Dr. Ned Fletcher, "The Treaty of Waitangi in Imperial Context"

Wānanga-Symposium, Waitangi, 17 November 2023 ABSTRACT Contrary to Ruth Ross’s influential verdict in 1972, the English text of the Treaty of Waitangi is not ‘ambiguous and contradictory in content’. It does not say ‘whatever we want it to say’. It was not a blank canvas with a meaning to be arrived at through later negotiation. The meaning of the English text requires consideration not only of the text itself but also of the context in which it was drawn up. That context includes the backgrounds and motivations of the framers, the wider experience of Empire and beyond (including the dealings of the United States with its Indian nations), and the currents of thought of the time. This paper is concerned with the implications of British sovereignty for native societies in different parts of Empire, and models for plurality in government and law that were known to the framers of the Treaty. This context supports the conclusion that, rather than being at odds, the English and Māori texts of the Treaty reconcile. British intervention in New Zealand in 1840 was to establish government over British settlers, for the protection of Māori. British settlement was to be promoted only to the extent that Māori protection was not compromised. Assimilation of Māori into settler society was not the goal. Māori tribal government and custom were to be maintained under British sovereignty. Māori were recognised as full owners of all their lands according to custom. BIO Ned Fletcher is a director of the law firm Kayes Fletcher Walker, which is the Office of the Manukau Crown Solicitor. He is the author of The English Text of the Treaty of Waitangi (Bridget Williams Books, 2022), which won the general non-fiction prize at the 2023 Ockham New Zealand Book Awards.