Library Guides: New Zealand Law: Treaty of Waitangi

Treaty of Waitangi

The Treaty of Waitangi was signed in 1840. It was an agreement between the British Crown and a large number of Māori chiefs. Today the Treaty is widely accepted to be a constitutional document that establishes and guides the relationship between the Crown (the Government of New Zealand) and Māori.

The Treaty promised to protect Māori culture and to enable Māori to continue to live in New Zealand as Māori. At the same time, the Treaty gave the Crown the right to govern New Zealand and to represent the interests of all New Zealanders.

Status of the Treaty in New Zealand law is not settled. Currently, Treaty rights can only be judicially enforced if legislation explicitly refers to the Treaty.

Full text of the Treaty - English
Full text of the Treaty in Maori
Waitangi Tribunal website
Treaty of Waitangi Act 1975
The latest compilation of the Act, from the NZ Legislation website
The University of Auckland Library guide on the Treaty and Tribunal
New Zealand History online
Brief introduction and full text of the English and Māori versions of the Treaty.
Victoria University of Wellington: Maori Legal Resources Guide

Books

The Treaty of Waitangi Companion: Māori and Pākehā from Tasman to today by Vincent O'Malley, Wally Penetito & Bruce Stirling (eds)
Call Number: E-book
Publication Date: Auckland University Press, 2011
The Treaty of Waitangi in New Zealand's law and constitution by Matthew S.R. Palmer.
Call Number: KM 208.431 L1 PALM
Publication Date: Victoria University Press, 2008

Waitangi Tribunal

The Waitangi Tribunal was established in 1975 by the Treaty of Waitangi Act 1975. The Tribunal is a permanent commission of inquiry charged with making recommendations on claims brought by Māori relating to actions or omissions of the Crown that potentially breach the promises made in the Treaty of Waitangi.

The Te Kāhui Whakatau (Treaty Settlements) negotiates the settlement of historical Treaty of Waitangi claims, and administers the Marine and Coastal Area (Takutai Moana) Act 2011.

For more information about Treaty of Waitangi claims and the settlement process, including useful historical information, and the status of the Treaty today, see The Red Book: Healing the Past, Building a Future: a Guide to Treaty of Waitangi claims and Negotiations with the Crown (2015), available on open access on the Te Kāhui Whakatau (Treaty Settlements) website.

The Waitangi Tribunal
The Waitangi Tribunal was established in 1975. It is a permanent commission of inquiry charged with making recommendations on claims brought by Māori relating to actions or omissions of the Crown that potentially breach the promises made in the Treaty.
Treaty of Waitangi Act 1975
The latest compilation of the Act, from the NZ Legislation website
Waitangi Tribunal reports
The Tribunal's findings and recommendations on claims. The Reports are available in full text from Report 1 in 1978.
Te Kāhui Whakatau (Treaty Settlements)
Negotiates the settlement of historical Treaty of Waitangi claims, and administers the Marine and Coastal Area (Takutai Moana) Act 2011. Settlement documents are publicly available on this website.
The Red Book: Healing the Past, Building a Future: a Guide to Treaty of Waitangi claims and Negotiations with the Crown (2015)
For more information about Treaty of Waitangi claims and the settlement process, including useful historical information and the status of the Treaty today.
Carwyn Jones, Procedure in the Waitangi Tribunal after Haronga
Māori Law Review, pp. 20-28, June 2013

SSRN open access articles on the Treaty of Waitangi

Love, Toni, 'Questions Concerning Consultation with Maori: What is Required from a Treaty Perspective?' (2016) Victoria University of Wellington Legal Research Paper.

Ludbrook, Julian, 'The Principles of the Treaty of Waitangi: Their Nature, Their Limits and Their Future' (2014) Victoria University of Wellington Legal Research Paper Series No. 117/2015.