At the heart of the friction over the Treaty are differences in meaning between the 1840 English and Maori texts. Both documents were written hastily and there has been criticism that Henry Williams' translation was not accurate, or was misunderstood by the chiefs. Here are the official English and Maori translations and differences between them.
KEY POINTS:
Preamble
Her Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal favour 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 authorised 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 subjects has been graciously pleased to empower and to authorise me William Hobson a Captain in Her Majesty's Royal Navy Consul and Lieutenant Governor of such parts of New Zealand as may be or hereafter shall be ceded to her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions.
ARTICLE THE FIRST
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 rights and powers of sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective Territories as the sole Sovereigns thereof.
ARTICLE THE SECOND
Her Majesty the Queen of England confirms and guarantees 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 and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to her majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.
ARTICLE THE THIRD
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.
W HOBSON Lieutenant Governor.
Now therefore We the Chiefs of the 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 the 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 TEXT IN MAORI
PREAMBLE
Ko wikitoria, te Kuini o Ingarani, i tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga, me to ratou wenua, a kia mau tonu hoki te Rongo ki a ratou me te Atanoho hoki kua wakaaro ia he mea tika kia tukua mai tetahi Rangatira hei kai wakarite ki nga Tangata maori o Nu Tirani-kia wakaaetia e nga Rangatira maori te Kawanatanga o te Kuini ki nga wahikatoa o te Wenua nei me nga Motu-na te mea hoki he tokomaha ke nga tangata o tona Iwi Kua noho ki tenei wenua, a e haere mai nei. Na ko te Kuini e hiahia ana kia wakaritea te
Kawanatanga kia kaua ai nga kino e puta mai ki te tangata Maori ki te Pakeha e noho ture kore ana. Na, kua pai te Kuini kia tukua a hau a Wiremu Hopihona he Kapitana i te Roiara Nawi hei Kawana mo nga wahi katoa o Nu Tirani e tukua aianei, amua atu ki te Kuini e mea atu ana ia ki nga Rangatira o te wakaminenga
o nga hapu o Nu Tirani me era Rangatira atu enei ture ka korerotia nei.
KO TE TUATAHI
Ko nga Rangatira o te Wakaminenga me nga Rangatira katoa hoki ki hai i uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu-te
Kawanatanga katoa o o ratou wenua.
KO TE TUARUA
Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangitira ki nga hapu-ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te Wakaminenga me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te Wenua-ki te ritenga o te utu
e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.
KO TE TUATORU
Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini-Ka tiakina e te Kuini o Ingarani nga tangata maori katoa o Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani.
(Signed) W HOBSON,
Consul and Lieutenant-Governor.
Na ko matou ko nga Rangatira o te Wakaminenga o nga hapu o Nu Tirani ka huihui nei ki Waitangi ko matou hoki ko nga Rangatira o Nu Tirani ka kite nei
i te ritenga o enei kupu, ka tangohia ka wakaaetia katoatia e matou, koia ka tohungia ai o matou ingoa o matou tohu. Ka meatia tenei ki Waiangi i te ono o nga ra o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki.
Ko nga Rangatira o te wakaminenga.
DIFFERENCES:
PREAMBLE
English
This version states the British intentions were to protect Maori interests from the encroaching british settlement, to provide for British settlement and to establish a government to maintain peace and order.
Maori
The text suggests the Queen's main promises to Maori were to provide a government while securing tribal rangatiratanga (chiefly autonomy or authority over their own area) and maori land ownership for as long as they wished to retain it.
ARTICLE ONE:
English
Maori leaders gave the Queen "all the rights and powers of
sovereignty over their" land.
Maori
Maori gave the Queen forever "te kawanatanga katoa"- complete governance or government over their land.
Maori did not have a word for sovereignty instead they used
"kawanatanga", a word created by Pakeha and translated as
governorship. Maori believed this meant they kept authority to manage their own affairs and gave over a right of governance to the Queen in return for protection.
ARTICLE TWO:
English
Maori leaders and people, collectively and individually,
were guaranteed "exclusive and undisturbed possession
of their lands and Estates, Forests, Fisheries and other properties".
Maori
Maori were guaranteed "te tino rangatiratanga" - the
unqualified exercise of their chieftainship over their land "wenua", villages "kainga" and all their treasures "taonga katoa.
"Unqualified exercise" of the chieftainship would translate
as the Queen giving them complete control according to Maori custom.
Maori understood taonga (treasures) to be all things held precious, including language and culture - not just property.
English
Maori yielded to the Crown an "exclusive right of Preemption
over such lands".
Maori
Maori agreed to give the Crown the right to buy land from them should they wish to sell.
Some Maori believed the Crown had first option to buy land, rather than the exclusive right to it.
