KEY POINTS:
NUMBERS
Estimates of how many Maori were in New Zealand when Europeans first arrived vary between 90,000 and 200,000. The vast majority lived in
the upper North Island, particularly north of Auckland and around the
bays and river mouths of the Bay of Islands and Hokianga. Some lived in
the East Cape and along the Bay of Plenty, while other large settlements
were in the Waikato, Rotorua and Taranaki. European permanent
residents, by comparison, were small in number - about 2000 by 1839.
THE MISSIONARIES
The Church Missionary Society visited as early as 1807. In 1814 Reverend Samuel Marsden established a mission, preaching to Maori at Rangihoua in the Bay of Islands on Christmas Day. Marsden's concern about New Zealand and his interactions with Maori influenced both British attitudes to New Zealand and Maori attitudes to the Crown.
In 1823 the Methodist Churchbacked Wesleyan Missionary Society established a base at Whangaroa, initially under the leadership of Samuel Leigh. In 1838 Bishop Jean Baptiste Francois Pompallier landed in the Bay of Islands, bringing the Catholic Church to New Zealand.
MAORI SOCIETY
By the time Europeans landed in New Zealand, Maori had already lived
here for more than 600 years and the culture was well-entrenched.
Shared beliefs in mana, myths and gods, cultural practices and language
bound them, but a strong tribal system meant Maori were not unified
as a single nation under a common leader. Chiefly leadership earned
through bloodlines and prowess in battle ruled with identity
most keenly drawn from tribe and whanau.
THE HUMANITARIANS
In the late 1830s two House of Lords' select committees held inquiries which dealt with how Maori were being treated. The inquiries promoted concerns from humanitarian groups worried that exposure to disease and maltreatment was threatening the survival of the race.
FLAG
In March 1834, New Zealand adopted its first flag at a meeting of Maori and Europeans called by British Resident James Busby at Waitangi. The purpose of the flag was so ships built in New Zealand could be registered - unregistered ships in international waters risked seizure and the impounding of cargo.
JUDICIAL OFFICERS
From the early 19th century authorities in New South Wales sought to have a measure of control over unruly British citizens, though their efforts were largely futile. Even Europeans involved in tribal warfare escaped prosecution in Sydney courts. Justices of the peace were appointed from missionaries and Maori chiefs and in 1814 came New Zealand's first judicial appointment - Thomas Kendall was named Resident Magistrate in the Bay of Islands.
TO COLONISE OR NOT?
In the months before Hobson's departure, there was much debate within the Colonial Office about its intentions for New Zealand. Initially Hobson was appointed as consul to an independent New Zealand. The Office considered asking Maori to cede authority and power over certain areas, retaining their independence in other parts of the country. In the end Hobson's instructions were for the entire country to be ceded, if possible.
Secretary of State for Colonies Lord Normanby said the change in thinking was prompted by the looming influx of settlers and to protect the rights and welfare of Maori. But, Normanby said, Hobson was to obtain free and intelligent consent.
AMERICAN OVERTURES
With American whaling and trading activities, the United States decided in 1839 to establish a diplomatic post in the Far North, with James Clendon appointed as consul. Elsewhere in the Pacific the US had sought treaties to protect its interests.
The US expansion, as well as France's desire for a colony in the South Island, was another factor in Britain's thinking. While it was not a decisive issue, it crossed the minds of the Colonial Office: If we don't colonise New Zealand now, will France or America do it?
LAND CLAIMS COMMISSIONS
In the years immediately after the signing of the Treaty, three commissioners were appointed to investigate pre-1840 land purchases. The commissioners had the power to either rule a sale valid - in which case they awarded a Crown Grant of up to 2560 acres (1036 hectares) - or not. If the deal was cancelled, the land went to the Crown, not the previous Maori owners. Many of the purchases by the New Zealand Company were found to be invalid, though in many instances agreements were struck to allow settlement to continue.
LAND PURCHASE
One of Hobson's first acts in New Zealand was to declare the Crown the sole agent to whom Maori could sell their land. The measure was suspended for two years from 1844, in part to appease chiefs like Hone Heke who objected to not being able to negotiate with other purchasers. But it was re-enacted in 1846, with a declaration that any Maori land deemed unused would become Crown land. The purchases by Crown agents were often dubious and their rights of exclusivity meant market rates were not a consideration - the price was whatever the Crown offered.
WAITANGI DAY CELEBRATIONS
The gifting of former British Resident James Busby's home (which became known as the Treaty House) to the nation prompted celebrations first held in 1934 to mark the signing of the Treaty on February 6. From 1963 Waitangi Day became a holiday in Auckland and Northland and in 1974 it became a national holiday. Over the years, the national day has been marked by protest and controversy at Waitangi - one year Helen Clark was reduced to tears and another, Don Brash had mud thrown at him.
WAITANGI TRIBUNAL
As protest movements gained attention, the Government established the Waitangi Tribunal in 1975 to hear grievances about Treaty breaches and to investigate claims. Its jurisdiction was initially limited to breaches occurring after 1975, though that restriction was lifted in 1985. The tribunal is limited to making findings of fact and recommendations, not binding rulings. As of late last year, it had issued more than 90 reports covering regional and iwi
claims as well as generic claims.
THE ORIGINALS
Archives NZ holds nine versions of the Treaty - the one hand-written by missionary Richard Taylor for signing on February 6, 1840, and eight copies. In October 1840, a copy of the Treaty of Waitangi authenticated by Governor William Hobson's signature, was sent to the Colonial Office in London. In 1989 an English language text of the Treaty was discovered in papers belonging to the Littlewood family, whose ancestor Henry was a lawyer in the Bay of Islands in the 1830s and 40s. Some claim it is a translation back into English from Maori; others that it is the final English draft.
