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Waitangi: Treaty and Tribunal


Contents

  1. Introduction
  2. The Waitangi Process - Key books and articles
    Books
    Articles
    Library Search
    Journal and newspaper articles
  3. Waitangi Tribunal claims
    Guides
    Lists of claims
  4. Law
    Acts of Parliament
    Case law
  5. Waitangi Tribunal reports
  6. Māori land history
  7. Government policy
  8. Principles of the Treaty
    Land bank
  9. Treaty of Waitangi (1840) - History and texts
    Text of the Treaty
    Signatories

1. Introduction Top of page

This guide is designed to help students find material about the Treaty of Waitangi and the Waitangi Tribunal. It lists key items which appraise the process as a whole, gives relevant subject headings for searching the Library catalogue and Index New Zealand (INNZ), and lists a variety of other more specialized sources.

The Waitangi Tribunal was set up under the Treaty of Waitangi Act 1975 to investigate claims of Māori against the Crown for breaches of the Treaty of Waitangi. An amendment Act in 1985 empowered the Tribunal to investigate claims relating to Crown actions from 1840. In 1993 the Tribunal was prohibited from making recommendations involving privately owned land. By December 2002, approximately 2000 applications had been lodged.

2. The Waitangi Process - Key books, articles and electronic resources Top of page

Electronic resources

The Treaty of Waitangi website is a comprehensive site offering links to a wide range of resources. The material on this website was prepared with the assistance of historians and other specialists, and with the help of key Government departments.

Books Top of page

Baragwanath, Justice. Treaty of Waitangi issues: The last decade and the next Century. 1997.
Contributors include Hekia Parata and Joe Williams.

Durie, Mason. Te mana, te kāwanatanga: The politics of Māori self-determination. 1998.
Looks at Māori-Government relations over the past decade. Covers self-determination, commercial development, environmental issues, culture and language, fisheries, Treaty issues and Waitangi Tribunal claims.

Graham, Douglas. Trick or treaty? 1997.
An overview of the Waitangi process by the minister in charge of Treaty negotiations. Includes a personal account of various events.

Honouring the treaty: An introduction for Pākeha to the Treaty of Waitangi. 1989.
Essays.

Justice & identity: Antipodean practices. 1995.
Includes essays on the Treaty, biculturalism and partnership and the Ka Awatea report.

Minogue, Kenneth R. Waitangi: Morality and reality. 1998.
An overview of the Treaty process.

Ngata, Apirana. The Treaty of Waitangi, an explanation: Te Tiriti o Waitangi, he whakamarama. 1963.

Sharp, Andrew. Justice and the Māori: Māori claims in New Zealand political argument in the 1980s. 1990.
The second edition of 1997 includes a chapter on events between 1990 and 1996. (pp.291-318)

Treaty settlements: The unfinished business. 1995.
Papers from the Hirangi hui and the NZ Institute of Advanced Legal Studies conference.

Waitangi: Māori and Pakeha perspectives of the Treaty of Waitangi. 1989.
Edited by Hugh Kawharu with contributions from F.M. Brookfield, P.G.HcHugh, David Williams, F.Hackshaw, B. Kingsbury, M.P.K. Sorrenson, Waerete Norman, Hugh Kawharu, Tipene O'Regan, Ranginui Walker, Mason Durie and Bruce Biggs.

Articles Top of page

Chapman, Guy. "The Treaty of Waitangi - fertile ground for judicial (and academic) myth-making." New Zealand Law Journal, Jul. 1991, pp.228-236

Kawharu, Hugh. "The Treaty of Waitangi: A Māori point of view." British Review of New Zealand studies, v.5, Nov. 1992, pp.23-36

Mikaere, A.L. "Māori issues." New Zealand law review. 1996. Vol. 2, pp.162-186.
Reviews the Tribunal, recent settlements including the Fisheries claims and decisions under the Resource Management Act.

Walker, Ranginui. "The genesis and transformation of the Waitangi Tribunal." Man and a half: Essays in Pacific anthropology... 1991.

Ward, Alan. "Historical claims under the Treaty of Waitangi: Avenue of reconciliation or source of new divisions?" Journal of Pacific history, v.28, no.2, Dec. 1993, pp.181-203

Library Search Top of page

Books held in the University of Auckland Library can be found using Library Search, the online catalogue.

Some frequently used subject headings, for subject searches, are:

Treaty of Waitangi 1840
New Zealand Waitangi Tribunal
Maori New Zealand people claims
Maori New Zealand people government relations
Maori New Zealand people fishing
Maori New Zealand people land tenure
Maori New Zealand people government policy
Maori New Zealand people mass media
Maori New Zealand people politics and government
Maori New Zealand people legal status laws
sovereignty
indigenous peoples legal status laws etc
cultural property protection law and legislation
intellectual property
New Zealand resource management act 1991

Guided keyword searches on Library Search may also be useful:

eg, Waitangi principles
Maori sovereignty
indigenous intellectual property
Waitangi fisheries commission
Waitangi resource management

Journal and newspaper articles Top of page

Individual articles in journals and newspapers are not listed separately on Library Search, the online catalogue. You must search various special indexes, or full-text databases, or look at bibliographies in other published works on the subject. The sources listed below are the most useful for finding sources in this field, along with the list of Māori Studies databases

Index New Zealand (INNZ) 1987-
Look for recent journal and newspaper articles in Index New Zealand (INNZ). It is updated daily. The first search screen is a relevance keyword search. The question mark ? is the truncation symbol. The plus symbol  + indicates that the term is required. Speech marks "..." around a term indicate a phrase search.Try the searches:

"Waitangi Tribunal" 
"Treaty of Waitangi"
"Maori land rights"
+Waitangi +principles
+Waitangi +law +constitutional
+Waitangi +law +administrative
+Waitangi +fisheries
+Waitangi +health
"resource management" +Waitangi 
"Maori custom? law"
+Maori +independence
"tino rangatiratanga"
"fiscal envelope"
"indigenous people?"
"intellectual property" +Maori 

Index to New Zealand periodicals 1941-1986

The precursor of INNZ, the Index to New Zealand periodicals indexes only journals, including the Māori Affairs Department publication Te Ao hou. It covers 1941-1986.

Newztext 1995-
Provides full text of articles from newspapers owned by INL (Independent Newspapers Ltd) for which INL has the copyright (1995 to present). Covers the New Zealand Herald from November 1998 to the present.

Newzindex 1985-
Provides references to articles in journals, magazines and newspapers. Coverage includes business and trade journals. Main emphasis is on business subjects.

LexisNexis.
Indexes articles in all the major New Zealand law journals and some overseas ones. Linx plus includes headnotes for a very wide range of New Zealand case law (coverage varies for particular courts and dates). Updated daily.

See also the journals
Māori law review
Monthly. Covers decisions of the Waitangi Tribunal and the Māori Land Court.
Indexed by Linx plus.

Nga korero o te wa: A summary of decisions, events and plans throughout New Zealand. 1995-
A monthly summary of Māori news and views. Unindexed.

Te Manutukutuku 1989-
Newsletter of the Waitangi Tribunal. Includes lists of new claims and progress on earlier claims

3. Waitangi Tribunal claims Top of page

Guides Top of page

A general guide to the meaning of the Treaty, the claims process and membership of the Tribunal is:

New Zealand. Waitangi Tribunal. Te Roopu Whakamana i te Tiriti o Waitangi: A guide to the Waitangi Tribunal.
2nd. ed. 1993

Guides for claimants with information about researching and presenting claims and practical information on planning and budgeting are:
Tucker, Jane. Māori claims: how to research and write a report. 1994

Te Ara tirohanga: A guide for researchers into Māori claims. Rev. ed. 1993

The Waitangi Tribunal web pages include similar material.

Lists of claims Top of page

Lists of claims heard and pending to 1991, membership etc. can be found in
Oliver, W.H. Claims to the Waitangi Tribunal. 1991

Lists of new claims and progress on earlier claims are published in the newsletter of the Tribunal Te Manutukutuku.

4. Law Top of page

Acts of Parliament Top of page

New Zealand Statutes
The Treaty of Waitangi Act 1975 including all subsequent amendments is reprinted in RS 33. The earlier version with amendments to 1993 is in RS 8. See 1975 No.114 for original Act, 1985 No.148, 1988 No.233, 1993 No.92 for major Amendment Acts. See also Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 No.121 and Treaty of Waitangi (State Enterprises) Act, 1988 RS 33

Butterworths Online is a database that allows you to keyword search current legislation. Select NZ Legislation in the menu screen. Gives full text of all New Zealand Principal Acts currently in force, including repealed sections and schedules. An historical summary at the end of each Act outlines the effect of each later amending Act. Also gives full text of selected repealed Acts (mainly 1960 on). The Status Regulations database, also within Butterworths Online, covers statutory regulations.

Case law Top of page

BRIEFCASE
indexes New Zealand reported and unreported cases. It includes citations for older and overseas cases mentioned in recent New Zealand case law. Published in New Zealand by Law Library Management. Coverage is from 1986 to the present. Updated fortnightly.

LexisNexis. Indexes articles in all the major New Zealand law journals and some overseas ones. Linx plus includes headnotes for a very wide range of New Zealand case law (coverage varies for particular courts and dates). Updated daily.

5. Waitangi Tribunal reports Top of page

Search the Catalogue for New Zealand Waitangi Tribunal.

Reports can be accessed on the Waitangi Tribunal website.

Submissions and evidence
The Microtexts Room holds a microfiche copy of evidence presented for the earlier major claims.
(Wai 4,8-11,17,22,26,27,32-33 and 150)

New Zealand. Waitangi Tribunal. Waitangi Tribunal records of documents and submissions published on microfiche.

6. Māori land history Top of page

The Waitangi Tribunal has recently published a series of general reports on the history of Māori land. One 3 volume work gives an overview of the legislative history of Māori land from 1840.

Ward, Alan. National overview. 1997.

Further publications concentrate on particular periods and facets of the land legislation; others cover the country region by region. They are called the Rangahaua whānui series. A full list can be found with thr keyword search on Library Search, the Library online catalogue:
rangahaua whanui

See the Māori Studies guide Māori Land for more information

7. Government policy Top of page

Crown proposals for the settlement of Treaty of Waitangi claims: detailed proposals. 1994

Policy papers and cabinet minutes released under the Official Information Act and covering a range of government policies relevant to Treaty settlements have been published in book form as Policy papers for Crown proposals for the settlement of Treaty of Waitangi claims. 1995

See also:

New Zealand Office of Treaty Settlements. Briefing to the incoming Government. 1996 for the general framework and an area by area analysis.

8. Principles of the Treaty Top of page

The principles have been referred to in numerous Acts but their development has been left to case law. See the following sources:

New Zealand. Department of Justice. The Crown and the Treaty of Waitangi: A short statement of the principles on which the Crown proposes to act. 1989

New Zealand. Department of Justice. Principles for Crown action on the Treaty of Waitangi. 1989

New Zealand. Court of Appeal. The Treaty of Waitangi in the Court of Appeal: The full judgments of the Court in the New Zealand Māori Council's case. 1987.

Further references can be found on Library Search, Lexis Nexis and Index New Zealand with a keyword search for Waitangi and principles

Land Bank Top of page

Land Information New Zealand maintain a list of blocks of Crown land which have been put aside for settlement of Waitangi Tribunal claims.

9. Treaty of Waitangi (1840) - History and texts Top of page

The standard account which has also been published in condensed and pictorial formats is
Orange, Claudia. The Treaty of Waitangi. 1987

For an earlier view see

Buick, T. Lindsay. The Treaty of Waitangi: How New Zealand became a British colony. 1933

The most easily accessible eyewitness account first published in 1890 is

Colenso, William. The authentic and genuine history of the signing of the Treaty of Waitangi... [New ed.] 1971.

Facsimiles of the Treaty

Facsimiles of the Declaration of Independence and the Treaty of Waitangi. 1960.

New Zealand. Ngā whārangi o te Tiriti: A facsimile of the Treaty of Waitangi. 1990.

Treaty Principles as outlined by the Waitangi Tribunal.

Text of the treaty Top of page

The official English and Māori texts and an English translation of the Māori text can be accessed via the New Zealand Government website. The Archives New Zealand site contains a short history.

Signatories Top of page

Simpson, Miria. Nga tohu o te Tiriti: Making a mark. 1990
Lists and identifies all signatories. Photos.


Contact: Māori and Pasifika Services
Last updated: 21 December, 2015