Tag Archives: William Hobson

Violating ourselves

This post is more rantish and more polemic than even my usual here, and although I’ve said all this before (it seems like hundreds of times) I feel the utter dearth of understanding of what the Treaty of Waitangi is all about — particularly among Pākehā — necessitates it being said again. Forcefully.

Danyl Mclauchlan is someone who, for the most part, gets it, and over the past few days he has put up a couple of very smart posts on the topic. Both are worth reading, and the comments to both also, if only for a view of the howling gulf which passes for understanding of Aoteatoa’s fundamental history among what is probably one of the largest, smartest, and most liberally-minded blog communities in the country. But I refer to the second, and in particular the three points which Danyl argues nullify Don Brash’s claim that Māori should be treated no differently to any other ethnic group in New Zealand:

  • Maori as a people were signatories to a treaty that was not honored.
  • Maori, their culture and language are unique to New Zealand. If we don’t try and preserve, say, the Chinese culture and language in New Zealand and it is subsumed by the dominant culture then that’s a little sad, but not a tragedy because the culture and language flourishes in other countries. But if the state doesn’t cultivate Maoritanga and it goes then it’s gone forever.
  • Maori are overrepresented in negative statistics like crime and morbidity, and it’s sometimes more effective to target these problems culturally rather than at the wider population.

The first really is the beginning and the end here. The other two are good and worthy, but rest on the utility of those particular goods (value of the culture, wellbeing of Māori people) rather than on hard principle. That permits the “One Nation” lot to argue the waffly details and ignore the fundamental point, which is this: the Treaty of Waitangi provides a settlement right to Tau Iwi, and in particular grants the Crown the right to establish government, from which all future settlement (and other legal and civil society) rights devolve. Nothing else in the factual historical record of New Zealand history grants that right. Nothing else. You take that right and you accept the terms under which it was agreed, or you leave it. Successive generations of settlers have chosen to accept it, and that’s a wonderful thing. But it is not a right which can be enjoyed without obligation.

Hobson and his lot had no rights to settle here until they were granted by the Treaty. Sure, he could have tried — but they were outnumbered 20 to one by well-armed, well-trained soldiers who’d by that point been fighting wars on land and sea for generations, who had a complex internal economy and international trade systems up and running for more than a decade, and who were swiftly becoming cognisant of the realpolitik of the day. You could argue the settlers would have prevailed in the end, and you’d probably be right — but in point of fact that’s not what happened. In any case, if Don Brash or anyone else want to go down the repugnant path of claiming swordright over Aotearoa, they’re welcome to try.

Hobson drafted the Treaty and agreed its terms on behalf of the Crown, and consequently Tau Iwi were granted by Tangata Whenua the right to settle, to implement laws and so on, under conditions stipulated in the Treaty. The opening words of Article 3, the one which Don Brash and the other “one nation” bangers love to quote is “in consideration thereof”; the deal is contingent on the agreement being honoured. One other thing. To all those folks who argue it’s a “relic”, there was no expiry date on the Treaty. It gets amended or disbanded according to the wishes of its signatories, the two parties to it, or their descendants as appropriate. And by no other means. People of today remain bound by the decisions of the governments of yesterday. On the other thread Psycho Milt makes this crystal clear.

So it’s really very simple: as Tau Iwi, if we live here in Aotearoa, we have an obligation to do our bit in ensuring the Treaty gets honoured. Because to the extent it remains unhonoured, we’re in breach of the only thing which grants us any enduring legitimacy, the only agreement which gives us a right to be here. One of the basic, fundamental principles of the English civil society which Hobson represented, and which New Zealanders continue to hold dear today is the notion of adhering to one’s agreements; acting in good faith. In fact, Hobson’s instructions were to deal with the Māori in good faith as equals.

Pākehā society, by refusing to honour the Treaty, isn’t honouring its contract with the Tangata Whenua of this land. That breach is not the breach of some airy fairy notion of being nice to the natives. This is not some set of alien strictures; it is not some Mosaic law handed down from on high, to which we must adhere for fear of divine punishment, and most certainly it is not a set of principles insisted upon by Māori in order to weaken the Pākehā bargaining position. This is Pākehā culture in its purest, most idealised form! By failing to honour the Treaty Pākehā society is in breach of its own most fundamental and hallowed principles. The economically dry parties — ACT and (lately to a much lesser extent) National — who are most strongly opposed to honouring the Treaty are doubly guilty in this regard, because they know better than anyone that reliable contracts are the foundations of good society. The responsibility of adhering to one’s agreements is at the core of their philosophy.

Well, I’m Pākehā, and even if those other pricks won’t live up to their own declared standards, I want to honour my agreements, and those of my forefathers; and those made by people from whom I’m not descended but from which my 20th-Century immigrant grandparents benefitted. This Pākehā, at least, pays his debts. I do not carry guilt for the 170-odd years of breaches to date — I carry the responsibility for making right. What form will that take? Well, that’s a wider question and one to be properly decided by society at large.

By failing to honour the Treaty Don Brash is in violation of his own stated principles as the representative of a party which believes in responsibility. By failing to honour a Treaty drawn up by Pākehā, on Pākehā terms and according to Pākehā custom, we as New Zealanders are, more than anything, violating ourselves.


There’s a follow-up to this post and discussion here.

Perspective and colonial counterfactuals

It’s hardly the stuff of rigorous historico-social investigation, but Simon Schama sees much to celebrate in NZ biculturalism — particularly in comparison to our Anglo comparators:

But it’s the story of Maori and pakeha, the settlers of European origin, that – for all the pain, betrayals and suffering – still deserve to be known and celebrated as offering a different model of cultural encounter than anywhere else in the world. […] Of course there have been serious problems of unequal social opportunity, of street gangs. But if there is anywhere in the post-colonial world where two cultural worlds truly live an engaged life alongside each other, it’s in New Zealand.
Such stories don’t come along very often. Cherish them. Chant them. Dance them.
Upane upane, kaupane, whiti te ra! Up the ladder, up the ladder, the Sun Shines.

This is broad-brush stuff, and minimises the genuine grievance and disquiet which exists on both sides of the cultural divide — his “divided no longer” caption to a stock photo is altogether too pat. And his assessment of Paul Holmes as a “tough” and “a reproach to dozy thinking” is marginal at best. But Schama’s observation that what we have in this country is quite unlike any other postcolonial nation is exactly right. It provides a glimpse at what might have been been elsewhere, and what might have been here if the post-Treaty settlement had been undertaken in better faith.

This raises a question Pablo and I discussed in email after he wrote this post (I didn’t want to hijack the excellent discussion there): do those who hate and fear Tino Rangatiratanga and consider the Treaty a “simple nullity” really believe that the people of Aotearoa — of all colours — would be better off if the typical colonial counterfactual were true — if Hobson’s marines and settlers had simply driven the natives into the sea or exterminated them as animals? In my email to Pablo, I wrote:

I’ve often argued (as a wind-up or a devil’s advocate position) that the Māori are ungrateful whingers who don’t appreciate what an incredibly good deal they got from Hobson, and that NZ would have been better off if Europeans had just landed with boatloads of armed soldiers and done to the natives what they did in the rest of the world. Anything for a peaceful life. What’s interesting is that, even when discussing the topic with people who genuinely believe that the Treaty is a gravy train and the natives are taking the piss and actually are ungrateful, they generally balk at this suggestion. That consent [given by the colonised to the colonisers], however fraught and limited, is important to how we see ourselves. That’s one of the reasons I’m generally pretty hopeful about the bicultural future.

I expressed somewhat similar views in comments to this post of Chris Trotter’s a short time later. Neither Chris, nor the other commenter to that post (RedLogix, with whom I’ve had robust but usually cordial disagreements on this topic) responded to my comments, which I took as a sort of confirmation of my thesis.* As I say, this is the usual response to the argument I’ve made many times before — all but the most unrepentant rednecks are repelled by the view that colonialism NZ-style was worse than what might have happened if we’d undertaken it Australian-style. This indicates to me that even for those who are highly critical of it grudgingly accept that the Tino Rangatiratanga movement, Waitangi Tribunal and attendant concessions to Māori in our political and social systems are better than the counterfactual alternative of a white monoculture in the South Pacific, even if it were more peaceful. The importance of this for a bicultural future is profound.


* I don’t want to put words in Chris and RL’s mouths, though — it may be that they simply thought my remarks too ridiculous to bother engaging with. Happy to accept clarification on this point.

(Schama article via Tim Watkin at Pundit. Thanks! And as it happens, Idiot/Savant at No Right Turn has excerpted it as well.)