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The English Text of the Treaty of Waitangi
How was the English text of the Treaty of Waitangi understood by the British in 1840?
That is the question addressed by historian and lawyer Ned Fletcher, in this extensive work. With one exception, the Treaty sheets signed by rangatira and British officials were in te reo Maori. The Maori text, Te Tiriti o Waitangi, was a translation by the missionary Henry Williams of a draft in English provided by William Hobson, the Consul sent by the British government to negotiate with Maori. Despite considerable scholarly attention to the Treaty, the English text has been little studied. In part, this is because the original English draft exists only in fragments in the archive; it has long been regarded as lost or 'unknowable', and in any event superseded by the authoritative Maori text. Now, through careful archival research, Fletcher has been able to set out the continuing relevance of the English text. The English Text of the Treaty of Waitangi emphasises that the original drafting of the Treaty by British officials in 1840 cannot be separated from the wider circumstances of that time. This context encompasses the history of British dealings with indigenous peoples throughout the Empire and the currents of thought in the mid-nineteenth century, a period of rapid change in society and knowledge. It also includes the backgrounds and motivations of those primarily responsible for framing the Treaty: British Resident James Busby, Consul and future Lieutenant-Governor William Hobson, and Colonial Office official James Stephen. Through groundbreaking scholarship, Fletcher concludes that the Maori and English texts of the Treaty reconcile, and that those who framed the English text intended Maori to have continuing rights to self-government (rangatiratanga) and ownership of their lands. This original understanding of the Treaty, however, was then lost in the face of powerful forces in the British Empire post-1840, as hostility towards indigenous peoples grew alongside increased intolerance of plural systems of government. The English Text of the Treaty of Waitangi enriches our understanding of the original purpose and vision of Te Tiriti o Waitangi/The Treaty of Waitangi and its foundational role in Aotearoa New Zealand.
That is the question addressed by historian and lawyer Ned Fletcher, in this extensive work. With one exception, the Treaty sheets signed by rangatira and British officials were in te reo Maori. The Maori text, Te Tiriti o Waitangi, was a translation by the missionary Henry Williams of a draft in English provided by William Hobson, the Consul sent by the British government to negotiate with Maori. Despite considerable scholarly attention to the Treaty, the English text has been little studied. In part, this is because the original English draft exists only in fragments in the archive; it has long been regarded as lost or 'unknowable', and in any event superseded by the authoritative Maori text. Now, through careful archival research, Fletcher has been able to set out the continuing relevance of the English text. The English Text of the Treaty of Waitangi emphasises that the original drafting of the Treaty by British officials in 1840 cannot be separated from the wider circumstances of that time. This context encompasses the history of British dealings with indigenous peoples throughout the Empire and the currents of thought in the mid-nineteenth century, a period of rapid change in society and knowledge. It also includes the backgrounds and motivations of those primarily responsible for framing the Treaty: British Resident James Busby, Consul and future Lieutenant-Governor William Hobson, and Colonial Office official James Stephen. Through groundbreaking scholarship, Fletcher concludes that the Maori and English texts of the Treaty reconcile, and that those who framed the English text intended Maori to have continuing rights to self-government (rangatiratanga) and ownership of their lands. This original understanding of the Treaty, however, was then lost in the face of powerful forces in the British Empire post-1840, as hostility towards indigenous peoples grew alongside increased intolerance of plural systems of government. The English Text of the Treaty of Waitangi enriches our understanding of the original purpose and vision of Te Tiriti o Waitangi/The Treaty of Waitangi and its foundational role in Aotearoa New Zealand.
- GenresNonfictionLaw
736 pages, Hardcover
First published January 1, 2022
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74 people want to read
About the author
Ned Fletcher
1 book1 followerLawyer and historian Ned Fletcher is a director of the Manukau-based law firm, Kayes Fletcher Walker Limited, which holds the warrant to prosecute all serious crime in South Auckland on behalf of the government. Following a law degree at Oxford University, Ned was awarded a PhD by the Law Faculty at the University of Auckland.
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Displaying 1 - 4 of 4 reviews
March 31, 2023
It took a while - but it was so worth it. Fletcher presents an exhaustive, carefully researched exposé of the emergence and initial interpretation of the Treaty of Waitangi, showcasing the different contemporary ethical, legal, and financial frameworks applied to it. The outcome of Fletcher's work reveals a clash between altruism and avarice, colonisation, and the universal human characteristics of vanity, duplicity, and selfishness. As is common in history, the latter triumphed.
Fletcher surmises that there is no discrepancy between the English and Māori versions of the Treaty, and there was no intent to be duplicitous. Fletcher closes with the statement: “It [the Treaty] was conceived, written and affirmed in good faith” (p. 529). So, it is the responsibility of the New Zealand people to adhere to the original intention rather than the subsequent history of the Treaty, and to remain faithful to the earnestness expressed by those who crafted it and signed it in good faith.
I hope to read this again, end-to-end, deliberately, and thoughtfully. There are many subtleties of argument and personalities to align, and legal precedents that together contribute to the Treaty and its unfolding interpretation.
Fletcher surmises that there is no discrepancy between the English and Māori versions of the Treaty, and there was no intent to be duplicitous. Fletcher closes with the statement: “It [the Treaty] was conceived, written and affirmed in good faith” (p. 529). So, it is the responsibility of the New Zealand people to adhere to the original intention rather than the subsequent history of the Treaty, and to remain faithful to the earnestness expressed by those who crafted it and signed it in good faith.
I hope to read this again, end-to-end, deliberately, and thoughtfully. There are many subtleties of argument and personalities to align, and legal precedents that together contribute to the Treaty and its unfolding interpretation.
June 13, 2023
This book is extremely impressive. It contains over 200 pages of notes & references. You can tell that Ned Fletcher has done his homework. It is also extremely dense and thus hard to read. At the very start Ned says that this is an adapted PhD, and it shows. The book feels like it was constructed in sections and then put together at the end - ie, there are scenes that are mentioned early in the book with no introduction or description, and then later in the book more information is given. This makes the book harder again to read.
There is an enormous amount of history in the book, and thus remembering who is who as the book progresses makes it harder & harder to read.
There are also no maps, no diagrams and no photos. Just a wall of words.
My rating is 5 stars for content, and 1 star for readability, resulting in 3 stars overall.
There is an enormous amount of history in the book, and thus remembering who is who as the book progresses makes it harder & harder to read.
There are also no maps, no diagrams and no photos. Just a wall of words.
My rating is 5 stars for content, and 1 star for readability, resulting in 3 stars overall.
March 2, 2024
I took about 18 months to pluck up the courage to begin reading this monumental doorstop! But once I started earlier this year I read through with compulsion and excitement similar to Michener’s Chesapeake and Texas that I read in 2023.
A book review I read 18 months ago let me to conclude ‘I must read this!’ But at the Auckland Book Week I was completely daunted by the near 1000 pages. In January this year I hosted a cousin in law from the United States. We inducted him to life in Aotearoa Nieuw Zeeland by touring up to Waitangi where we visited the new (2016) Treaty Museum. So in the museum bookstore I purchased my copy and began the journey. The good news is that Fletcher’s The Text is much, much shorter than one of Michener’s 1200 page 10 point Roman font epics! In fact, about 15 mm thickness of the book’s pages is taken by endnotes, bibliography, index and Appendixes. The Text is surely authoritative and ‘truthy’!
I felt a great sadness concluding the book knowing how within a decade the good, honest and fair ambitions of the treaty were effectively nullified leading to a devastating civil war the echoes of which reverberate loudly today.
One reviewer promised to reread The Text. Coincidentally, I did reread the Foreword and Introduction. That was a rewarding experience as I enjoyed several subtleties and connections earlier missed.
Frankly, no one should be permitted to opine on ‘What the Treaty Meant’ or ‘How The Treaty Should Be Modernised/Abandoned/Reformed for the 21st Century’ until they’ve read The Text …and sat an appropriate examination testing their understanding!
A book review I read 18 months ago let me to conclude ‘I must read this!’ But at the Auckland Book Week I was completely daunted by the near 1000 pages. In January this year I hosted a cousin in law from the United States. We inducted him to life in Aotearoa Nieuw Zeeland by touring up to Waitangi where we visited the new (2016) Treaty Museum. So in the museum bookstore I purchased my copy and began the journey. The good news is that Fletcher’s The Text is much, much shorter than one of Michener’s 1200 page 10 point Roman font epics! In fact, about 15 mm thickness of the book’s pages is taken by endnotes, bibliography, index and Appendixes. The Text is surely authoritative and ‘truthy’!
I felt a great sadness concluding the book knowing how within a decade the good, honest and fair ambitions of the treaty were effectively nullified leading to a devastating civil war the echoes of which reverberate loudly today.
One reviewer promised to reread The Text. Coincidentally, I did reread the Foreword and Introduction. That was a rewarding experience as I enjoyed several subtleties and connections earlier missed.
Frankly, no one should be permitted to opine on ‘What the Treaty Meant’ or ‘How The Treaty Should Be Modernised/Abandoned/Reformed for the 21st Century’ until they’ve read The Text …and sat an appropriate examination testing their understanding!
November 28, 2022
Five stars for the thinking and conclusions, but very very detailed and 'legal' in places. Admit to skimming a few times!
However, a very important contribution to the history and to present day understandings. In brief, the framers of The Treaty (in English; author very clear on this point) are shown to have been open to Māori self-governance alongside English 'sovereignty' and administration. The author argues the English version does not rule this plurality out; but allows for it. Key framers named as Hobson, Busby, Stephens (Colonial Office) with support from and agreement of British government.
Heaps of context which demonstrates that the concept of sovereignty itself was far from unanimously agreed upon within British colonial scenarios. e.g., federalism, 'first nations', absolute ownership vs usage...
Clear that those wanting to acquire land, and to settle the country, were working to agendas more likely to facilitate their purposes. Lobbying vigorously; drew upon precedents and thinking from other jurisdictions to bolster their cases. e.g., Doctrine of Discovery; availability of 'waste' lands...
Within the decade, settler arrivals and land alienation was overtaking Treaty.
However, a very important contribution to the history and to present day understandings. In brief, the framers of The Treaty (in English; author very clear on this point) are shown to have been open to Māori self-governance alongside English 'sovereignty' and administration. The author argues the English version does not rule this plurality out; but allows for it. Key framers named as Hobson, Busby, Stephens (Colonial Office) with support from and agreement of British government.
Heaps of context which demonstrates that the concept of sovereignty itself was far from unanimously agreed upon within British colonial scenarios. e.g., federalism, 'first nations', absolute ownership vs usage...
Clear that those wanting to acquire land, and to settle the country, were working to agendas more likely to facilitate their purposes. Lobbying vigorously; drew upon precedents and thinking from other jurisdictions to bolster their cases. e.g., Doctrine of Discovery; availability of 'waste' lands...
Within the decade, settler arrivals and land alienation was overtaking Treaty.
This entire review has been hidden because of spoilers.
Displaying 1 - 4 of 4 reviews