Treaty of Waitangi

The signing of the Treaty of Waitangi, February 6th, 1840. A picture by Marcus King. A modern reconstruction of the signing showing Tamati Waka Nene signing the treaty in front of James Busby, William Hobson and other British officials and witnesses. Some Māori signatories assembled on the left. Permission of the Alexander Turnbull Library, National Library of New Zealand Te Puna Mātauranga o Aotearoa, must be obtained before any re-use of this image.

New Zealand's Founding Document

Signed on 6 February 1840, the Treaty of Waitangi is a founding document of government in New Zealand, and established the country as a nation. It is an agreement, in Māori and English, between the British Crown and about 540 Māori rangatira (chiefs).

Before 1840

After Cook's exploration of New Zealand in the 18th century, a growing number of British migrants arrived in the country and there were plans for considerable settlement. In 1832, after increasing lawlessness by traders and settlers, the British Government appointed James Busby as British Resident, effectively a consular officer, to protect British trading interests and counter the growing lawlessness. He arrived in New Zealand the following year but faced an almost impossible task with virtually no budget and no real authority.

In 1835, with the French looking to trade and settle in New Zealand, Busby took a leading role in making the Declaration of the Independence. The document, which has four articles, was signed in 1835 by 34 Māori chiefs, with a further 18 signing in the years that followed. The Declaration states that sovereign power and authority in the land resided with the chiefs collectively and that in return for protecting British subjects in New Zealand, the British Crown was invited to act as their protector.

Treaty of Waitangi

Lawlessness and questionable land sales did not cease with Busby's appointment as British Resident. The British Government eventually decided that annexing the country would protect Māori, better regulate British subjects and secure commercial interests. In 1840, Captain William Hobson was sent to New Zealand with instructions to acquire sovereignty of New Zealand, by way of a treaty with the Māori Chiefs.

A draft treaty was drawn up and translated in a few days. After a day of debate by the Māori Chiefs, the Treaty of Waitangi was signed on February 6, 1840, at Waitangi in the Bay of Islands. Forty-three Northland Chiefs signed the Treaty on that day and about 500 more signed as it, and copies of the original, were taken throughout the country in the following months.

The Treaty has three articles. In the English version, Māori ceded the sovereignty of New Zealand to Britain and gave the Crown an exclusive right to buy lands they wished to sell. In return, they were guaranteed full rights of ownership of their lands, forests, fisheries and other possessions and were given the rights and privileges of British subjects. While the Māori version was deemed to convey the meaning of the English text, there were important differences and the precise nature of the exchange within the Treaty of Waitangi is a matter of debate.

The grounds and building where the Treaty was signed-the Waitangi Historic Reserve-is administered by the Waitangi National Trust Board. The Reserve is a popular tourist attraction and features a large Māori meeting house, the colonial mission house, an historic flagstaff and a waka taua (Māori war canoe).