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The chief objects I have in view are:—
As finally adopted and signed by upwards of five hundred of the principal Chiefs (512), on February 6, 1840. The Treaty of Waitangi appeared in the following form, which we here insert for the sake of easy reference, as the English document only appears once in these pages: —
Her Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, regarding with Her Royal Favor the Native Chiefs and Tribes of New Zealand, and anxious to protect their just Rights and Property, and to secure to them the enjoyment of Peace and Good Order, has deemed it necessary, in consequence of the great number of Her Majesty's subjects who have already settled in New Zealand, and the rapid extension of Emigration both from Europe and Australia which is still in progress, to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any part of those islands. Her Majesty, therefore, being desirous to establish a settled form of Civil Government, with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the Native population and to her Majesty's subjects, has been graciously pleased to empower and authorize me,
The Chiefs of the Confederation of the United Tribes of New Zealand, and the separate and independent Chiefs who have not become members of the Confederation, cede to Her Majesty the Queen of England, absolutely and without reservation, all the said Confederation or Individual Chiefs respectively exercise or to possess, or may be supposed to exercise or to possess, over their respective Territories as the sole Sovereigns thereof.
Her Majesty the Queen of England confirm and guarantees to the Chiefs and Tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive, and
In consideration thereof, Her Majesty the Queen of England extends to the Natives of New Zealand Her Royal protection, and imparts to them all the Rights and Privileges of British subjects.
Now, therefore, we, the Chiefs of Confederation of the United Tribes of New Zealand, being assembled in Congress at Victoria, in Waitangi, and we, the Separate and Independent Chiefs of New Zealand, claiming authority over Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof; in witness of which we have attached our signatures or marks at the places and the dates respectively specified.
Done at Waitangi, this sixth day of February, in the year of our Lord one thousand eight hundred and forty.
The first meeting at which this Treaty was presented to the Northern Chiefs for their approval and adoption was held at Mr. Busby's station, at Waitangi, on the 5th and 6th February, 1840; and which was fully reported by the Lieutenant-Governor to His Excellency Sir George Gipps, in the following despatch:
Her Majesty's Ship "Herald,"Bay of Islands, 5th February, 1840. Sir,—I have the honor to acquaint Your Excellency that immediately on my arrival here I circulated notices, printed in the Native languages, that on this day I would hold a meeting of the Chiefs of the Confederation, and of the high Chiefs who had not yet signed the Declaration of Independence, for the purpose of explaining to them the commands I had received from Her Majesty the Queen, and of laying before them the copy of a Treaty which I had to propose for their consideration.
Accordingly, a vast number of Chiefs, with a multitude of followers, crowded in from every quarter, and at 12 this day they assembled under the spacious tents, decorated with flags, which had been previously erected at Waitangi by the direction of Captain Niaz, of this ship.
And so on with several other despatches of Lieutenant-Governor Hobson to His Excellency Sir George Gipps, and also to the Secretary of State for the Colonies.
With the foregoing remarks and extracts from Parliamentary documents, we leave these sheets to the scrutiny of all interested inquirers. However curious they may appear now, they will become much more so as time rolls on; and whatever may be the opinions of the present or future generations as to the policy adopted in 1840, it is certain that, without some such agreement between the two races as was determined by "The Treaty of Waitangi," the Queen's authority and government would never have been so peaceably admitted and established in this country.
H. Hanson Turton. Wellington, 10th. April, 1887.
"The New Zealand Constitution Act, 1852."— 15 and 16 Victoria, Cap. 72, Sec.71.
Her Majesty may cause Laws of Aboriginal Native Inhabitants to be maintained.
Passed
Section 71.—And Whereas it may be expedient that the Laws, Customs, and Usages of the Aboriginal or Native Inhabitants of New Zealand, so far as they are not repugnant to the general principles of Humanity, should for the present be maintained for the Government of themselves, in all their relations to and dealings with each other, and that particular districts should be set apart within which Laws, Customs, or Usages should be so observed. It should be lawful for Her Majesty, by any Letters Patent to be issued under the Great Seal of the United Kingdom from time to time to make Provisions for the purposes aforesaid, any repugnancy of any such Native's Laws, Customs, or Usages, to the Law of England or to in any part thereof, in any wise notwithstanding.
Ko Aku Tino Whakaaro Koia Enei:—
Ko Wikitoria, te Kuini o Ingarangi, i tana mahara atawhai ki nga Rangatira me nga Hapu o Nui Tireni, i tana hiahia hoki kia tohungia kia ratou o ratou Rangatiratanga, me o ratou whenua a kia mau tonu hoki kia ratou, Kua whakaaro ia he mea tika kia tukua mai tetahi o nga Rangatira hei kaiwhakarite ki nga tangata Maori o Niu Tireni. Kia Whakaaetia e nga Rangatira Maori Te Kawanatanga o te Kuini, ki nga wahi katoa o te whenua nei me nga motu. Na te mea hoki he tokomaha ke nga tangata o tona Iwi kua noho ki tenei whenua, a e haere mai nei. Na ko te Kuini e hiahia ana kia whakaritea te Kawanatanga, kia kaua ai nga kino e puta mai ki nga tangata-Maori ki nge Pakeha e noho ture kore nei.
Na kua pai te Kuini kia tukua ahau, a
Ko nga Rangatira o te Whakaminenga me nga Rangatira katoa hoki, kihai i uru ki taua Whakaminenga, ka tuku rawa atu ki te Kuini o Ingarangi ake tonu atu Te Kawanatanga katoa o o ratou whenua.
Ko te Kuini o Ingarangi ka whakarite ka whakaae ki nga Rangatira, ki nga Hapu, ki nga tangata katoa o Niu Tireni, te tino rangatiratanga o o ratou whenua, o ratou kaainga, me o ratou taonga katoa. Otira, ko nga Rangatira katoa atu, ka tuku kia te Kuini te hoko o era wahi whenua ki te pai te tangata nona te whenua, ki te ritenga o te utu e whakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.
Hei whakarite mai hoki tenei mo te whakaaetanga ki te Kawanatanga o te Kuini. Ka tiakina e te Kuini o Ingarangi nga tangata-Maori katoa o Nui Tireni. Ka tukua kia ratou nga tikanga katoa rite tahi kia ana mea ki nga tangata o Ingarangi.
Na, Ko matou ko nga Rangatira o te Whakaminenga o nga Hapu o Niu Tireni ka huihui nei ki Waitangi. Ko matou hoki ko nga Rangatira o Nui Tireni, ka kite nei i te ritenga o enei kupu, ka tangohia, ka whakaaetia katoatia e matou. Koia ka tohungia nei o matou ingoa o matou tohu.
Ka meatia tenei ki Waitangi i te ono o nga ra o Pepuere i te tau kotahi mano, e waru rau, e wha tekau, o to tatou Ariki.
E taea ana e te Kuini te mea kia hanga me te tiaki hoki i nga Ture mo nga Iwi Maori.
No te
Tekiona 71.—Na reira e Tika ana kia hanga he Ture i runga i nga ritenga me nga mahi katoa mo nga Iwi Maori o Nui Tireni no o ratou tupuna iho ano, tuku iho tuku iho, ko nga tikanga rereke kai tangata nei me kape atu, me tino hohoro te whakaae i tenei taima tonu, he Kawanatanga mo ratou ake ano, mo a ratou mahi, me a ratou meatanga katoatanga, a etahi Iwi ki etahi Iwi ano o ratou, ara, me ata whakaaro. Ka wehe rawa atu ai he takiwa, hei taunga iho, mo aua Ture Maori katoa no ona tupuna tuku iho tuku iho. Na, he mea tino tika rawa ia ma te Kuini i runga i te Reta Tapu (Peitana) e whakaputa atu i raro o te Hiiri Nui o te Rangatiratanga o Ingarangi ki te hanga Ture hoki i ia wa i ia wa, hei whakamana. Koia kua korerotia i runga ake nei. Ko aua Ture katoa a te Maori, me aua ritenga me aua mahi katoa hoki o mua tuku iho tuku iho, me mahi katoa ano kaua ia e rereke rawa atu i nga Ture o Ingarangi, me ona wahi katoa hoki e mohiotia iho nei koia ano ia.