Differences between the texts - read the Treaty

Differences between the texts

The Treaty of Waitangi has two texts. The Maori version is not an exact translation of the English. There has been much debate over the differences – how they came to be and what they mean. Some people argue that there are two treaties: te Tiriti, the Maori version, and the Treaty, the English version. At the time the Treaty was signed, it is not clear how much notice was taken of the precise wording.

Differing opinions

Some people argue that the Treaty was prepared hastily and by amateurs who, intentionally or otherwise, used language that conveyed a particular meaning in Maori. Others say that the instructions that Lieutenant-Governor William Hobson received from the British were careful, especially concerning land; Hobson and his advisors knew exactly what they were doing when they drafted the English text of the Treaty, and they had previous treaties to guide them.

The Maori text was translated quickly but by men who were familiar with the language. The missionary Maori they used was known to the chiefs, and it conveyed key words and meanings. Henry Williams and the chiefs had spent much of the night of 5 February talking about the Treaty and its meanings. Williams did not suggest any changes to the text, so some people see this as a sign that he did not think the Maori text was seriously misleading. Perhaps he chose certain words to gain Maori agreement, however ambiguous they might appear as a translation of English concepts. Like many others, he believed that Maori welfare would be best served under the British.

Many people now focus on the differences between the English and Maori texts, especially with regard to the crucial question of sovereignty. At the time, the oral discussion and Williams's explanation may have mattered more than differences between the written texts.

Preamble

The English version states the British intentions were to protect Maori interests from the encroaching British settlement, provide for British settlement and establish a government to maintain peace and order.

The Maori text suggests that the Queen's main promises to Maori were to provide a government while securing tribal rangatiratanga (chiefly autonomy or authority over their own area) and Maori land ownership for as long as they wished to retain it.

First article

In the English text, Maori leaders gave the Queen 'all the rights and powers of sovereignty' over their land. In the Maori text, Maori leaders gave the Queen 'te kawanatanga katoa' or the complete government over their land.

The word 'sovereignty' had no direct translation in Maori. Chiefs had authority over their own areas, but there was no central ruler over the country. The translators of the English text used the Maori word 'kawanatanga', a transliteration of the word 'governance', which was in current use. Maori knew this word from the Bible and from the 'kawana' or governor of New South Wales. Maori believe that they kept their authority to manage their own affairs and ceded a right of governance to the Queen in return for the promise of protection.

It is widely accepted that the use of the words 'kawanatanga' and 'tino rangatiratanga' (in Article 2) contributed to later differences of view between the Crown and Maori over how much authority the chiefs would retain and how much the governor would have. There can be little doubt that the chiefs who signed the Treaty expected to enter into some kind of partnership and power sharing in the new system.

Second article

In the English text, Maori leaders and people, collectively and individually, were confirmed and guaranteed 'exclusive and undisturbed possession of their lands and estates, forests, fisheries and other properties'. Maori also agreed to the Crown's exclusive right to purchase their land.  Some Maori (and British) later stated that they understood the Crown to have a first option rather than an exclusive right to buy.

In the Maori text, Maori were guaranteed 'te tino rangatiratanga' or the unqualified exercise of their chieftainship over their lands, villages, and all their property and treasures. Maori also agreed to give the Crown the right to buy their land if they wished to sell it. It is not certain if the Maori text clearly conveyed the implications of exclusive Crown purchase.

Third article

In the Maori text, the Crown gave an assurance that Maori would have the Queen's protection and all rights (tikanga) accorded to British subjects. This is considered a fair translation of the English. The Queen’s protection of Maori was emphasised here as it was in the preamble.

Epilogue

Both parties note that they have entered into the full spirit of the Treaty.

Principles of the Treaty

Legally there is just one Treaty, despite the differences between the two texts. The Waitangi Tribunal has exclusive authority to determine the meaning of the Treaty in the two texts and to decide issues raised by the differences between them. References to the Treaty in law try to bridge the differences by referring to the 'principles' of the Treaty, or the core concepts or spirit that underpin both texts.

As is often noted now, it is the spirit of the Treaty that matters most. It was meant to be a broad-brush agreement in which various principles or understandings were implied. The Treaty was mainly a diplomatic and political instrument to support or reflect an agreement between the Crown and Maori to create a nation state. In that sense, the Treaty embodied a partnership in which the Crown, chiefs and tribes would all have a place.