Treaty of Waitangi

YOUR columnist Civis (ODT, 9.2.19) claims that under the Treaty of Waitangi, ‘‘Articles 2 and 3 together mean Maori do indeed have more rights than other New Zealanders’’.

He lambasts Dr Don Brash for, he claims, ‘‘tediously reiterating on RNZ’s Morning Report that Article 3 of the Treaty of Waitangi means that all New Zealanders have the same rights’’.

Civis explains that Article 3 gives Maori ‘‘the same rights and duties of citizenship as the people of England’’ (Maori language version) as expounded by Dr Brash.

But Civis goes on to claim that

‘‘those rights and duties are additional to the rights guaranteed Maori in Article 2’’ which he explains give Maori ‘‘the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession.’’ (English version.)

Article 2 was clearly stating in 1840 that Maori ownership of land (and other properties) in New Zealand was recognised by the Crown as an inalienable right of Maori, together with the right to part with possession.

As a consequence, some 20 years later, when the Land Registry Act 1860 was enacted and the subsequent Compulsory Registration of Titles Act 1924 was passed, all registered titles to land in New Zealand, including most land owned by Maori, were given guarantee of title by the Crown.

Through these Acts, the same rights of ownership and Crown guarantee of title pertain to European or Maoriowned land. There are no additional rights attaching to Maoriowned land.

How then can Civis claim that under the Treaty of Waitangi ‘‘Articles 2 and 3 together mean Maori do indeed have more rights than other New Zealanders’’?

Some collectively Maoriowned land may be subject to particular

Acts of Parliament that restrict rights of possession or disposal which might then result in lesser overall rights for some Maori.

Trevor Croot

Dunedin ..................................

BIBLE READING: Defend the cause of the weak and fatherless; maintain the rights of the poor and oppressed. Rescue the weak and needy; deliver them from the hand of the wicked. — Psalm 82:34.