Sovereignty

What is Tino Rangatiratanga?

• a translation for ‘full authority’

  • over their land, people and taonga

• can also mean chieftainship

• it was promised in article II

Declaration of Independence - He Whakaputanga

• signed in 1835, motivation for te tiriti

• significant document = recognises sovereignty

• says your acknowledged by your people and other sovereign states which proves you exist

• it was signed before the treaty was a thing so the document recognised maori had sovereignty meaning it can now be taken

Who is William Hobson?

• was the Crown representative

• came over from Sydney

• took English version to Henry Willians and instructed him to translate it to Maori

• he was also first governor of NZ

• he helped draft and sign the treaty 

Article I differences between English & Maori text

English version: says Maori “cede sovereignty” 

• this suggests a complete transfer of power

Maori version: Maori give kawanatanga (governorship)

• suggests that Maori are okay with the Crown governing alongside them as long as they let Maori keep their chiefly authority and respect this

Article II differences between English & Maori text

• Maori retain rangatiratanga over their lands, villages and treasures

• English took this to mean ‘guaranteed possession’ 

Evidence that Maori did NOT cede sovereignty

Waitangi Tribunal Report (2014) - He Whakaputanga me te Tiriti

• “We can conclude that in Febuary 1840 the rangatira who signed te tiriti did not cede sovereignty”

• “They did cede their authority to make and enforce laws over their people, they agreed to share their power and authority with the governor” 

• “They agreed to a relationship”

Intentions in 1840/purpose

English: to gain sovereignty and legitimise colonisation

Maori: to protect their people, land and chiefly authority  

What is sovereignty?

• the supreme power or authority to govern a country or people

• it is absolute, rigid and once it is established that is it

• was never a term used by Maori 

• closest Maori terms: mana, rangatiratanga, kingitanga (according to DOI)

• the crown assumed sovereignty

• Maori never formally ceded it in a way that everyone agreed to

• how do we explain a concept to people who have no idea of its meaning?

Treaty Facts

• a document of significance = because it has shaped and developed NZ laws, politics and identity

• it is between the Crown and Maori chiefs of subtribes

• importance has varied = has been vital for partnership and justice at times but also ignored and disregarded as an invalid document

Who is Henry Williams?

• translated the English version of treaty into Maori

• he favoured the Crown by ignoring translation issues or playing them to the Crowns advantage = so they would get sovereignty

• the Crown used Henrys knowledge of te reo and Maori people to ensure they would consent to the treaty and sign it 

How did these text differences create distinct interepretations?

• English believed they had gained full sovereignty

• Maori believed they were entering a partnership and retaining their authority

• Misinterpretation of terms = huge misunderstanding around what was being agreed on between the two parties

• integral document for history & future = written in 2 language = many interpretations occur 

What is Kawanatanga?

• a translation for governorship = duty to protect, develop or nurture

• less concrete than sovereignty

• not a term used in the DOI which is the document of sovereignty

• English interpreted kawanatanga as sovereignty

• notable differences between the terms 

Essay counterargument

• Maori DID cede sovereingty through the English version of the treaty as it explicitly says it in Article I

• following the treaty signing, the Crown acted as though they did have sovereignty as they made powerful actions like setting up government and laws

• these actions needed some sort of power or sovereignty to be able to happen and go ahead

Essay Rebuttal

• Maori signed their version giving kawanatanga meaning governance NOT sovereignty

• therefore the understandings were fundamentally different 

• William Hobson (crown rep) got Henry Williams to favour the English version and translations to drive the message which is inequitable and unfair