Declaration of the Independence of New Zealand

Declaration of the Independence of New Zealand
Created	28 October 1835
Ratified	1836
Author(s)	James Busby and 35 northern Māori chiefs (including Tamati Waka Nene and Bay of Islands brothers; Te Wharerahi, Rewa, and Moka 'Kainga-mataa')
Signatories	United Tribes of New Zealand
Purpose	Proclaimed the sovereign independence of New Zealand

This article discusses the Declaration of 1835. For information on the process of New Zealand's gaining independence during the course of the 19th and 20th centuries, see Independence of New Zealand.

In New Zealand political and social history, the Declaration of the Independence of New Zealand, as 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.

Background and signing

The Flag of the United Tribes of New Zealand.

In 1834 James Busby, the official British Resident in New Zealand, drafted a document known as the Declaration of the Independence of New Zealand which he and 35 northern Māori chiefs (including Tamati Waka Nene and Bay of Islands brothers; Te Wharerahi, Rewa, and Moka 'Kainga-mataa') signed at Waitangi on 28 October 1835. The chiefs signed this declaration of independence and in the process established themselves as representing a proto-state under the title of the "United Tribes of New Zealand". This document was ratified by the British Crown in 1836; recognising that the sovereignty of New Zealand lay in the hands of the Maori chiefs.

The document arose in response to concerns over the lawlessness of British subjects in New Zealand and to a fear that France would declare sovereignty over the islands. It also arose from movements in Māori society where from 1816 onwards a number of Northern Maori chiefs had made visits to the colonies in New South Wales and Norfolk Island as well as to England leading to discussions about unifying the tribes and formation of a Maori government. Maori had also become involved in international trade and owned trading ships and in 1834, the year prior to the signing of the Declaration, the chiefs had selected a flag for use on ships originating from New Zealand — the first distinctively New Zealand flag.

The Declaration and after

The hereditary chiefs and heads of the tribes of the Northern parts of New Zealand declared the constitution of an independent state. They agreed to meet in Waitangi each year to frame laws, and invited the southern tribes of New Zealand to "lay aside their private animosities" and join them.

The signatories sent a copy of the document to King William IV of the United Kingdom (reigned 1830 - 1837), asking him to act as the protector of the new state. The King had previously acknowledged the flag(Isaac The ultimate nurse) of the United Tribes of New Zealand, and now recognised the Declaration of Independence, in a letter from Lord Glenelg (the British Secretary of State for War and the Colonies) dated 1836-05-25.

It is notable that the Treaty of Waitangi was made between the British Crown and "the chiefs of the United Tribes of New Zealand" in recognition of their independent sovereignty which continued after 1840 to the extent that the flag of the United Tribes of New Zealand was flown at the Pukawa hui when the Maori King was appointed in 1857.

The Maori Text - Explanations

The Maori text of the Declaration was made by the tino rangatira (hereditary chiefs) of the northern part of New Zealand and uses the term Rangatiratanga to mean independence, declaring the country a whenua Rangatira (independent state) to be known as The United Tribes of New Zealand (Te Wakaminenga o nga Hapu o Nu Tireni).

The terms Kingitanga and mana were used in claiming sovereignty of the state to the assembly of the hereditary chiefs and it was also declared that no government (kawanatanga) would exist except by persons appointed by the assembly of hereditary chiefs.

It is significant that the Treaty was made between the British Crown and the Chiefs of the United Tribes of New Zealand who granted the right of Kawatangata to the British Crown in return for which Rangatiratanga was confirmed and guaranteed.

It is this conflict of terms which has been the basis of significant debate between Maori and the Crown.

Legal effect

Some commentators state that the claim to independence lasted only until the signing of Te Tiriti o Waitangi (the Treaty of Waitangi) in 1840.

Article 2 of Te Tiriti o Waitangi guarantees to the chiefs their continued chieftainship, and ownership of their lands and treasures (taonga). It also specifies that Māori could sell land only to the Crown. Most New Zealanders consider the Treaty of Waitangi as the founding document of the nation of New Zealand/Aotearoa, with formal sovereignty vested in the British crown, but the existence of different versions of this treaty, in both Māori and English, and its brevity, leave this subject to arguments over the preferred interpretation.

But de facto, the federation of independent tribes became subsumed into a new political body after 1840, regardless of the legality or legitimacy of this process. Thus, the Treaty of Waitangi voided the "Declaration of the Independence of New Zealand" for all practical purposes; the Treaty rather than the Declaration provides the legal foundation of claims for the redress of historical wrongs. For this reason, constitutional lawyers regard the Declaration of Independence as an historical document that no longer has legal force.

See also

• United Tribes of New Zealand
• Independence of New Zealand

External links

• Text of the declaration
• CIA World Factbook - New Zealand
• [1] - Biography of chief Moka Te Kainga-mataa; signatory to the Declaration of Independence, Hobson's Proclamations, and a participant in the Treaty of Waitangi discussions.