Monday, 10 November 2025

Rangatiratanga means "Ownership"

 IT MIGHT SURPRISE YOU to know, since so much hangs upon it, that the Treaty's term 'tino rangatiratanga' is 'a missionary neologism'—one of many. [1] Its root word is ‘rangatira,’ which was of course an original te reo word meaning ‘chief.’ This new word coined by Williams then stresses the power, authority, and agency of the chief.


Article Two of Te Tiriti promises to preserve tino rangatiratanga; courts have interpreted this in various ways to mean that chiefs (Rangatira) retain some kind of chiefly power. But Te Tiriti itself fails to fully clarify of what that power consists. [2] Lawyers since have taken advantage of this imprecision by arguing that it means some kind of chiefly sovereignty (although not over the whole country, since each iwi only extended so far). Ned Fletcher and others have argued since that the English text agrees with this idea, saying that the sovereignty ceded by the Treaty was “compatible with ongoing tribal self-government,” suggesting then that “tino rangatiratanga” means Māori self-government. 

His view is both an expansion and a clarification of the mainstream view of what “tino rangatiratanga” might mean.

Context is important. Like most law, Te Tiriti is hierarchical. Article One focusses on sovereignty; Article Two has a focus on land and resources. There was a logical progression from one Article to another, with the first Article, logically and in law, taking precedence. Sovereignty first, then clarifying what that sovereignty is for.

So with this context then, what is chieftainship about? Answer: It is primarily about ownership — about ownership of that land and those resources. But it is ownership in a "chiefly" sense, analogising the control of a chief over a tribe's land and resources to that of a property right. In his book One Sun in the Sky, author Ewen McQueen explains why Williams's translation reverts to the collective to offer this guarantees:
It is true that in translation Henry Williams has taken an approach that better aligns with the more [collectivist] Māori world-view, rather than the more individualistic European outlook. As such the Māori version does not refer to individuals holding exclusive possession of property. Instead we find chiefs exercising “chieftainship over the lands, villages and all their treasures. [3]
In seeking to find a te reo word to describe the unfamiliar concept of property rights, Williams has unfortunately conflated a legitimate recognition of an individual right to property with a non-existent claim to a collective right. "But the expression 'collective rights' is a contradiction in terms.” [4]

This then makes for a disastrous confusion. Confusion, because the intent of Article Two is to impart property rights, an individual right. But the reference to chieftainship is about collective tribal rights over land.  Disastrous because Te Tiriti should have treated all Maori as individuals instead of as members of a tribe. But it really does nothing of the sort except by implication.

Instead, as written, it cemented in and buttressed the tribal leadership and communal structures that already existed here —encouraging the survival of this wreck of a system until morphing, as it has today, into this mongrelised sub-group of pseudo-aristocracy: of Neotribal Cronyism. 

Nonetheless, as [former Chief Justice] William Martin wrote in 1860,
"This tribal right is clearly a right of property… To themselves they retained what they understood full well, the ‘tino Rangatiratanga,’ ‘full Chiefship,’ in respect of all their lands…’” [5]
This is not trivial. This is why sovereignty, was ceded.

“EVEN THE 'TINO' OF the Māori version is better understood in this context,” argues McQueen. “It does not mean that the chiefs’ authority is unqualified in a government sense. Rather it is Henry Williams’s translation of how the chiefs would retain possession of the lands, forests and fisheries. The English version emphasised such possession would continue ‘full exclusive and undisturbed.’ Williams has rendered this concept as ‘tino’ rangatiratanga. It is about Māori retaining full agency over their land and resources. It is not a statement about unqualified political sovereignty.” [Emphasis mine.]

So “rangatiratanga” relates to ownership. “Tino” gives force to this relationship, giving it the force of a property right.

NOTES:
[1] Paul Moon, The Path to the Treaty of Waitangi, David Ling Publishing, (2002) p. 147

[2] Hugh Kawharu back-translates te tino rangatiratanga as 'the unqualified exercise of their chieftainship,' which doesn't quite clarify things, although the next phrase tries, the Queen guaranteeing "to protect the Chiefs, the subtribes and all the people of New Zealand in the unqualified exercise of their chieftainship over their lands, villages and all their treasures ..."
    In Ned Fletcher's reconstructed English text, the corresponding phrase is "full exclusive and undisturbed possession of their Lands and Estates, Forests Fisheries and other properties ... "

[3] Ewen McQueen, One Sun in the Sky, Galatas Press (2020), p. 42-43. 

[4] Ayn Rand, ‘Collectivized Rights,’ in The Virtue of Selfishness, New York, Signet, June 1963

[5] William Martin, The Taranaki Question, The Melanesian Press(1860), p. 9.
[This post is based on the 2024 post at my NZ History blog: 'POSTSCRIPT 2: Rangatiratanga as Ownership'

RELATED:

Monday, 3 November 2025

"AOTEAROA, IT IS WIDELY ASSUMED, is the original ‘indigenous name’ for New Zealand...."

 

"Some of the major King Movement meetings were held at a
village called Aotearoa, some eight kilometres east of Te Kuiti.
It was still known by that name at the end of the century."
"AOTEAROA, IT IS WIDELY ASSUMED, is the original ‘indigenous name’ for New Zealand. It is certainly the ‘modern’ name favoured by many Māori and others. But our current common use and understanding of the name was probably not in existence before Western contact....
    "Māori appear not to have had a name for what is now called New Zealand. The North Island was Te Ika a Maui – the fish of Maui – and the South Island Tewaipounamu, or the rivers of greenstone. The latter also had other names in legend ...
    "The origins of Aotearoa are obscure. George Grey’s 'Polynesian Mythology' (1855) is sometimes credited with the first written use of the term when he recounted the legends of Maui, saying that the 'greater part of his descendants remained in Hawaiki, but a few of them came here to Aotearoa… (or in these islands).'
    "But there are now long recognised problems with accepting at face value early European interpolations of tribal ‘traditions’. ... [T]here are some traditional generic notions common through much of eastern Polynesia, such as the idea that islands were hauled up from the dark depths into the light, which is where the term Aotea, or dialectical equivalent, as light may have some relevance – perhaps not so much as a specific island name, but as a place that become light. So it is possible the words Aotea, or Aotearoa, were sometimes used, but not in the sense they are commonly used today.
    "For example, it is revealing that the Māori Declaration of Independence of 1835 which asserted the authority of the ‘Independent Tribes of New Zealand’ has both Māori and English versions. The Māori version of New Zealand is ‘Nu Tereni,’ a Māori pronunciation of the English name. Aotearoa is not used.
    "The English version of the 1840 Treaty of Waitangi has several references to the ‘Tribes of New Zealand’, ‘Chiefs of New Zealand’, ‘Natives of New Zealand’. The Māori version, it might be expected, would use the word Aotearoa, if it was in common usage. Instead it translates ‘New Zealand’ as ‘nu tirani’.
    "William Williams’ Māori dictionary, first published in 1844, has no entry for Aotearoa.

"THE EARLIEST REFERENCE I have found in New Zealand’s newspapers is in the Māori language [government newspaper] 'Māori Messenger,' 1855, which mentions Aotearoa which it equated to ‘Nui Tireni.'
    "So it is likely that the word Aotearoa may have had some currency, though it seems not to have been in widespread or specific use. And maybe Grey’s poetic hand [for he was Governor again at the time] is there somewhere? ...
    "But the increasing usage of Aotearoa from about mid-century does have traceable origins in Māori tribal locations and politics in the colonial period, and particularly with the emergence of the Māori King Movement in the Waikato in the late 1850s, early 1860s. Some of the major King Movement meetings were held at a village called Aotearoa, some eight kilometres east of Te Kuiti – but not in more recent times? The village was also then, and is now still called Rangitoto.
  

    "Also in the 1860s there are examples of the use of the phrase ‘the island of Aotearoa’ meaning the North Island. This usage continued throughout the century. The setting up of King Tawhio’s Great Council, or Kauhanganui, in 1892 comprised, it claimed, ‘the Kingdom of Aotearoa and the Waiponamu,’ meaning both the North and South Islands. 
    "It is likely that King Movement political aspirations may lie behind the claimed increasing geographic size of the region purported to be Aotearoa. But it was mostly wishful thinking in practical terms. While many Maori throughout New Zealand may have been in support of the King Movement’s general aims, most were far too independent to kowtow to its mana. At least one acerbic commentator noted Tawhiao’s nation-wide ‘constitution’ for ‘the Maori Kingdom of Aotearoa’ amounted only to ‘practically what is termed the King country.’

"THOMAS BRACKEN'S NEW ZEALAND [1870s] anthem was translated into Māori [in 1878] by T.H. Smith. New Zealand he called Aotearoa. This meaning was further entrenched with W.P. Reeves’ 1898 history of New Zealand with the title 'The Long White Cloud: Ao Tea Roa.' James Cowan’s 1907 version is entitled 'New Zealand, or Ao-te-roa (The Long Bright World).' Johannes Andersen, in the same year, published 'Māori Life in Aot-ea.'
    "The now common specific ‘translation’ of Aotearoa as ‘the land of the long white cloud’ probably became more established from the 1920s or 30s.
    "Both Bracken and Reeves are commonly credited with first inventing the word Aotearoa. They did not, but they helped embed the modern view among both Māori and Pākehā that Aotearoa means and is the ‘indigenous’ term for all of New Zealand. ..."
~ Professor Kerry Howe, from his 2020 post 'Aotearoa: What’s in a name?' (Kerry Howe is an internationally regarded academic for his 11 books on aspects of the prehistory, history and cultures of New Zealand and the Pacific Islands)

Monday, 27 October 2025

Sovereignty


Cretin on a rope

MĀORI RANGATIRA NEVER CEDED SOVEREIGNTY say various parties including the Waitangi Tribunal, law professors at the University of Auckland and VUW, and the protestors who dangled in front of Te Papa's Treaty display yesterday and began defacing it.

Because of the difference between the Treaty and Tiriti, said protestors yesterday, Māori at the various Tiriti signings never agreed to what the English translation claimed. Protestors' spokesperson Haimana Hirini said "the English Treaty of Waitangi text was not a translation because it incorrectly stated that Māori ceded sovereignty."

Mr Hirini thinks he knows better than the many Māori who spoke at the various signings around the country in 1840, who were --apparently -- confused. As were the many who, at Kohimarama twenty years later, reaffirmed their decision to sign. Confused, all of them.

Including the rangatira Maihai who, at the Mangungu hui in the Hokianga, said (in opposing the signing) that he would be agreeing to "Kwini Wikitoria" being "the great chief here." [1] (Which was true.)

And the rangatira Raumati, who supported the signing, who told Hobson, "I say come, come now it is for you to direct us and keep us in order."[2]

Or at the Kaitaia signing, where Chief Nopera Panakareao said the new Kawana would be "a helmsman for our canoe." [3]

Or at Waitangi itself, the first signing, when the day began with opposition from several rangatira, including Tareha, of the Ngatirehia tribe, who objected: "We only are the chiefs, rulers. We will not be ruled over. ... Thou high, and I, Tareha, the great chief of the Ngapuhi tribes, low!" [4] He clearly understood the position proposed. And he signed.

And Kawiti, rangatira of the Ngatihine tribe, who objected initially on the understanding that the Kawana would have the power to regulate, saying in horror, "What! ... even I, Kawiti, must no paddle this way, nor paddle that way, because the Governor said 'No' ..." [5] (He signed.)

Or Te Kemara, a rangatira of the Ngatikawa, who clearly understood that agreement would mean the Kawana having police power: "If thou stayest as Governor, then, perhaps, Te Kemara will be judged and condemned. Yes, indeed, and more than that--even hung by the neck. No, no, no. ... Were all to be on an equality, then, perhaps, Te Kemara would say 'Yes'; but for the Governor to be up and Te Kemara down--Governor high up, up, up, and Te Kemara down low, small, a worm, a crawler--No, no, no." [6]  He too understood that, like Roman governor Pontius Pilate in the New Testament (which had been recently translated into te reo and was enormously popular -- with the word governor transliterated therein as "kawana") the kawanatanga to be exercise, and thus ceded by signatories in Te Tiriti, could mean the power of life and death. (He too signed, but not before confessing that Bishop Pompallier had told him "not to write upon the paper, for if he did he would be made a slave." [7])

But not one of the speakers in any of the meetings recorded, even speaking in opposition, used the term "partnership." And no assurance was given anywhere that chiefs would be "up high" with governor in authority, somehow sharing power. The positions were clear to all. Like Pilate's governorship, Hobson's kawanatanga would mean only the Kawana would be "up."

These rangatira were very far from confused, and several had already seen something of the world beyond these shores. Rewa, chief of the Ngaitawake tribe for example, who also initially object to signing saying that "we," the rangatira, "are the Governor--we, the chiefs in our fathers' land. ... What! this land to become like Port Jackson and all other lands seen [or found] by the English. No, no." [8] (He too signed, after saying that Bishop Pompallier "had striven hard with him not to sign" as well. [9])

It was Tamati Waka Nene who turned the day at that first signing on the morning of February 6th: he "rushed into the tent attended by chiefs and other followers" to give "an address to his countrymen in a strain of fervid and impassioned eloquence..." [10] After damning many of the misbehaving "strangers," "foreigners" and "grog-sellers" who covered the land around Korareka -- "even as the grass and herbage" -- Nene turned to Hobson and concluded: "Do not thou go away from us; remain for us--a father, a judge, a peacemaker. ... Stay though, our friend, our father, our Governor. ... Do not listen to what 'the chiefs of ] Ngapuhi say. Stay thou, our friend, our father, our Governor. "[11]

A friend. A father. A judge. A peacemaker. A Governor with elevated authority above the rangatira, with the power to rule, to regulate, to exercise police power -- with the very power of life and death if necessary.

Many of the speakers, it's true -- too many -- picked up on the idea of the Kawana being a "father." Which was certainly unfortunate, and was not corrected. But a judge. And a peacemaker. That was valuable.

But perhaps it was intended, even so, that the Governor/Kawana only have sovereignty over settlers? Not so, Hobson corrected a rangatira at the Hokianga meeting, who had expressed that view, explaining calmly that "English laws could only be exercised on English soil."[12]


IT MIGHT STILL BE THOUGHT that, perhaps, rangatira remained confused, and were only signing because they thought the "strangers" and "foreigners" would remain in low numbers, and could be ignored. Yet, two decades later, at Kohimarama, while the Kingitanga in the Waikato were expressing violent opposition to the government, and after "tangata Tiriti" now outnumbered tangata whenua in these islands (this point was officially passed in 1858[13]), several of these same signatories were invited to reaffirm their support for Te Tiriti. Which they did, Tamati Waka Nene telling listeners why he had supported the signing so vehemently:

0 people listen: These are my words for ourselves to Speak about the Governor and about the Pakehas. I am not accepting the Pakeha for myself alone but for the whole of us. My desire when Governor Hobson arrived here was to take him as our Governor in order that we might have his protection. Who knows the mind of the Americans or that of the French? Therefore I say let us have the English to protect us. Therefore my friends, do I say, let this Governor be our Governor and this Queen our Queen. Let us accept this Governor, as a Governor for the whole of us. Let me tell you, ye assembled tribes, I have but one Governor. Let this Governor be a King to us. Listen again, ye people! When the Governor came here he brought with him the Word of God by which we live; and it is through the teaching of that Word that we are able to meet together this day under one roof. Therefore I say, I know no King but the Queen [i.e., he rejected the Māori king] and I never shall know any other. I am walking by the side of the Pakeha. Mr. McLean, this is all I have to say. People of the Runanga I have finished.[14]
The putative host for the hui, Paora Tuhaere of Ngati Whatua o Orakei agreed, saying:
Hearken, all ye people to my words! These were my words to the first Governor, to the second Governor and to the third Governor: I want the Laws of England. Hearken, ye people, two things commend themselves to my mind - the Governor and the Queen. For thereby do we, both Pakeha and Maori, reap good. This is my speech. The best riches for us are the Laws of England. [15]
"The Kohimarama Conference had begun with then Governor Gore Browne recalling to those assembled (including more than 100 rangatira from Nga Puhi in the north to Ngai Tahu in the south):
On assuming the Sovereignty of New Zealand Her Majesty extended to her Maori subjects her Royal protection, engaging to defend New Zealand and the Maori people from all aggressions by any foreign power, and imparting to them all the rights and privileges of British subjects; and she confirmed and guaranteed to the Chiefs and Tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess, so long as it is their wish to retain the same in their possession.
    In return for these advantages the Chiefs who signed the Treaty of Waitangi ceded for themselves and their people to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which they collectively or individually possessed or might be supposed to exercise or possess.
The astute reader will notice that these are almost exactly the words to which yesterday's protestors expressed such violent objection -- that is  to say, almost a recapitulation of the Treaty terms.

The Conference itself concluded on 10 August 1860 with rangatira gathered there giving unanimous agreement that:
the several Chiefs, members thereof, are pledged to each other to do nothing inconsistent with their declared recognition of the Queen's sovereignty and of the union of the two races ... [16]
It was Apirana Ngata six decades later who reminded Māori that 
The Government placed in the hands of the Queen of England, the sovereignty [mana] and the authority to make laws. ... it made the one law for the Maori and the Pakeha. If you think these things are wrong and bad then blame our ancestors who gave away their rights in the days when they were powerful.
Those ancestors were not stupid. They knew what they were about, and and had a pretty fair idea of what they were promised.

But perhaps they knew less about what they were agreeing to and signing than the geniuses who took power tools yesterday to Te Papa to make their argument.

NOTES:
1. Waitangi Tribunal 2014, p. 380
2. Waitangi Tribunal 2014, p. 383
3. Lindsay Buick, The Treaty of Waitangi, 1914, p. 150
4. W. Colenso, The Authentic and Genuine History of the Signing of the Treaty of Waitangi, 1890 facs., Government Printer, (reprint, 1971, by Caxton Press) p. 24
5. Colenso, p. 22
6. Colenso p. 17
7. Colenso, p. 34
8. Colenso, p. 19
9. Colenso, p. 34
10. Felton Mathew, The Founding of New Zealand: The Journals of Felton Mathew, ed. Rutherford, 1940, (AH & AW Reed for Auckland University College) p. 37
11. Colenso, p. 27
12. Waitangi Tribunal 2014, p. 380
13. "In 1858 [Māori] were estimated at 56,049, of whom 31,667 were males and 24,303 were females." History of New Zealand, Rusden, Vol II. ch. 12. Population of non-Maori was now 59,328. [Stats NZ]
14. Te Karere MaoriJuly 13th, 1860, p. 15
15. ibid
16. Claudia Orange, in her discussion of the Kohimarama Conference ("possibly the most important gathering of chiefs since Waitangi," p. 77), notes that "sovereignty" was translated in the proceedings as "mana." Ref: 'The Covenant of Kohimarama,' NZ Journal of History, July, 1980, pp74-75
17. Proceedings of the Kohimarama Conference, comprising Nos. 13 to 18 of The Maori Messenger

Monday, 20 October 2025

"Reputable historians do not present grown human beings as innocent children, or confused savages, incapable of understanding the political, economic and military realities of their time."

 "History, like so many other subjects, has become a bitterly contested ideological ground. A discipline where angry partisans struggle for supremacy.

    "For the moment, at least, the upper hand [in NZ] lies where it has lain for the past 50 years – with the [Waitangi] Tribunal. For most of that time New Zealanders assumed that those weighing the evidence which claimants brought before the Tribunal were dispassionate professionals. Only relatively recently has it become clear that the Tribunal’s 'history' is little more than compensatory fiction, composed by Māori and/or Māori-identifying “historians” to clear the way for the Crown’s acknowledgement of wrong-doing and, ultimately, to secure compensation for the manifold sins of our colonial fathers. ...
    "[The Tribunal is clearly in steadfast agreement with] Māori Treaty historians. Māori scholars, and their allies, [who] present colonisation as an unmitigated disaster: an historical catastrophe from which the indigenous people of New Zealand are only now beginning to recover. ...
    "Its reports are based on the testimony of the aggrieved, and upon their carefully curated historical grievances. Only to this 'evidence' does the Tribunal accord the status of unchallengeable truth. And only these, the Tribunal’s truths, are allowed to prevail over what is invariably characterised as the evil historical choices of the Crown.
    "That this Manichean historiography cannot help but infantilise Māori, turning them into trusting dupes of the wicked Pakeha, and denying them the dignity of effective historical agency, is deemed an acceptable price to pay by a Waitangi Tribunal determined to deliver to Māori claimants a browbeaten and guilt-ridden Crown. ...
    "Reputable historians do not present grown human beings as innocent children, or confused savages, incapable of understanding the political, economic and military realities of their time. Nor do they construct frankly ridiculous constitutional scenarios in which the British Government of 1840 was happy to share power ... Since 2014, the Waitangi Tribunal has been indulging in what might best be called 'Bridgerton History' – i.e. refashioning the realities of the past to meet the ideological specifications of the present."

~ Chris Trotter, from his column 'Contested Ground'

Monday, 13 October 2025

"New Zealand was born free without having to become so"

 "Self-government and the rule of law came to New Zealand from above. These great principles were ordained by imperial authority. The result, to paraphrase de Tocqueville, was that New Zealand was born free without having to become so. It never had to fight for self-government, or win its rights by armed struggle."

~ Historian David Hackett Fischer, from his book Fairness and Freedom: A History of Two Open Societies: New Zealand and the United States

Monday, 6 October 2025

Governor Grey who would frequently “quote Carlyle’s theory of despotism as the best of all systems of colonial government.”

 

"In my interview with economist David Henderson, I asked him how economics came to be called the 'dismal science.' The source, he explained, was Thomas Carlyle, the nineteenth-century historian and essayist. The surprising reason for his coining the phrase? Carlyle was attacking free-market liberals for advocating the end of slavery.
    "Free-market liberals argued that all men were equally deserving of freedom, so the slaves should be emancipated. Carlyle counter-argued — with strong agreement from Charles Dickens and John Ruskin, two other strong critics of free-market capitalism — that blacks were unequal to whites and so undeserving and incapable of freedom. Giving slaves freedom, they believed, would lead to dismal social consequences.

    "Here is a fine essay by David Levy and Sandra Peart with the sorry details: “The Secret History of the Dismal Science. Part I. Economics, Religion and Race in the 19th Century.”
    "The image, as Levy and Peart explain, shows Ruskin as a white knight slaying a black man dressed in gentlemen’s finery and holding a book entitled 'Wealth of Nations,' Adam Smith’s treatise being a major work in the free-market capitalist tradition."

PS: Notable, I think, that Carlyle has also been called one of the founding fathers of fascism, and was also a major influence on New Zealand's Governor Grey, who would frequently “quote Carlyle’s theory of despotism as the best of all systems of colonial government.”[1]

[1] Kennedy, A. New Zealand (1873), 143, 147; cited in Rutherford, Sir George Grey (1961), p.283 

Monday, 29 September 2025

Again, why did chiefs sign?

  

p. 62, Michael Belgrave's Historical Frictions

"[Historian Michael] Belgrave argued* that a study of the debates that took place at the Treaty meetings revealed that they were mostly about land and religion, rather than sovereignty, indeed that these matters overshadowed everything else. ...
     "[O]ne of the most important messages the chiefs would have taken away from what the British or Pākehā advocates of the Treaty had declared was that Māori would be protected in their lands, and that this was a vital consideration for those who agreed to sign ...
    "Belgrave argued that while the Treaty was made in a world in which Māori remained dominant, the chiefs were acutely aware that times were changing and they felt vulnerable, and that in these circumstances they believed it made sense to sign the Treaty and hoped that the British Crown would uphold the promises it had given ...
    "He held that a properly historical account revealed ... [that] by the time the Treaty was made, Māori had adopted, adapted and adjusted [to] the European ideas they had encountered ...
    "[T]he ‘modern’ interpretation of the Treaty [however] — which he attributed to those he called ‘non-historians’, thereby obscuring the role that academic historians, most of all Claudia Orange, had played in its creation — ... had become so preoccupied with the texts that it had become blind to matters of context. ... 
    "[T]he worldview that informed [chiefs'] understanding of it in 1840 had become opaque to contemporary readers because of an undue focus on the written texts. In and of themselves, he held, the texts were extremely limited sources on which to base any historical interpretation ... [and so] the story the Tribunal had been telling was more or less a fiction or an invented history ..."

~ Bain Attwood, from his 2023 book A Bloody Difficult Subject
* In his 2005 book Historical Frictions: Maori Claims & Reinvented Histories, esp. pp. 46-66