Kotahitanga and Te Tiriti o Waitangi
Ki te kotahi te kaakaho kawhati ki te kaapuia e kore e whati
[Standing alone we can be broken, but together, we are invincible]
Kiingi Taawhiao
Introduction
The future is not something we enter; the future is something we create. And there cannot be a future without a past (Sir Mason Durie, 2009, 2021). The challenge, for all of us who live in this beautiful country, is to develop a shared future for Aotearoa where all can live peacefully, have a sense of belonging and celebrate our unique cultural heritages. We are privileged to have a foundation in the unique taonga [treasure] that is Te Tiriti o Waitangi. This commitment, that recognised Maaori as the established and sovereign people of this land, has always been a sacred covenant for Maaori. Sadly, it has been their treaty partner, which has consistently failed to act in good faith.
Despite nearly two centuries of struggle, there has been progress, in the last fifty years, to educate tangata tiriti [people of the treaty i.e. non-Maaori] about the parallel histories of Aotearoa/New Zealand. This has been an awakening, especially for younger generations, of the social, cultural and economic impacts on Maaori of decades of injustice and alienation of their language and cultural values. Sadly, some continue to clamour that the Treaty of Waitangi is ‘divisive’. But despite that noise the opposite appears to be true. A recent Human Rights Commission survey (1) found over half of New Zealanders think Te Tiriti applies to everyone in the country, and 80% want respectful discussion of racial issues.
There is also much to celebrate. For example, in the first two years of Matariki as a national holiday, 60% of the whole population publicly celebrated. Our younger generations are culturally adept, uptake of Maaori language programmes is increasing, Te Matatini national kapa haka festival has gained a huge mainstream audience and Waitangi Day commemorations drew record crowds throughout the country, with people ‘looking for something meaningful to do’ in commemoration (2) . The Kingitanga held a national Hui aa Motu at Tuurangawaewae marae in January, with the theme of Kotahitanga: Together we are strong, Maaori and tangata tiriti alike. Over 10,000 people attended this historic event, united in a collective response to the coalition government proposals.
However, we must remain vigilant. A truly representative democracy is something we all have a responsibility to protect. What follows is a, very brief, history of Te Tiriti o Waitangi, its relevance to our modern society and some current threats to progress as well as what we gain, as a country by honouring the partnership, the kotahitanga that was envisaged at its signing.
Te Tiriti o Waitangi versus The Treaty of Waitangi: A brief history
Te Tiriti o Waitangi, the Maaori language version, is the only version recognised under international law and the only version that makes sense of the situation in 1840. As Margaret Mutu says, it is logically absurd, that in such a time of peace and prosperity, Maaori would transfer sovereignty, and authority over all their resources, to complete strangers from the other side of the world. They outnumbered Paakehaa by 50 to 1, they owned 66 million acres of land, forests, fisheries, timber, flax and flour mills. They were also successfully trading throughout the Pacific under their own flag (3). They were the literate people, with newspapers, the law courts and even the bible were all written in te reo Maaori.
About 470 rangatira [chiefs] Maaori, signed Te Tiriti o Waitangi. A further 39 later signed the English language version, commonly referred to as the Treaty of Waitangi. This is important because the versions are not interchangeable. The key difference is the distinction between ‘kawanatanga’ or governorship and ‘rangatiratanga’ or sovereignty. The distinction was well understood by the drafters of both versions, and it has been established, by the Waitangi tribunal, that there was no cession of sovereignty at Waitangi in 1840. Te Tiriti established the right of paakehaa to settle in this country, based on reciprocal rights and responsibilities. The Crown was granted limited rights of governance and Maaori were guaranteed the ongoing right to exercise tino rangatiratanga over their resources and social systems.
The ‘Settler government’ was established in 1852 and by 1858 the paakehaa population overtook Maaori. Settlers wanted only one thing, land, and Maaori were no longer so willing to sell, with over half their land lost in just 12 years. This led to decades of legislative, as well as military, intervention to acquire land from Maaori in any ways possible. The NZ Land wars resulted in ‘confiscations’ and the settler government passed multiple laws to take Maaori land. This was fiercely resisted. Maaori repeatedly won in the courts, only to have the goalposts retroactively and continuously shifted.
Prior to 1840, Maaori had well established systems of social, economic and cultural wellbeing. The processes of colonisation have seriously disadvantaged Maaori, deliberately breaking their socio-cultural systems, resulting in disparities in health, housing, employment, educational achievement, income, land etc that are still apparent today. Learning from our past, means healing the wounds of colonisation and bringing reciprocity and balance to the relationships envisioned in Te Tiriti o Waitangi. Tension or conflict that isn’t properly addressed and healed, is an inevitable barrier to working together effectively
Te Tiriti o Waitangi was never a temporary commitment. Today, it is embedded in multiple laws and policy directives for public services, schools and community organisations. The current Cabinet Manual also makes clear that the treaty is a foundational part of New Zealand’s constitutional arrangements. From the moment political parties form a government, they become the Treaty partner, and responsible for meeting the Crown’s obligations to honour the Treaty. Those obligations cannot be diminished by anything said on the campaign trail or in coalition negotiations.
While Te Tiriti provides a framework of belonging for all people to be here, the concept of kotahitanga refers to unity, togetherness and solidarity. It expresses the idea of working together towards a common goal, of collective action and responsibility and demonstrated by outcomes that benefit everyone.
Kotahitanga does not mean homogenisation, or sameness. There is a real appreciation that diversity enriches us all and is nothing to be afraid of. He iwi tahi tatou, we are one people, has been used to justify the assimilation of Maaori into the dominant cultural systems. But it does not mean that we are, or should be, all the same. There will not always be agreement, but we need alignment about core principles that underpin our democracy to ensure it is fair, equitable and just.
The concept of kotahitanga also underpins our system of representative democracy. Fundamental rights like equality and non-discrimination, giving voice to under-represented communities underpin all modern democracies. In a functioning democracy, everyone is entitled to vote, but more important is the question of representation. We all need to see that our values, priorities and perspectives are actually represented in the decisions that affect us. Diverse representation means that upcoming generations can see “someone who looks like me” at the table, and that democracy works for them as well.
There are multiple serious threats to our progress towards kotahitanga. John Campbell has referred to a “strange, circling sense of a new colonialism as ACT and NZ First's experiment with a kind of resentment populism”. The underlying rationale of ‘we are all one people’, promoted by the coalition government, is that a ‘New Zealander’ is a person who only speaks English, operates within monocultural paakehaa conventions, and does not value or allow recognition of Maaori cultural determination.
Currently, the meaning of ‘racism’ is being deliberately blurred, for political reasons. Maaori consistently experiencing worse social outcomes and lower life expectancy, and allowing historical oppression to continue is racism. Creating mechanisms that ensure Maaori representation in decision making is not racism, it’s equity.
There is nothing to be scared of. We have all seen the many ways Maaori communities and marae have risen to the challenges of emergencies like Covid and extreme weather events for the benefit of all. We have also seen 20 years of successful partnerships between Māori and local communities, Joint Management and Co-governance Arrangements aimed at protecting our natural environment.
Conclusion
The stories Aotearoa tells itself about the history of Te Tiriti o Waitangi have evolved over time. Our current narratives acknowledge the Treaty has been broken repeatedly, and that we have an obligation to remedy breaches and develop policies that restore equity.
We don’t have to choose between upholding Te Tiriti o Waitangi and creating an inclusive, multicultural society, Te Tiriti allows us to have both. Honouring Te Tiriti can be good for all of us and that should inspire hope and pride in our cultural diversity and unique heritage.
Aotearoa is a country that values fairness, justice and equity. The current coalition government is confronting a generation of Maaori strong in their identity, and active tangata tiriti allies who won’t let progress slip without a fight. As Thomas Jefferson once said, “the price of freedom is eternal vigilance”.
See 23 November 2023, RNZ “Poll finds majority believe Te Tiriti applies to everyone”
This quote was from a participant at the Toituu te Tiriti community event held in Raglan\Whaingaroa
The flag was the formal symbol of He Whakaputanga o te Rangatiratanga o Nu Tireni, the Declaration of Independence of New Zealand, 1935