabled the Crown to impose martial law and round on iwi considered anti-Crown. The New Zealand Settlements Act authorised the taking of land. Rebel iwi were stripped of their land without compensation; so-called loyal tribes were stripped of their land too, but offered monetary compensation. Over three years from 1864, about 1.5 million acres (607,000 hectares) within Taranaki, Waikato,
Tauranga, Eastern Bay of Plenty and Mohaka-Waikare were seized.

1865
In an attempt to deal with competing customary claims to land, the Native Land Court was established in 1865, a "Europeanised" version of a system initiated only three years earlier. Judges were empowered to determine ownership, but could name no more than 10 owners, regardless of block size.

While traditional Maori society deemed land a communal asset, the court process enabled individuals to claim a stake in a piece of land to sell or manage for their own benefit, disempowering other tribal members.

1877
A legal case over Ngati Toa attempts to retrieve land in the hands of the Anglican Church delivered a blow to the Treaty's position in law for almost 100 years. In his decision on the case, bought by iwi chief Wi Parata against the Bishop of Wellington, Chief Justice James Prendergast described the Treaty as worthless and having been signed between a "civilized nation and a group of savages". The precedent set by his decision resulted in the alienation of people from large tracts of Maori land and influenced attitudes towards the Treaty. It was not directly challenged until the mid-1980s.

1881
Few other incidents resonate so much as a symbol of Maori resistance than the occupation of Parihaka in Taranaki. For two years the prophet Te Whiti O Rongomai had urged his people to protest against the confiscation of their land by disrupting surveyors and road gangs. In November 1881, frustrated by the continued disruptions, the Government dispatched the military to the town of Parihaka, imprisoning Te Whiti and fellow prophet Tohu. Though the people of the town offered no resistance, the 1500-strong occupation force was armed and read the Riot Act.

1892
For about 10 years a political movement called Kotahitanga (Unity) sought to find Maori solutions to problems faced by its people. The pantribal group formed a Maori Parliament at Waipatu, near Hastings, in June 1892. Kotahitanga's parliament met about 10 times, drafting bills which it attempted to have passed by the Parliament in Wellington. It was wound up in 1902 when MP Sir Apirana Ngata convinced the Government to pass two acts which he believed would continue the work of the Maori Parliament.

1918
Under the leadership of faith healer Tahupotiki Wiremu Ratana, a growing religious movement established a base near Wanganui in 1918. As well as providing spiritual nourishment the Ratana church had nationalistic leanings and called for the the Treaty to be honoured. The movement became politicised, eventually aligning itself with the Labour Party. The association gave Labour a decades-long hold on the Maori seats in Parliament, only undermined in the past decade.

1926
MP and cabinet minister Sir Maui Pomare used his influence to push for an inquiry into the 1860s land confiscations and for Maori dairy farmers to help pay for it. In 1926 Prime Minister Gordon Coates set up a royal commission under Justice Sir William Sim. Though its terms of reference were narrow and its timeframe tight, the commission reported that the confiscation in Taranaki could not be justified and recommended an annual payment of A3;5000 in perpetuity. Negotiations for other settlements followed in 1944, with Ngai Tahu
offered A3;10,000 for 30 years and Waikato-Maniapoto A3;6000 per annum. Cries for more compensation continued.

1962
The New Zealand Maori Council was established as a representative body under 1962 legislation. Its functions were to "conserve, improve, advance and maintain physical, economic, industrial, educational, social, moral and spiritual well-being and to assume and maintain pride of race". It represented district tribal committees and initially gained authority, though some Maori came to view it as too close to the Government. Over the years, however, it has made many Treaty submissions to Government and has been involved in landmark court cases.

1975
Far North kuia Dame Whina Cooper took to the road in September 1975 raising awareness of Maori land issues with a hikoi (march) from the top of the country to Wellington. The hikoi stopped at 25 points and swarmed into the grounds of Parliament with a 5000-strong crowd to present a 60,000- signature petition. It called for a halt to alienation of Maori land, but also thrust broader Maori grievances on to the mainstream agenda, boosting the efforts of protest groups such as Nga Tamatoa (the Young Warriors).

1977
One of the most momentous Maori protest actions of New Zealand's history began in January 1977 when Ngati Whatua people occupied Bastion Point, east of downtown Auckland. The site was ancestral land but had been gradually whittled away for development. The protest was triggered by a Government announcement that high-income housing was to be built there. Police evicted the occupiers after 506 days. In line with a Waitangi Tribunal report, much of the land has been returned to or vested with Ngati Whatua. Another major dispute was in Raglan where Eva Rickard led a golf course protest on land originally seized from Tainui Awhiro for the construction of an airfield. The land was eventually returned.

1986
The integration of so-called "Treaty principles" in legislation has been one of the most significant measures ensuring the Treaty remains a relevant, recognised document. The 1986 State Owned Enterprises Act which turned some Crown agencies into entities expected to return dividends, included clauses requiring the entities to honour the Treaty's principles and reflect its intentions. References have been included in about 40 statutes, enabling courts to determine whether the Crown continues to honour the Treaty.

1987
A landmark Court of Appeal decision in a case brought by the Maori Council in 1987 influenced Crown dealings with Maori. The case hinged on the future of Crown land once it was no longer required by the Government. Court of Appeal President Lord Cooke ruled the Crown had to take heed of previous Maori owners. He also firmly stated the Treaty was a partnership and that the Crown, as the more powerful partner, had a responsibility of active protection of the weaker party, Maori. The task of interpreting the Treaty "should not be approached with the austerity of tabulated legalism" and that a "broad, unquibbling and practical interpretation" was required.

1992
In the first of a series of major settlements through the 1990s, the Crown signed an agreement with Maori in 1992 vesting $170 million with the Waitangi Fisheries Commission to enable it to buy a half-share of Sealord. The distribution of assets caused much disagreement among tribes, but the matter was eventually resolved in 2004. Other large settlements were signed with Tainui in 1995 and Ngai Tahu in 1998. A new wave of protests also emerged during the period, particularly against a National government policy of aiming to settle grievances from a "billion dollar fiscal envelope".

2004
Following a Court of Appeal ruling which said Maori claims to customary rights to the foreshore and seabed of the Marlborough Sounds should be tested, the Government moved quickly to introduce a new law which vested ownership to the Crown and guaranteed public access. Many Maori saw this as subjugation of their rights and a breach of the Treaty, prompting a 15,000-strong march on Parliament. The divisions saw a Labour minister, Tariana Turia, leave the party and establish the Maori Party which became a four MP-strong voice in Parliament in the 2005 election.

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