Lenihan, Te Marino (Ngai Tahu, Ngati Mamoe, Waitaha) --- "Book Review - An Unsettled History: Treaty Claims in New Zealand Today" [2002] IndigLawB 17; (2002) 5(15) Indigenous Law Bulletin 21

Book Review

An Unsettled History:

Treaty Claims in New Zealand Today

by Professor Alan Ward

Bridget Williams Books 2001

Paperback, 211p

RRP $34.95

reviewed by Te Marino Lenihan (Ngäi Tahu, Ngäti Mamoe, Waitaha)

Emeritus Professor Alan Ward’s latest publication on the Treaty of Waitangi (‘the Treaty’) is a well written, thought provoking examination of Mäori Pakeha political relationships over the last two centuries.[1] The book is aptly titled, and reflects Ward’s astute analysis of Treaty relations in this country to date. Unlike many other literary pieces of similar ilk, this work succinctly draws together the various strands of the Treaty story, to focus ultimately on the Treaty claims process and how this might best take us into the future.

Though some may be familiar with New Zealand’s contentious and tumultuous political past, it is unlikely that many would have gained a well balanced understanding of the Treaty’s history given that much of this story has been absent from public debate and mainstream education curricula. Two texts of the Treaty of Waitangi (Mäori and English) were drafted in 1840 and signed by the Crown’s representatives and, ultimately, by over 500 Hapü leaders from around New Zealand. In essence, the English version of the Treaty sought to legitimise Britain’s presence in New Zealand, making way for the formal colonisation of this land and all that that entailed. Conversely, the Mäori text simply acknowledged the need for British governance of her people in this land, recognising and guaranteeing on the other hand te tino rangatiratanga (self determination or sovereignty) of the Mäori people. The clear inconsistencies between the two text, and the subsequent dishonouring of the Treaty, resulted in the unsettled history alluded to in the title of this book. That is why it is encouraging to read an objective appraisal of this nation’s constitutional history providing those without any prior understanding of the Treaty debate—as well as those with interest and scholarship in this area—a valuable, well balanced resource from which to learn.

Divided into three parts, Ward takes the reader on a journey through the minefield of colonial politics, policies and practices, as well as examining their impact on New Zealand society from 1840 onwards. He sheds considerable light on the views, goals and objectives of both Mäori and the Crown (on behalf of the settler population), and displays moments of intimate insight into the cultural and spiritual battlefield that has scarred this relationship, both politically and socio-economically. The author’s coverage of the topic is thorough and he allows the historical record to tell his tale, favouring neither the Crown’s perspective nor the Indigenous voice. This clear objectivity is complimented by Ward’s examination of the past with an unequivocal vision regarding the future wellbeing of this nation.

Beginning with an overview of the context in which the Treaty was drafted and signed, Part I delivers a fairly comprehensive, though succinct look at the most significant events in Treaty relations since 1840.

Part II delves deeper into history and focuses on the principal wellspring of Mäori grievance. Namely, the systematic acquisition of land from communal tribal authority and guardianship and its transference into individual Crown derived titles. Ward explores the various policies and practices that were employed by the Crown to alienate this land and lifts the veil on the causes of relentless Mäori protest over subsequent years.

In Part III the author launches directly into a critique of where we have arrived at the turn of the 21st Century, as well as outlining his recommendations for the resolution of all historical Treaty claims by 2015. Significantly, Ward argues that the Crown’s current non-negotiable ‘fiscal cap’ of NZ$1 billion over ten years is substantially inadequate if fair settlements are to be realistically achieved. He also believes that processes, such as those employed in the resolution of Treaty claims, need to be improved as circumstances change and understanding increases. A key part of this improvement, Ward argues, is increasing resources—rather than capping them—for the Tribunal governing Treaty disputes, so that it can at least fulfil its statutory responsibilities. One problem with this alternative is that arguably it results in no greater recognition of the systematic breakdown of Mäori society than that which currently exists.

Ward predicts that the Treaty of Waitangi will remain and the Treaty Principles will continue to guide present and future relationships between Mäori and the Crown. Indeed, he warns that any haste to conclude the Treaty claims process before fair and reasonable settlement has been reached throughout the country would likely result in prolonging Mäori grievances even further. Ward writes:

Many no doubt wish that the whole process would somehow go away. The obvious danger of curtailing the process prematurely is that it could return the country to the position it was in during the mid 1980’s, but with Mäori nursing an even greater sense of grievance from expectations raised but not fulfilled.

Ward presents a compelling case for the vigorous continuation of the Treaty claims process in order that fair and reasonable settlement of Treaty grievances can be realised. He traverses the interwoven layers of New Zealand’s colonial history, leaving the reader with a clear picture of why the Treaty of Waitangi is so important to New Zealand’s past, present and future stability as a multi-cultural South Pacific island nation.

An Unsettled History: Treaty Claims in New Zealand Today is a must read for all those who wish to gain a balanced overview of race relations in New Zealand. Moreover, it is a valuable guide into how relationships between governments and Indigenous peoples might operate within a treaty framework. Ultimately this book illustrates a remarkable journey into New Zealand’s acknowledgement and review of our commitments to Tängata Whenua (our Indigenous peoples). This is a process that is possibly unique to New Zealand, and something that all New Zealanders can feel proud of. Professor Alan Ward’s ability to convey the impacts of the past on our present, while locating this picture in the context of a nation moving forward suggests that we have come a long way towards recognising this nation’s ‘unsettled history’. This indeed is encouraging and can only bode well for a stronger, more healthy society in which to raise our nation’s children, grandchildren, and their children to come. Good luck and best wishes! Kia ora tätou!

Nä reira, hei kapinga körero mäkau, ka äpiti hono tätai hono, rätou ngä tini rangatira o neherä i whakamomori nei kia whaimana ai te Tiriti o Waitangi ki a rätou. Anei rä he waka anö hei kawenga ake i tö koutou kaupapa whakahirahira ki te ao whänui. Ka äpiti hono tätai hono, tätou e whai tonu nei i ngä tapuwai a häkui mä a häkoro mä ki a tätou, tae noa mai ki a koe e Te Kaituhi, näu nei tënei taonga i whakatakoto ki mua i te aroaro o te iwi whänui. Tënä koe. Tënä koutou. Tënä tätou katoa.

(In conclusion, it is only appropriate that our old people are acknowledged for their guidance and exhaustive efforts to have the Treaty of Waitangi accord honoured so that our present and future generations may live in prosperity and harmony with each other and our environment. The living need also to be recognised for our continued pursuit of such goals. This clearly includes the author, Professor Alan Ward, who has contributed in no small way by making his valuable literary endeavour available for all those willing to learn.)

Te Marino Lenihan (Ngäi Tahu, Ngäti Mamoe, Waitaha) is a Maori Planner with the Auckland Regional Council.

[1] Mäori and Päkehä are generic terms referring to the Indigenous and settler populations of New Zealand respectively.