Te Tiriti o Waitangi: Who’s Responsible for Upholding its Promises?

Photo/ Hamilton City Council Library

Introduction:

Te Tiriti o Waitangi, signed in 1840, remains a cornerstone of New Zealand’s history and identity. Yet, the question of who bears the responsibility for upholding its promises continues to spark debate.

While the New Zealand government is widely acknowledged as responsible for upholding the treaty’s principles, its non-signatory status adds a layer of complexity to the discussion.

Image / CHCH Libraries

Te Tiriti was signed by representatives of the British Crown and various Māori chiefs, establishing a direct legal relationship between those parties. The original intent was to create a framework for coexistence between Māori and the British Crown, ensuring Māori sovereignty and control over their lands.

However, the New Zealand government, as the successor to the British Crown in New Zealand, did not directly sign the treaty. This distinction raises questions about the extent of its legal obligations. While the government has a responsibility to uphold the treaty’s principles, its role as a successor state, rather than a signatory, adds a layer of ambiguity to its legal standing.

Photo/ Teacher Talk

Furthermore, the treaty’s legal status remains a subject of ongoing debate. Its text has been interpreted in various ways, leading to disputes over its meaning and application. This ambiguity further complicates the question of accountability, particularly when considering the original agreement between the British Crown and Māori.

Understanding the historical context of the treaty is crucial for interpreting its meaning and addressing ongoing issues. The treaty was signed during a period of significant change and upheaval in New Zealand, with both Māori and the British Crown seeking to establish their rights and responsibilities. This historical context provides valuable insights into the treaty’s origins and its ongoing relevance in contemporary New Zealand.

Conclusion:

The ongoing debate surrounding the treaty’s interpretation and implementation underscores the complexity of its legacy. While the New Zealand government bears a responsibility to uphold the treaty’s principles, the non-signatory status of the government raises questions about the extent of its legal obligations and the need for direct accountability. As New Zealand continues to grapple with the legacy of the treaty, understanding the roles of both the original signatories and the successor state remains crucial for ensuring a just and equitable future for all people living in this land

Reference:

Christchurch City Council Libraries. (2024). Te Tiriti o Waitangi. [Image] Retrieved 31/08/2024 from: https://my.christchurchcitylibraries.com/kids-treaty-zone-the-treaty/

Hamilton City Libraries. Te Tiriti o Waitangi. [Image] Retrieved 31/08/2024 from: https://hamiltonlibraries.co.nz/maatauranga-maaori/resource-lists/te-tiriti-o-waitangi

Maan, D. (19 Dec 2017). Te Tiriti o Waitangi: How to overcome cultural mistrust. [Image]. Retrieved 31/08/2024 from: https://alltogether.co.nz/te-tiriti-how-to-overcome-cultural-mistrust/

Teacher Talk. (2024). Wairua o Waitangi. [Image]. Retrieved 31/08/2024 from: https://teachertalk.org.nz/products/te-wairua-o-waitangi-sing-a-long-book?pr_prod_strat=e5_desc&pr_rec_id=cddb8dc3b&pr_rec_pid=7757392019697&pr_ref_pid=7757394116849&pr_seq=uniform

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About the Author: Dr Rawiri Waretini-Karena

Ngāti Māhanga, Ngāti Māhuta, Ngāti Kaahu, Ngāti Hine- Ngāti Mōrehu: Lecturer, Educator, Independent researcher.