46
Maranga Mai!
In te reo version, rangatira were granting the Queen
the right to govern her people, in the exercise of
Kāwanatanga, but not ultimate authority over the
land. That sovereign right would rest with rangatira
Māori who were agreeing that:
We will allow you to come here and exercise
control over out-of-control Pākehā. But we will
retain the rangatiratanga, the authority, with
regard to our people. And in the way you relate
to us, you have to recognise that independence,
and fundamental to that is you will not treat us,
any worse than how you treat your own citizens
(Jackson, 2021a).
From the perspectives of rangatira, the Queen’s
power was entirely subordinate to theirs. The ceding
of sovereignty or mana and rangatiratanga, as a
form of supreme authority, was inconsistent with
the notion of governorship. Governorship and
sovereignty are fundamentally different concepts.
That rangatira granted kāwanatanga to the queen
was itself a sovereign act. The British assured Māori
that their authority would remain in place under
Article Two [of te reo text], underpinning the ideal
of a shared authority in Aotearoa (Orange, 2012).
Rangatira upheld their side of the agreement by
showing manaaki and protection to Pākehā, in return
for economic benefits and protection against outside
threats to their rangatiratanga. For Matike Mai
Aotearoa, Te Tiriti:
Created a new constitutional configuration
with the grant of kāwanatanga for the Crown
to exercise over its people while providing for a
joint site of power where Māori and the Crown
could work together in a Tiriti-based relationship
(Independent Working Group on Constitutional
Transformation, 2018, p. 101).
This is not what unfolded. Despite rangatira signing te
reo Māori text, the British presumed that sovereignty
had been ceded to them, despite Hobson’s signature
on the Māori version.
Indeed, the infamous 1877 case of Wi Parata v Bishop
of Wellington dismissed Te Tiriti as a “simple nullity”.
To the Independent Working Group on Constitutional
Transformation, proceeding with the fallacy of
“sovereignty ceded”, and ignoring the constitutional
arrangement detailed in Te Tiriti, “remains the most
egregious of all of the Crown’s breaches of Te Tiriti”
(Independent Working Group on Constitutional
Transformation, 2018, p. 101). That rangatira would
give up the essence of who they were, their mana,
was ludicrous:
I’m not aware, at any time, of the King of England
waking up and saying ‘…I don’t want to be [the]
King of England anymore, I’ll go and ask the King
of France to make all our decisions.’ Yet we’ve
been taught to believe, that on the 6th of February
1840, every Māori in the country suddenly woke
up and said, ‘We don’t want to make our own
decisions anymore; we’re going to ask a lady in
London we’ve never met to make them for us.’ That
is such a gratuitous lie and insult, that I’m amazed
the Crown still has the effrontery to promote it
(Jackson, Brown-Davis, & Sykes, 2016, p. 5).
Furthermore, the notion of ‘cession’ did not exist in
the Māori world:
The fact that there is no word for ‘cede’ in
te reo is not a linguistic shortcoming but an
indication that to even contemplate giving away
mana would have been legally impossible,
culturally incomprehensible, and politically and
constitutionally untenable (Independent Working
Group on Constitutional Transformation, 2018, p.
35; Jackson, 2016).
The right of tino rangatiratanga meant Māori were
subject to no higher authority:
[Māori would] remain citizens of our iwi and
hapū. We do not become your citizens [under the
Crown]. If we retained our rangatiratanga, we
would never have been subject to someone else.
Ngāti Porou could not claim to be Ngāti Porou if
they were subject to the authority of Ngā Puhi. It’s
not comprehensible (Jackson, 2021a).
For Erima Henare, this amounts to a manipulation
of the past:
The bias comes with the myths that explain and
justify the New Zealand State and the idea of
undivided parliamentary sovereignty. The history
invoked is not the Māori history. The Treaty invoked
is the English version, not the Māori version
(Henare in Waitangi Tribunal, 2014, p. 527).