The Foundations of a Country

Just a few hundred metres from our hostel was the birthplace of modern day New Zealand. Across the bridge from ‘Paihia’, and around the headland, on February 6th 1840, representatives of the British Crown and 500 Maori chiefs signed the 'Treaty of Waitangi'. This made New Zealand part of the British Empire and guaranteed Maori rights to their land and the same rights of British Citizens. The problem is that the translation wasn’t exactly 100% accurate so there has been continuous debate since then over what exactly was agreed to. There has also been debates over the importance of the day, & whether it should be considered the country’s national day.

Commemorations for the day didn’t really kick off until 1940, and even then things were pretty low key for the next few decades. However, as the celebrations grew, they attracted the attention of activists that were not so happy with the lack of adherence to the treaty. They called for greater recognition of the treaty, to right injustices previously committed, and to raise awareness. These protests have included attempts to fly the Maori Sovereignty flag from or above the British flagstaff, and general demonstrations calling the treaty a fraud. Early in this millennium, the protests were so extreme, that the official celebrations were moved elsewhere in New Zealand. However, this was insulting to those Maori that wished to celebrate and in 2003 it was moved back to the Treaty House in Waitangi.

Recently celebrations have all been held without major incidents, although the demonstrators are always present. There is generally no actual physical aggression to gatherers, but their effect is definitely intimidating.

We walked around the grounds, darting between covers to avoid the torrential rain, and learnt what we could about the history. It’s like with most things though; the more you know, the more you realise how little you know.

I’m sure the British designed the Treaty for their advantage, and I’m sure the Maori signed believing they had much to gain – for one it saved the from being ruled by the French.

The main legal points of discussion seem to be whether or not the Treaty was the means by which the British Crown gained sovereignty over New Zealand and whether or not the Treaty is binding to the Crown. The Treaty has never been ratified or enacted as statute law and is not recognised as being suitable to be a formal constitution, but it is an important document that continues to influence political and legal discourse in New Zealand.