Te Tiriti o Waitangi

1. Te Tiriti o Waitangi EDUCM 118: He TirohangakitemātaurangaiAotearoa. Dr Te Kawehau Hoskins

2. Lecture Overview • Pre-tiriti and missionary schooling context. • He Whakapūtanga (Declaration of Independence) and Tiriti texts • Te Tiriti and Education post 1840 • Te Tiriti and Education from the 1970’s

3. Pre-Tiriti education context (to 1830’s) • Little permanent settlement (Whalers, sealers, traders, timber workers) • Mutually beneficial relationships – Māori control and economic activity • The first ‘invited’ settlers where missionary teachers (Bay of Islands 1814)

4. Pre-Tiriti education context (to 1830’s) • Established a school at Rangihoua after agreement reached between Ruatara (Te Hikutu) and Samuel Marsden (leader of CMS in NSW, Australia) • Marsden and 3 missionary families (including Thomas Kendall & William Hall)

5. Ruatara and Marsden

6. Educational relationship? • Māori desires for technological knowledge and literacy. To better engage the outside world. • Missionary -teachers desires to keep the ungodly world away from Māori. Religious, technical and cultural conversion.

7. Educational relationship? • Jones & Jenkins (2008) argue that Missionaries (& settler-teachers) were unable to meet the conditions for genuine educational engagement with Māori. • Māori often wanted to be taught by Pākehā, but settler – teachers refused to be the recipient of Māori teaching.

8. Educational relationship? • inability/refusal to learn from Māori laid down the beginning of an education system within which indigenous knowledge had no real place for Māori or Pākehā – making impossible any educational engagement in Māori interests. • Argue the modern difficulties Māori encounter with Pākehā education has its roots in, and continue to express, the tensions in the very earliest educational engagements.

9. He whakaputanga…. …O NGA HAPU O NU TIRENE: The Declaration of Independence British Resident James Busby arrives to live at Waitangi in 1833. His main duties: • protect well-behaved settlers and traders (i.e. mostly from other Europeans) • work to stop “outrages” against Maori • apprehend escaped convicts

10. He whakaputanga… • encourage some kind of “settled form of government” among Māori “As far as has been ascertained every acre of land in this country is appropriated among the different tribes; and every individual in the tribe has a distinct interest in the property; although his possession may not always be separately defined.” Busby reporting to his superiors in New South Wales, Australia, 1835.

11. He whakaputanga… Busby has little actual power but works with Chiefs in the North to: • create a Māori flag in 1834 “Te Kara” • resist other colonial powers (French) • form the “Confederation of the United Tribes of NZ” - to enact laws, dispense justice and regulate trade – chiefs signed a “declaration” which was sent to and accepted by the British government i.e. • N.Z. formally recognised by Britain as an independent state through this document.

12. TE KARA

13. He whakaputanga… • He Whakaputanga set the scene for debating the Treaty 5 years later • Having recognised NZ as a sovereign nation through the Declaration of Independence meant the British Crown could not simply proclaim sovereignty over NZ in 1840.

14. Moves toward colonisation Britain reluctant to coloniseAotearoa because: • already had large share of world shipping & trade. • the humanitarian lobby suggested ‘Empire’ was often bad for indigenous peoples. • Britain was reluctant to incur new costs.

15. Moves toward colonisation Britain’s Colonial Office besieged with reports from: • missionaries • agents of colonisation • merchants & traders - exaggerated accounts of a ‘troubled’ country • British official thinking shifts from idea of NZ as a ‘protectorate’ to the notion of a British ‘colony’ securing their full sovereignty.

17. TE TIRITI Māori and English versions of the ToW are different. • The Māori version appears to affirm Māori authority, while in the English version Māori cede sovereignty. • The Māori version is closely related to the language and concepts of the ‘Declaration of Independence’ (Sovereignty through ‘Rangatiratanga’). • In translation Henry Williams shifted the document away from a Treaty of cession as drafted, towards a ‘protectorate’ (to secure signatures)

18. MAori Text • In article 1 Māori cede ‘kawanatanga’ – governorship. • In article 2 Māori retain ‘tinorangatiratanga’ - ‘unqualified exercise of authority’. • Tinorangatiratanga is a term that more closely corresponds to ‘sovereignty’(Orange, 2004; Barrett & Connolly-Stone, 1998).

19. MAori Text • In article 3 Māori are guaranteed all the rights and privileges of British citizens • The Māori text was signed by Māori and Governor Hobson

20. English Text • In article 1 Māori cede ‘sovereignty’ • In article 2 protection of traditional property rights (‘possession’) are guaranteed • In article 3 citizenship rights are guaranteed. • Few Māori signed this version and Hobson did not.

23. TE TIRITI & education post 1840 • Differences in understandings about the Treaty are the basis of ongoing arguments about State and Māori authority. • For the first 10 years Treaty seen as a source of Māori rights and settler legitimacy. • As demands for land increased the Treaty was increasingly ignored, though Māori continued to point to it as a source of their rights through various petitions to British crown and the settler government

24. TE TIRITI & education post 1840 • 1867 Native School Act (no mention of the Treaty) • Typical view regarded Māori as culturally and often biologically inferior. Could be ‘corrected’ through assimilation and Europeanisation with schools the leading agencies. • Contributed to low expectations by inspectors, officials and teachers of academic success for Māori and a narrow view of their employment opportunities. • Limited view of Māori potential and place in wider society. • Determined to reverse Māori aspirations for an academic type of education.

25. TE TIRITI & education post 1840 • Education Act 1877 – no mention of the Treaty • Established free, secular education in NZ (Board schools) • Very little mention of things Māori except to refer to the earlier Native Schools Act of 1867. • Both Pākehā and Māori children were able to attend either Native Schools or ‘Board’ schools. • Underpinned by egalitarian philosophy of treating everyone the ‘same’.

26. TE TIRITI & education post 1840 • The missionary civilising/christianising agenda similar to the State’s assimilation agenda post the Treaty of Waitangi. • ‘Assimilation’ – an explicit social policy that assumed Māori ‘racial’ and cultural inferiority. • Schooling seen as the main means of assimilation • Assimilation remained NZ State policy for Māori into the 1960’s • Replaced by integration policy after 1960

27. TE TIRITI & education post 1840 • The Treaty in legal limbo until 1975 (Treaty of Waitangi Act established the Waitangi tribunal) • In its entirety, the Treaty has never been passed as a Statute or Act of Parliament.

28. Te Tiriti and education from 1970s • The ‘principles’ of the Treaty of Waitangi are referred to in specific acts of Parliament. • Crown ‘principles’ have been defined by courts over the years and govern contemporary Treaty relationships between Crown and Māori. • State assumption that Māori sovereignty was ceded.

29. Te TIRITi & EDUCATION From 1970’s • Treaty has been kept out of social including educational legislation. • The Education act 1989, the Children,Young persons and their families act 1989, and the Health and Disability Services act 1993 only social policy legislation to contain references to ‘Māori interests’, ‘aspirations’ and ‘needs’ but do not mention the Treaty.

30. The Maori land march 1975 The hīkoi (march) aimed to unite Māori across tribal boundaries in opposition to sales of remaining Māori land. It also demonstrated the resurgence of Māori cultural and political identity

32. Waitangi Day protest

33. Maori language petition 1972

35. Te TIRITi & EDUCATION From 1970’s • While the Education Act provides important recognition of Māori needs and aspirations in the education sector it does not specifically mention the Treaty. It thereby avoids establishing Treaty-based rights in the education sector that could serve as a basis for litigation.(Barrett & Connolly-Stone, 1998)

36. Te TIRITi & EDUCATION From 1970’s • The Treaty itself not mentioned in the 1989 Education Act in relation to the compulsory schooling sector. • Yet the Treaty influences national educational policy, curriculum and programmes in significant ways.

37. Treaty & Education policy • NEGS and NAGS • Curriculum Principles • KaHikitia - National Māori Education Strategy • Graduating Teacher Standards

38. NEGs and NAGs • NEG 9: Increased Participation and success by Māori through the advancement of Māori Education initiatives, including education in Te Reo Māori consistent with the principles of the Treaty of Waitangi

39. NEGs and NAGs • NEG 10: Respect for the diverse ethnic and cultural heritage of New Zealand people, with acknowledgement of the unique place of Māori.

40. NEGs and NAGs • NAG 1: Each Board through the Principal and Staff will: In consultation with the schools Māori community, develop and make known to the school’s community policies, plans and targets for improving the achievement of Māori students

41. NEGs and NAGs NAG Amendment 2000 • Each Board with the Principal and Teaching staff is required to report to students and their parents on achievement of individual students, and to the school’s community on the achievement of students and of groups including the achievement of Māori students against plans and targets referred to above.

42. NZ Curriculum 2007 • The NZ National Curriculum document states as part of its vision that it is important for our education system to nurture young people “who will work to create an Aotearoa New Zealand in which Māori and Pakeharecognise each other as full Treaty partners, and in which all cultures are valued for the contributions they bring” (p. 8)  

43. NZ Curriculum 2007 The NZ Curriculum includes the following principles: • Treaty of Waitangi The curriculum acknowledges the principles of the Treaty of Waitangi, and the bicultural foundations of Aotearoa New Zealand. All students have the opportunity to acquire knowledge of te reo Māori me ōnatikanga.

44. NZ Curriculum 2007 • Cultural diversity The curriculum reflects New Zealand’s cultural diversity and values the histories and traditions of all its people.

45. KaHikitia 2007-13 Ka Hikitia – Māori Education Strategy (2007-2013) “The Treaty … is central to , and symbolic of, our national heritage, identity, and future. KaHikitia … acknowledges the Treaty .. . as a document that protects Maori learners’ rights to achieve true citizenship through gaining a range of vital skills and knowledge, as well as protecting te reo Māori as a taonga.” (Ka Hikitia, MoE, p.2)

46. MAori Goals Hui Taumata Mātauranga 2001 goals: Goal 1: To live as Māori Goal 2: To be active citizens of the world Goal 3: To enjoy good health and a high standard of living ‘Māori enjoying educational success as Māori’ now the basis of national educational policy.

47. Critique • Lack of resourcing (human, financial) to deliver much of the policy directions. • The lack of Treaty knowledge and sometimes lack of commitment within schools has meant only a tokenistic response to the creation of partnership relationships between schools and their Māori communities.

48. Critique • Greater potential for school practices and curriculum to reflect/recognise students’ lives and identities (including cultural distinctiveness) • Potential for learning by school management teams and teachers about Treaty and Māori connected to their schools • Potential for Māori communities to access greater authority and increase levels of participation in schooling.

49. Critique Greater Treaty recognition in education may: • support Māori to maintain and develop their societal culture (Kymlicka, 1995) • To enable long term planning for Māori education free from the 3 year cycle of political change & interference (Durie, 2005)

50. Critique • enable Māori to harness schooling to achieve social and economic transformations ‘as Māori’. Thereby contributing to the nations prosperity and social cohesion. (O’sullivan, 2006) • To ensure schooling prepares Māori students to be active & competent members of Māori society (Durie, 2001)