Dame Claudia Orange DNZM, OBE
Treaty of Waitangi Scholar
MM: How long have you spent researching and writing about the Treaty of Waitangi?
CO:I started seriously researching the Treaty in 1977 for a PhD which I finished in 1984, but since then I have continued each week to add to that early research.
MM:When did you publish your book on the Treaty?
CO: In 1987 my first book was released, called simply The Treaty of Waitangi. I had spent evenings after work and weekends revising the PhD which was too long at 160,000 words. And even as I revised events relating to the Treaty were occurring in the mid 1980s – a rather confusing time for the public at large who were not acquainted with the Treaty’s history, nor on the whole with New Zealand history and the key role of Maori in that history. Two further smaller books followed in 1989 and 1990, and then in 2004 I published a major Illustrated History of the Treaty of Waitangi.
MM:Was it usual for the British Crown to make a treaty with the indigenous people of their colonies?
CO:The British governments – like any European government of the 19th century – had to keep an eye on costs. The Colonial Office looked after the interests of Empire and was usually reluctant to acquire new colonies and territories that would add to their costs. By and large they considered that it was preferable for British traders on the fringe of Empire to look after themselves and their trading interests. However, given unruly behaviour by British traders and the increasing impact on Maori life, Britain finally decided to intervene in New Zealand and acquire it as a colony. On at least three occasions Britain had admitted that New Zealand was an independent country and outside the rule of British law. In addition a Declaration of Independence by Maori in 1835 had been accepted and acknowledged by the King William IV. The flag of an independent New Zealand had already been selected. A treaty, therefore, was the preferred way of seeking Maori agreement to the arrival of a British administration and the cession of sovereignty.
MM:Who in fact drew up the provisions of the treaty?
CO:The task fell to William Hobson, a naval captain, who had gained advice form the Colonial Office and the colonial authorities in Sydney. He also had the experience of James Busby who had been appointed in 1834 as British Resident, a position supported by no military or police power and of minimal influence.
MM:Did the Catholic Bishop Pompallier have an influence on the shaping of the Treaty?
CO: The Treaty was presented to northern chiefs on 5 and 6 February 1840 at James Busby’s residency at Waitangi. Pompallier was present at both meetings where some 500 chiefs gathered in a marquee on the Waitangi lawn. During the debate by chiefs on 5 February it seemed that those chiefs closely associated with Pompallier were better informed than other chiefs. They had a clearer grasp of the implications of the decision they were being asked to make – to sign away their sovereignty. Pompallier’s records support that he had frankly advised them of what they were doing. On 6 February he raised the matter of religious freedom and asked if that would be respected by the British administration. Hobson agreed. A statement was drafted by the Anglican clergy present, was translated and read to the chiefs. “The Governor says the several faiths of England, of the Wesleyans, of Rome, and also the Maori custom, shall be alike protected by him.” It was a verbal promise and was not built into the Treaty (though it is sometimes referred to as the Treaty’s fourth article)..
MM:In a nutshell what did the two treaty parties, the Crown and the Chiefs agree to in signing the treaty?
CO:The Crown believed they had secured Maori agreement to a transfer of the sovereignty of the country, and the sole right to purchase Maori land. Maori believed they had agreed to a British government and that – at the same time- their rights of chieftainship were confirmed and their possession of all land guaranteed.
The basis for the two understandings lies in the differences between the English and the Maori texts of the Treaty. At Waitangi Maori heard the Maori language Treaty read out and signed that copy. Later, when several copies were made to be sent round the country, all were in Maori, except for one in English that was signed south of Auckland. Of the nine copies held in our national Archives, eight are in Maori with the ninth being the English one.
MM:What was contained in the crucial Third Article?
CO: Maori were promised all the rights and privileges of British subjects.
MM:After the signing on 6 February 1840, the Treaty Document was taken on tour to secure more signatures. Where did it go?
CO:The Treaty signed at Waitangi went to Hokianga, Kaitlin and to the Hauraki Gulf. At least nine other copies were made and these circulated down the east and west coasts of the north island, to the top of the south, to two places on the East coast of the South island, to Rumpke and as far south as Stewart Island.
MM:Why do modern Maori regard this historical treaty as a “ treasure”?
CO:The Treaty is regarded as a treasure by many Maori and others because it laid the basis for a new nation where indigenous rights would be respected in ways that had not operated before in colonial expansion.
MM:To what extent has the work of the Waitangi Tribunal put right injustices resulting from the Crown’s failure to honour the Treaty?
CO:The Tribunal’s research, findings and recommendations have gone far to validate the many decades of Maori protest concerning injustices. Where the Office of Treaty Settlements has subsequently brought about acceptable settlements, passed by the legislature, tribal groups have been provided with the opportunity to build tribal welfare and development. This will take time, however, and there are still a substantial number of claims and settlements to be processed. From start of Tribunal proceedings to final parliamentary legislation can take a decade or more, and often several decades. Meanwhile, it is not generally understood by New Zealanders that these settlements are tribal settlements. Maori as New Zealanders are subject to the ups and downs of economic and social changes – as are any New Zealanders.
The cover of the illustrated version of her book
