The Treaty of Waitangi is a document of central importance to the history, to the political constitution of the state, and to the national mythos of New Zealand. It has played a major role in the treatment of the Māori population in New Zealand, by successive governments and the wider population, a role that has been especially prominent from the late 20th century. The treaty document is an agreement, not a treaty as recognised in international law and it has no independent legal status, being legally effective only to the extent it is recognised in various statutes. It was first signed on 6 February 1840 by Captain William Hobson as consul for the British Crown and by Māori chiefs from the North Island of New Zealand.
Tino rangatiratanga is a Māori language term that translates literally to 'highest chieftainship' or 'unqualified chieftainship', but is also translated as "self-determination", "sovereignty" and "absolute sovereignty". The very translation of tino rangatiratanga is important to New Zealand politics, as it is used in the Māori version of the Treaty of Waitangi to express "full exclusive and undisturbed possession" over Māori-owned lands and property, but different translations have drastically different implications for the relationship between the 1840 signatories: the British Crown and the Māori chiefs (rangatira).
Taonga or taoka is a Māori-language word that refers to a treasured possession in Māori culture. It lacks a direct translation into English, making its use in the Treaty of Waitangi significant. The current definition differs from the historical one, noted by Hongi Hika as "property procured by the spear" [one could understand this as war booty or defended property] and is now interpreted to mean a wide range of both tangible and intangible possessions, especially items of historical cultural significance.
The Declaration of the Independence of New Zealand, signed by a number of Māori chiefs in 1835, proclaimed the sovereign independence of New Zealand prior to the signing of the Treaty of Waitangi in 1840.
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown, in the period largely since 1840, that breach the promises made in the Treaty of Waitangi. The Tribunal is not a court of law; therefore, the Tribunal's recommendations and findings are not binding on the Crown. They are sometimes not acted on, for instance in the foreshore and seabed dispute.
Ngāpuhi is a Māori iwi associated with the Northland region of New Zealand and centred in the Hokianga, the Bay of Islands, and Whangārei.
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.
Claims and settlements under the Treaty of Waitangi have been a significant feature of New Zealand politics since the Treaty of Waitangi Act 1975 and the Waitangi Tribunal that was established by that act to hear claims. Successive governments have increasingly provided formal legal and political opportunity for Māori to seek redress for what are seen as breaches by the Crown of guarantees set out in the Treaty of Waitangi. While it has resulted in putting to rest a number of significant longstanding grievances, the process has been subject to criticisms including those who believe that the redress is insufficient to compensate for Māori losses. The settlements are typically seen as part of a broader Māori Renaissance.
The United Tribes of New Zealand was a confederation of Māori tribes based in the north of the North Island, existing legally from 1835 to 1840. It received diplomatic recognition from the United Kingdom, which shortly thereafter annexed it under the Treaty of Waitangi, an event that has largely shaped relations between the government of New Zealand and the Māori people since the 1960s.
The Māori protest movement is a broad indigenous-rights movement in New Zealand. While there were a range of conflicts between Māori and European immigrants prior to the signing of the Treaty of Waitangi in 1840, the signing provided a legal context for protesting, as the Treaty of Waitangi made New Zealand a British colony with British law and governance applying. The British authorities had drafted the Treaty with the intention of establishing a British Governor of New Zealand, recognising Māori ownership of their lands, forests and other possessions, and giving Māori the rights of British subjects. However, the Māori and English texts of the Treaty differ in meaning significantly; particularly in relation to the meaning of having and ceding sovereignty. These discrepancies, and the subsequent colonisation by Pākehā settlers led to disagreements in the decades following the signing, including full-out warfare.
The law of New Zealand uses the English common law system, inherited from being a part of the British Empire.
The New Zealand land confiscations took place during the 1860s to punish the Kīngitanga movement for attempting to set up an alternative, Māori, form of government that forbade the selling of land to European settlers. The confiscation law targeted Kīngitanga Māori against whom the government had waged war to restore the rule of British law. More than 1,200,000 hectares or 4.4 percent of land were confiscated, mainly in Waikato, Taranaki and the Bay of Plenty, but also in South Auckland, Hauraki, Te Urewera, Hawke's Bay and the East Coast.
The South Island Landless Natives Act 1906 (SILNA) was an Act of Parliament passed in New Zealand.
The New Zealand Māori Council is a body representing and consulting the Māori people of New Zealand. The council is one of the oldest Māori representative groups. Recently, the council increased its focus on social challenges and issues that impact its constituents, with one example being the COVID-19 pandemic. It is now developing ideas and programs that reduce barriers faced by Maori.
The judiciary of New Zealand is responsible for the system of courts that interprets and applies the laws of New Zealand. It has four primary functions: to provide a mechanism for dispute resolution; to deliver authoritative rulings on the meaning and application of legislation; to develop case law; and to uphold the rule of law, personal liberty and human rights. The judiciary is supported in its work by an executive department, the Ministry of Justice.
The Principles of the Treaty of Waitangi, in New Zealand law and politics, are a set of principles derived from, and interpreting, the Treaty of Waitangi. They are partly an attempt to reconcile the different te reo Māori and English language versions of the Treaty, and allow the application of the Treaty to a contemporary context.
The Minister for Treaty of Waitangi Negotiations, otherwise known as the Treaty Negotiations Minister or the Minister of Treaty Negotiations, is a minister in the Government of New Zealand. The minister is tasked with multiple duties including, but not limited to, overseeing the negotiations of Treaty of Waitangi claims and settlements. The Minister falls under the jurisdiction of the Ministry of Justice.
Mana motuhake is a phrase in the Māori language that means self determination, with the principle being autonomy and control. It is sometimes translated to the concept of sovereignty.
Te Paparahi o Te Raki is a significant claim brought before New Zealand's Waitangi Tribunal by the hapu of Ngāpuhi.
The Waikato Raupatu Claims Settlement Act 1995 is an act of the New Zealand Parliament passed into law in 1995. It was the first act implementing a major historical Treaty of Waitangi settlement since the Treaty of Waitangi Act 1975 was amended in 1985 to allow the Waitangi Tribunal to investigate historic breaches of the treaty.
