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Treaty of Waitangi
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Treaty of Waitangi : ウィキペディア英語版
Treaty of Waitangi

The Treaty of Waitangi ((マオリ語:Tiriti o Waitangi)) is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand.
The Treaty established a British Governor of New Zealand, recognised Māori ownership of their lands and other properties, and gave the Māori the rights of British subjects. The English and Māori versions of the Treaty differed significantly, so there is no consensus as to exactly what was agreed. From the British point of view, the Treaty gave Britain sovereignty over New Zealand, and gave the Governor the right to govern the country. Māori believed they ceded to the Crown a right of governance in return for protection, without giving up their authority to manage their own affairs. After the initial signing at Waitangi, copies of the Treaty were taken around New Zealand and over the following months many other chiefs signed.〔("Treaty of Waitangi signings in the South Island" ), Christchurch City Libraries〕 In total there are nine copies of the Treaty of Waitangi including the original signed on 6 February 1840.〔(【引用サイトリンク】title=Treaty of Waitangi – Te Tiriti o Waitangi )〕 Around 530 to 540 Māori, at least 13 of them women, signed the Treaty of Waitangi.〔(【引用サイトリンク】publisher=Waitangi Tribunal )〕〔C. Orange.The Treaty of Waitangi. Bridget Willians .1987.Appendices P 260〕〔"In 1840 the document served its original purpose-to proclaim British sovereignty over the country and bring it into ...the British Empire". Michael King, ''Nga Iwi O Te Motu'', Reed, Auckland, 2001. p 35〕
Until the 1970s, the Treaty was generally regarded as having served its purpose in 1840 New Zealand, and was ignored by the courts and parliament alike; although it was usually depicted in New Zealand history as a generous act on the part of the British Empire, which was at the time at its peak.〔(【引用サイトリンク】title=The Treaty in practice: The Treaty debated )〕 Māori have looked to the Treaty for rights and remedies for land loss and unequal treatment by the state, with mixed success. From the late 1960s Māori began drawing attention to breaches of the Treaty, and subsequent histories have emphasised problems with its translation.〔(【引用サイトリンク】publisher=Waitangi Tribunal )〕 In 1975, the Waitangi Tribunal was established as a permanent commission of inquiry tasked with researching breaches of the Treaty by the British Crown or its agents, and suggesting means of redress.
Almost 150 years after the signing of the Treaty, the government tried to give judicial and moral effect to the document by defining another, new version, the "spirit" or "intent" of the treaty through specifying the principles of the Treaty. The move showed that the original document was not a firm foundation for the construction of a State.〔Michael King, ''Nga Iwi O Te Motu'', Reed, 2001, p 35〕
Today the Treaty is generally considered the founding document of New Zealand as a nation. Despite this, it is often the subject of heated debate, and much disagreement by both Māori and non-Māori New Zealanders. Many Māori feel that the Crown did not fulfil its obligations under the Treaty, and have presented evidence of this before sittings of the Waitangi Tribunal. Some non-Māori New Zealanders have suggested that Māori may be abusing the Treaty in order to claim special privileges. The Crown, in most cases, is not obliged to act on the recommendations of the Tribunal but nonetheless in many instances has accepted that it breached the Treaty and its principles. Settlements for Treaty breaches to date have consisted of hundreds of millions of dollars of reparations in cash and assets, as well as apologies.
The date of the signing has been a national holiday, now called Waitangi Day, since 1974.
==Background==
(詳細はBay of Islands. The purchase of muskets by Ngāpuhi in Sydney began a devastation of the Māori population in a series of about 500 tribal battles known as the "Musket Wars" between 1805 and 1843.〔R. Bennett,Treaty to Treaty.〕 2007 In 1831, thirteen chiefly rangatira from the far north of the country met at Kerikeri to compose a letter to King William IV asking for help to guard their lands. Specifically, the chiefs sought protection from the French, "the tribe of Marion", and it is the first known plea for British intervention written by Māori.〔Binney, Judith (2007). ''Te Kerikeri 1770–1850, The Meeting Pool'', Bridget Williams Books (Wellington) in association with Craig Potton Publishing (Nelson). ISBN 1-877242-38-1. Chapter 13, "The Māori Leaders' Assembly, Kororipo Pā, 1831", by Manuka Henare, pp 114–116.〕 In response, the British government sent James Busby in 1832 to be the British Resident in New Zealand.
In 1834 Busby drafted a document known as the Declaration of Independence of New Zealand which he and 35 northern Māori chiefs signed at Waitangi on 28 October 1835, establishing those chiefs as representatives of a proto-state under the title of the "United Tribes of New Zealand". This document was not well received by the Colonial Office in Britain, and it was decided that a new policy for New Zealand was needed as a corrective.
From May to July 1836, Royal Navy officer Captain William Hobson, under instruction from Sir Richard Bourke, visited New Zealand to investigate claims of lawlessness in its settlements. Hobson recommended in his report that British sovereignty be established over New Zealand, in small pockets similar to the Hudson's Bay Company in Canada. Hobson's report was forwarded to the Colonial Office. From April to May 1837, the House of Lords held a select committee into the "State of the Islands of New Zealand". The New Zealand Association (later the New Zealand Company), missionaries and Royal Navy all made submissions to the committee. The committee recommended a treaty be concluded with Māori.〔
Historian Claudia Orange claims that the Colonial Office had initially planned a "Māori New Zealand" in which European settlers would be accommodated, but by 1839 had shifted to "a settler New Zealand in which a place had to be kept for Māori" due to pressure from the New Zealand Company〔 which hurriedly dispatched the ''Tory'' to New Zealand on 12 May 1839〔(【引用サイトリンク】title=Ships, Famous. Tory )〕 (arriving in Port Nicholson (Wellington) on 20 September 1839 to purchase land) and plans by French Captain Jean François L'Anglois for a French colony in Akaroa.〔(【引用サイトリンク】title=A Toe-Hold at Akaroa – French Colonial Aspirations in Nouvelle-Zéalande )
On 15 June 1839 new Letters Patent were issued to expand the territory of New South Wales to include the entire territory of New Zealand, from latitude 34° South to 47° 10’ South, and from longitude 166° 5’ East to 179° East. Governor of New South Wales George Gipps was appointed Governor over New Zealand. This was the first clear expression of British intent to annex New Zealand.
Captain William Hobson was called to the Colonial Office on the evening of 14 August 1839 and given instructions to take the constitutional steps needed to establish a British colony. Historian Paul Moon believes the instructions were written by Sir James Stephen, then head of the Colonial Office. However, in his landmark 1914 book ''The Treaty of Waitangi: or how New Zealand became a British Colony'', T. Lindsay Buick reproduces the written instructions of Edward Cardwell of the Colonial Office (who later became Viscount Cardwell and was most noted for his reforms of the British Army after the disastrous Crimean War). Hobson was appointed Consul to New Zealand and was instructed to negotiate a voluntary transfer of sovereignty from the Māori to the British Crown as the House of Lords select committee had recommended in 1837. Normanby gave Hobson three instructions – to seek a cession of sovereignty, to assume complete control over land matters, and to establish a form of civil government, but he did not provide a draft of the treaty.〔Mc Dowell and Webb, ''The NZ Legal System'', LexisNexis, 2006, p 174〕〔Scholefield, G. (1930). ''Captain William Hobson.'' pp. 202–203. (Instructions from Lord Normanby to Captain Hobson – dated 14 August 1839)〕 Hobson left London on 15 August 1839 and was sworn in as Lieutenant-Governor in Sydney on 14 January, finally arriving in the Bay of Islands on 29 January 1840. Meanwhile, a second ship, the ''Cuba'', had arrived in Port Nicholson on 3 January with a survey party to prepare for settlement.〔(【引用サイトリンク】title=3 January )〕 The ''Aurora'', a the first ship carrying immigrants, arrived on 22 January.〔Wises New Zealand Guide, 7th Edition, 1979. p 499〕
On 30 January 1840 Hobson attended the Christ Church at Kororareka (Russell) where he publicly read a number of proclamations. The first was the Letters Patent 1839, in relation to the extension of the boundaries of New South Wales to include the islands of New Zealand. The second was in relation to Hobson's own appointment as Lieutenant-Governor of New Zealand. The third was in relation to land transactions (notably on the issue of pre-emption).〔King, Marie. (1949). ''A Port in the North: A Short History of Russell.'' p 38.〕

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