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Waitangi: Treaty and Tribunal
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.
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.
Baragwanath, Justice. Treaty of
Waitangi issues: The last decade and the next Century. 1997.
Durie, Mason. Te mana, te kāwanatanga:
The politics of Māori self-determination. 1998.
Graham, Douglas. Trick or
Honouring the treaty: An
introduction for Pākeha to the Treaty of Waitangi. 1989.
Justice & identity: Antipodean practices. 1995.
Minogue, Kenneth R. Waitangi: Morality and reality. 1998.
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
Treaty settlements: The
unfinished business. 1995.
Waitangi: Māori and
Pakeha perspectives of the Treaty of Waitangi. 1989.
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.
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
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
Guided keyword searches on Library Search may also be useful:
eg, Waitangi principles
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
New Zealand (INNZ) 1987-
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.
See also the journals
o te wa: A summary of decisions, events and plans throughout New
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:
Te Ara tirohanga: A guide for researchers into Māori claims. Rev. ed. 1993
The Waitangi Tribunal web pages include similar material.
Lists of claims heard and pending
to 1991, membership etc. can be found in
Lists of new claims and progress on earlier claims are published in the newsletter of the Tribunal Te Manutukutuku.
New Zealand Statutes
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.
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.
Search the Catalogue for New Zealand Waitangi Tribunal.
Reports can be accessed on the Waitangi Tribunal website.
Submissions and evidence
New Zealand. Waitangi Tribunal. Waitangi Tribunal records of documents and submissions published on microfiche.
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:
See the Māori Studies guide Māori Land for more information
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
New Zealand Office of Treaty Settlements. Briefing to the incoming Government. 1996 for the general framework and an area by area analysis.
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.
Land Information New Zealand maintain a list of blocks of Crown land which have been put aside for settlement of Waitangi Tribunal claims.
The standard account which has also been published in condensed and
pictorial formats is
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
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.
Simpson, Miria. Nga tohu o te Tiriti: Making a mark. 1990
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