Waitangi (3) - Sovereignty

In the second clause of the Maori version of the Treaty of Waitangi, the crown agreed to protect the tino rangatiratanga (sovereignty) of the chiefs and hapu (subtribes) and all the people of New Zealand over “their lands, villages and all their treasures”. The English version expands the latter expression to include “lands and estates, forests, fisheries and other properties”. This clause is really important as it places significant limits on the authority of the state. It cannot interfere in the lives of the people or their possessions unless a crime occurs.

The first point, which is seldom noticed, is that it applies to “all the people of New Zealand” nga tangata katoa o Nu Tirani). The second clause is for all people, and not just to Maori.

Secondly, the treaty recognises that ‘sovereignty” belongs to individuals, families and tribes and not to the Crown. The treaty does not create this sovereignty, but recognises that people already have it. The right to control legally acquired property is given by God (Exodus 20:15). It is not given by the State. It cannot interfere with a person’s property unless it is acquired by illegal activity or a crime occurs within it. Thus the treaty provides a protection for everyone against an imperialist and totalitarian state.

The only problem with the Treaty of Waitangi from this point of view is that it does not explicitly acknowledge God. However, as I understand it, tino rangatiratanga is not absolute sovereignty, but includes a whole of responsibilities and limitations. Sovereignty is balanced by a requirement that its exercise should always be “tika”, true and correct. The leaves room for the sovereignty of God.

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