Constitutional Intentions: The Treaty Texts

Abstract

This chapter provides a detailed analysis of the language and intent of the Māori language Te Tiriti o Waitangi and the English Treaty of Waitangi. It provides a brief background on the nature of treaties entered into by the British with Indigenous peoples and the reason and context for Māori wishing to enter into an international agreement with the Queen of England. It also provides an overview of previous translations of Te Tiriti o Waitangi into English. Examination of the two documents finds they are totally different in their approach and intent. The Māori language treaty is one of peace and friendship. This was the treaty agreed to and signed at Waitangi. The English document is curious, obscure and odd. It is a treaty of cession of sovereignty. It was not agreed to or signed at Waitangi and has no standing. Te Tiriti, on the other hand, is the country's founding document and provides the foundation for a written constitution.