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Why the Treaty Now?

Year 10 Social Studies

John-Paul Powley

on 3 July 2018

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Transcript of Why the Treaty Now?

Why the Treaty Now?
Year 10 Social Studies
Openness to change
Tahi: draw this grid in your book (A4)
The first people to reach New Zealand were Polynesians who set out from the central Pacific on deliberate voyages of discovery in large waka. They reached land, in the south-west corner of the Pacific, between 1200 and 1300 AD. This land came to be known as 'New Zealand' about 500 years later.
The English explorer James Cook established that the land Abel Tasman had "discovered" was in fact two large islands. This remarkably accurate map Cook drew of New Zealand after his first circumnavigation of the islands in 1769–70 was a marvel of cartography. But he did make a couple of mistakes, can you spot them?
Which means the Maori were in New Zealand for at least 500 years before Captain Cook showed up. If we went back 500 years from now we would be living in the time before Shakespeare was born.
"All dealings with the natives for their lands must be conducted on the same principles of sincerity, justice and good faith as must govern your transactions with them for the recognition of Her Majesty's sovereignty in the Islands. Nor is that all: they must not be permitted to enter into any contracts in which they might be ignorant and unintentional authors of injuries to themselves."
Lord Normanby
In 1839 Lord Normanby sent Captain Hobson to New Zealand to make a treaty with the Maori. Here is part of what he said:
Captain William Hobson
Captain William Hobson was a captain in the British navy and had no experience in writing treaties or in the law. In 1840 he arrived in the Bay of Islands of New Zealand with Lord Normanby's instructions.
We're going to watch a drama over the next two lessons. To begin please draw this:
After Captain Cook put New Zealand 'on the map' other ships from Europe and America soon followed looking for trade opportunities.
Pre-1840 Aotearoa NZ was a Maori world. But changes were occurring due to relationships with whalers, missionaries, and the British Empire.
These changes and relationships help explain why a treaty was signed in 1840.
Here's what Cook's artist, Sydney Parkinson, thought a Maori looked like, though the name Maori wasn't used: the drawing is called 'portrait of a New Zealander'.
When each person is introduced in the film write down information about their position
In here, write down what they think of the idea of a treaty
TASK: what words in the quote below prove the statement above
You will see six slides soon, copy the names down
1. Re-cap Heke's perspective in the drama: Why did he sign it - what were his expectations?
2. Watch this clip (up to 3.2o mins). Note down:
Maori expectations following the treaty
Governor expectations following the treaty
Why Heke chose to attack a flag pole
"Governor, you are the representative of the Queen by whom you were sent. ... I shall write to her ... to restore to us the sovereignty of our island... I have heard she is a good woman, and that she will not desire that our land shall be purchased with the blood of the soldiers and of the natives."
(September 1844)
“…God made this country for us. It cannot be sliced; if it were a whale it might be sliced. Do you return to your own country, which was made by God for you? God made this land for us; it is not for any stranger or foreign nation to meddle with this sacred country.”
"The Treaty of Waitangi is all soap. It is very smooth and oily, but treachery is hidden under it."
Heke's changing perspective
"Governor, you should stay with us and be like a father.
If you go away, then the French and the rum sellers will take us Maori over."
"Where is the protection offered by the treaty? Where is the good will of England? Is it in her great guns... her rockets... [or] in the curses of Englishmen and their adulteries. Is it shown in their calling us slaves... or their regard for our sacred places? The Europeans taunt us... If you demand our land, where are we to go to?"
Two versions of the Treaty
look at the treaties in your drive and write down the main differences.
The Treaty
- Cede (give up) Soveriegnty to the Queen

- The Queen gives Maori "full , exclusive and undisturbed possession of their lands, estates, forests, fisheries and other properties."
- Right of pre-emption (= The Crown gets first dibs on land being sold).

- Queen gives "all the rights and privileges of the British".
Te Tiriti
- Maori cede (give up) Kawanatanga (governership).

- Maori have their tino rangatiratanga (Chieftanship - right to make rules/laws for their own tribal lands) protected over all their lands, villages and taonga katoa (all their treasures).

- Queen offers Maori the same protection and rights of citizenship as the people of England.
Back off or I'll call your boss. I hear that she doesn't want war and will give us our land
"Heke's initial view of the treaty was..."
TASK: summarise your understanding by completing one (or more) of the tasks below finishing these sentence starters
"Hello, my name is Chief Justice Prendergast. I was the chief judge in New Zealand from 1875 until 1899"
[therefore] rights [go to] the first
occupier of a territory thinly peopled by barbarians without any form of law or civil government.
So far as [the Treaty seemed to give away]
... it must be regarded as a simple
. No [group] existed capable of [giving away] sovereignty.
On the foundation of this colony, the [Maori] were found without any kind of civil government, or any settled system of law.... The Maori tribes were incapable of performing the duties, and therefore of assuming the rights, of a
civilised community
there existed amongst the [Maori] no... definite ideas of property in land...
In 1877, I made an important decision in a court case in New Zealand.

The court case was called Wi Parata vs Bishop of Wellington
This is Wiremu Parata. He was born in the 1830s, and in the 1870s was a member of parliament.

In 1848 Ngati Toa made a verbal agreement with the Anglican church that they could use a piece of Ngati Toa land at Witireia (Whitireia) to build a school to educate the young of Ngati Toa.
There is a polytech now at W(h)itireia
This is Octavius Hadfield. In 1877 he was the Bishop of Wellington.

The Anglican Church never built a school on the land, but the Crown still gave them ownership of the land.

Wiremu Parata took Bishop Hadfield to court. He felt that the land should be given back to Ngati Toa.
Wiremu Parata lost his case.

Judge Prendergast decided that the church could keep the land.
Here are some of the things that Prendergast said:
Obviously this was bad news for Parata and Ngati Toa.
It was also bad news for all Maori because Prendergast's decision was used for the next 100 years to assist the crown in taking land from Maori in disputes.
(when the Treaty was signed)
Week Four
Lesson TWo and Three
What was this protest about?
How is the importance of land to the Maori explained?
See http://www.nzonscreen.com/title/te-matakite-o-aotearoa-1975
(clip one from start to 2'15")
What is his perspective?
Clip One from 7'32"
Ngati Whatua
Explain the significance of the po whenua
Clip two from 4'40" to 6'00"
What does this woman say about place names, resources and education?
Clip three from 7'30" to the end
What is Joe Hawke's view?
Clip two from start to 4'40"
What does Whina Cooper think the Matakite should become?
(Clip five, from start to end)
From the 1860s to the 1880s there were the New Zealand Wars that saw a lot of land confiscated off different Maori Iwi as punishment for participating in wars.
In addition there were laws passed that allowed the government to take land for Public Works, like building roads. The Public Works Act of 1928 is a famous example of this.
The results of this are clear:
In 1975 Whina Cooper led a land march from the far north to Wellington to protest the continuing loss of Maori land. They stopped at 25 marae along the way, and gathered 60,000 signatures for a petition. This is a documentary about the march.
Please fill in the worksheet as we go through parts of this documentary.
What: not long after the land march another major event occurred concerning land at a place called BASTION POINT (Orakei). This didn't involve people walking, rather people peacefully occupied a piece of land for 506 days, triggering a massive confrontation with government and police.
Bastion Point is in Auckland
"The shadow of the land goes to the Queen, but the substance remains with us."
Nopera Panakareao, 1840 on signing Te Tiriti.
"The Maori has lost the substance of the land and retains only the shadow. The government must settle old grievances so that Maori can close their eyes to the past.
Sir Apirana Ngata, 1940, 100 years after the signing.
A brief timeline of events
Ngati Whatua chief, Te Kawau, provided Governor Hobson 3,000 acres of land on which Auckland city quickly grew.
Crown take land away from Iwi for defence purposes (against possible Russian attack).
Native Land Court divides up communal land at Bastion Point (meaning very small titles for individual Ngati Whatua tribal members).
A sewerage pipe is laid in front of Bastion Point, pumping sewerage into Okahu Bay, which is used for kai moana.
Crown evict families from the land and the meeting house and homes are burned down.
The government plans to subdivide the head land lead to the land occupation. Ngati Whatua had the right to have the land returned to them if it was no longer being used for defence purposes (1859).
So...they were the people of Auckland but by 1977 they had no marae of their own in which to welcome visitors or grieve for the dead.
We are going to watch a documentary that looks at the history of Bastion Point, including the occupation protest of 1977-78.
Name of Iwi: Ngati Whatua

Key leader: Joe Hawke
What was "boot hill"?
Clip two 5'25'' to end
what was the relationship between these men?
Clip one 5'50''
What was the importance of the land march according to Ranginui Walker?
Clip three 4'16'' - 5'00''
As a police officer, what did Matanuku feel about being at Bastion Point?
Clip four 8'15'' - end
What are the different perspectives about the outcomes for Ngati Whatua?
(Clip five from start to end)
Question the picture
What can you see?
What does it mean?
Plenary: discuss with the people around you what you think the rabbit and the kangaroo are thinking in this picture.
A story of migration
Rua: brainstorm what you know about each of these categories. Think/pair/share.
Describe what he looks like.
What do you think the artist thought of him?
Early interaction
Explain the positives and negatives of the English interaction with the Maori
There were no positives to the whalers, muskets and missionaries coming/ being introduced to NZ. Do you agree with this statement? Give reasons for your answer.
Describe how missionaries and muskets affected the Maori
Instructions: Use your notes from the CD ROM. and choose one of following tasks to complete
put yourself in their shoes. Why was a treaty a good idea?
Ki te kahore he whakakitenga ka ngaro te iwi – Without foresight or vision the people will be lost
Lord Normanby represented the British Crown (government). The main point of his statement below is that a treaty must be fair and understood by each side.
STARTER: above is a whakatauki or proverb.
What does the proverb mean to you?
How could this proverb relate to the treaty?

TASK: if you were one of the Maori chiefs present at the signing of the Treaty, would you have signed the Treaty? Give reasons for your answer.
"When I first heard 'Kia ora' I understood it to mean hello. Then I heard it used to acknowledge good effort. I've also heard it used as 'thank you'. Literally it means 'be well'"

what does the above statement mean for translating an idea from one language to another?
This week we will look at:
That there are different versions of the Treaty
Different versions meant different understandings and expectations
On the post-it given to you, write down any questions you have about...
the Treaty
it's translation
anything about this topic so far
Two versions of the Treaty
The Rabbits
Pokaka (hot):
explain the Rabbits actions during the story. Why do you think the Kangaroos didn't do more to stop them?
'a treaty between the Rabbits and the Kangaroo's would have never worked' to what extent do you agree with this statement? Give reasons for your answer
Mahana (warm):
describe how life for the kangaroos changed over the course of the story
Choose one or more of the tasks below. Challenge yourself!
explain how differences in the treaty version's could lead to different understandings and expectations
'Having two versions of one treaty creates difficulties. Did you know that under international law the indigenous version of the treaty is given priority'. To what extent do you agree with this approach?
Complete one or more of the tasks below:
STARTER: when explaining a perspective you need to follow this structure
1. ...thinks... (say what the person/ group thinks about an issue)
2. They think this because.... (give reasons and say what they value)
3. Provide a quote

Why do Alien Weaponry sing some songs in Maori?
Explain how some of the concept words relate to Alien Weaponry.
TASK: in groups, complete the table above
"Heke changed his perspective because..."

"The consequences for his changing perspectives were..."
"Hone Heke was cool for giving it a go and he was right to lose faith in the British"
"Heke was arrogant to think that the British would treat Maori as equals"
"Heke was interested in wealth and power"

discuss with a neighbour, which of these perspectives best reflects your opinion of Hone Heke
Perspectives on the Treaty
will be able to identify several people involved in the treaty
should be able to describe the perspectives of several people involved in the Treaty
might be able to compare different perspectives on the Treaty
The nature of early contact
will be able to describe how muskets affected Maori life
should be able to explain how missionaries and whalers affected Maori life
might be able to examine the impact of early contact on Maori and their relationship with Europeans
What is it to be 'civilised'?
from 'null'- null and void
Is this statement what the writers of the treaty intended?
Task 3: choose 1 or the options below to complete
Describe how Prendergast's perspective on power goes against the principles of the Treaty (Principles: partnership, protection, participation)
You are Wi Parata's lawyer. Explain how Wi Parata would have used the Treaty to make his case for the land at Witireia to be returned?
Describe how Prendergast's perspective shows the concept of 'discrimination'
how would tribes feel about the relationship with the Crown after Prendergast's ruling
What can you see? List 5 things
What can you infer? (what can you read into the picture)
What questions do you have?
Why the Treaty Now?
What do you see?
What do you infer?
What questions do you have?
Task 3: choose 1 or the options below to complete
100 years later, what does Ngata say has happened? Use evidence in your answer.
Ngata believes the government must settle old grievances. To what extent do you agree with this? Justify your decision.
What does Panakareao believe happened at the signing of the Treaty in 1840. What is your evidence?
why might it be important for Maori to close their eyes to the past? Justify your answer.
35 years later...
Task 3: choose 1 or the options below to complete
Put yourself in the shoes of one of the marchers, how would it feel? Support your answer with evidence from the video and concepts from the wheel.
What do you think the effect of this land march would have on the government and the New Zealand public?
Describe what type of response the land march was to the NZ government (crown)?
Why a march?
WHAT: This lesson will look at how the Treaty went from being our founding document to not being recognised in the courts of law. Then we will look at responses to that situation.
Is marching an effective form of protest?
How would...
The people marching see the land march?
The government see the land march?
The general public see the land march?
Week 5:
What do you see?
What do you infer?
What questions do you have?
If you were Ngati Whatua in 1977 how would you feel and what would you like to happen?
Plenary: in pairs, discuss how Ngati Whatua's protest illustrated one or more of these concepts
Can you relate the government response to a concept(s)?

In the early 1970s, the government recognised that something was needed to restore good relationships between the Crown and Māori.

In 1975, it established the Waitangi Tribunal, a permanent commission of inquiry to start working through Māori concerns.
Who or where do you go when you feel you have been treated unfairly?
Who or where can Māori groups go when they feel they have been treated unfairly?
Why do you think the government created the tribunal?
On the post it given to you, write:
what (if anything) you already know about the tribunal
what questions you have about the tribunal?
lesson 1
Maori response: Bastion Point
will be able to describe why Bastion point became an issue of protest for Maori
should be able to explain different perspectives on the protest
might be able to evaluate the significance of Bastion Point
Lesson 2
The Waitangi Tribunal
will be able to describe what the Waitangi Tribunal is
will be able to explain why the Waitangi Tribunal was formed

will explain the significance of the Waitangi Tribunal for Maori
Week 5:
Let's learn about the Tribunal....
The land march as a response to land confiscation
will be able to state what the land protest was about
should be able to describe different perspectives on the protest
might explain the significance of the protest
to break something

Commission of inquiry:
a group that looks into an issue

The putting right of something that is wrong.
What is the job of the tribunal?
What are some of the things that the Crown has admitted it did that
the treaty?

What can

A question you have about Treaty Settlements is...
Discuss: What role do you think the Treaty should have in Aotearoa New Zealand's future?
Clip 1
A question you have about the tribunal is...
Clip 2
Clip 3
Lets watch a clip from USA
How did the black woman respond? Why did she respond this way?
What messages can you take from this interview?
How would you describe the perspective of the checkout woman towards the black woman?
Okay, before we go on, let's look at the Treaty/te Tiriti text again. Highlight where you see reference to land. What does it say about Maori land?
Tell your neighbour:
1. One reason Maori participated in the Land March in 1975
2. One consequence for Maori today of what has happened to them in the past
3. Why resolving the land issue for Maori is difficult
How much do you understand about the land March: what it was and why Maori decided to engage in this protest
I completely understand
I kind of understand
I dont really understand
TASK: draw the smiley face that represents your understanding
Land March continued
What is happening in this picture? What do you think?
Today we will be looking at the 2004 Don Brash Orewa Speech called 'Nationhood'
because it deals with different
The speech addressed the theme of
race relations
in New Zealand and in particular the special status of Māori people.
The Orewa Speech was a speech delivered by the then-leader of the New Zealand National Party Don Brash to the Orewa Rotary Club on 27 January 2004.
We are going to watch a bit of the Orewa Speech now...

After we have watched the clip, answer the following questions:
We are now going to see the Government's
to the Orewa Speech.

After we have watched the clip, answer the following question:
We're going to watch one more clip...

After watching, answer the following question:
From what you have learned today,
do you agree
with Don Brash's speech about having 'one rule for all?'
Is it a good thing that there are Maori targeted programmes to help Maori in education and health? Why or why not?

Use at least one concept from your concept wheel in your answer.
(clip 2, start to 8.58mins)
(15.03 to 15.55 mins)
(15.56 to 17.09)
What is happening here? How is it different from the animals climbing the tree test?
Setting the scene
does the speech want to invoke (spark) in Pakeha people? Why?
what does Don Brash mean by Maori get
'special privileges'?
what does Don Brash mean by
'one rule for all'
do you think it was ok that Maori targeted programmes and grants to help improve Maori education and health were cut by the Government?
Saying Maori get 'special privileges' is wrong according to Moana Jackson.
what can we learn from this?
Why has this happened?
Click on this clip or type 'What really happened at waitangi' into youtube and work your way through the 7 remaining short clips.
Land of a Thousand Lovers
Concept Wheel
Task: glue in our concept wheel for this topic. With your neighbour, annotate the words you know the meaning of. It doesn't matter that you don't know all the words, we'll learn them throughout the unit.
Watch the first few minutes...
What do you do on Waitangi Day?
What does Waitangi Day mean to you? Write this answer in your book.
Discuss the answers above with the people at your table.
Enter into Youtube: 'alien weaponry a short documentary 2016' it's the first response
...we'll come back to this question later in the unit
Different versions of the Treaty
will be able to state differences in the versions of the treaty
should be able to describe how the differences in the versions of the treaty led to different understandings
might explain whether the indigenous version of the treaty should be given priority.
Changing perspectives: flag pole chopping
will be able to describe Hone Heke's protest action
should be able to explain the reasons for Hone Heke's action
might be able to analyse why Hone Heke's perspective towards the treaty changed
Starter: the following are examples of protest. Can you name them all?
TASK: could Hone Heke have performed a more effective protest in any of the other ways below?
STARTER: What would you be prepared to fight in a war for?
A) to defend our country B)to defend your home C) to defend our allies (Australia, U.K, USA)
Bastion point
Waitangi Tribunal
land march
Discrimination by judges/ courts towards Maori
will be able to describe how judges/ courts discriminated against Maori
should be explain judge/ courts acted against the treaty
might be able to explain the effects of the judge's decision on Maori through linking concepts
Discrimination in the courts
The place of Te Reo Maori in NZ
will describe an incident involving Te Reo Maori
should explain a perspective on the treatment of Te Reo Maori
might be able to determine the best way forward for preservation of Te Reo Maori in NZ
The Rabbits is now on a separate prezi:
Does this image reflect Maori today?
Annotate: kawanatanga, tino rangatiratanga, taonga, sovereignty
Homework: how did Hone Heke's action show 'resistance'? Does it relate to any other concepts e.g have any others caused or been a consequence of his 'resistance'?
STARTER: Kanoa from the Project gets weekly complaints about her speaking in Te Reo. What do you think about this?
I think...
I think this because I value...(what you think is important)
Use this structure:
TASK 1: in your groups, open the google doc shared with you and divide up the below stories, completing the following
1. What is the main issue in the story
2. Give a perspective of someone involved in the story, using this framework:
a. ...thinks..
b. They think this because they value...
c. "..." (Provide a quote that backs up your explanation in a/ b)
Issues involving Te Reo Maori
TASK 2: what do you think should be done about increasing Te Reo Maori speakers (currently only 3% of people can speak fluent Maori). Choose the one you think is the best from the following options (or suggest another), giving reasons for your choice.
Whose land should it have been?
Option 1: compulsory Te Reo Maori in Primary Schools
Option 2: more Kohanga Reo Schools (schools based on Maori values and where Maori is the main language spoken)
Option 3: more Te Reo Maori translations e.g road signs, place names, weather reports etc.
Option4: no action for whole of NZ, leave it up to Maori to revive their language.
Let's revisit the idea from the first lesson on what you think of Waitangi Day and whether it should be celebrated? Discuss with someone at your table,
Let's look at some other people's ideas:
The Government has admitted that it's past actions have wronged Maori, especially concerning land. Therefore, should the government return to Maori all land that it has wrongfully taken?
Do you agree?

What would be the problems with returning the land?
Discrimination by judges/ courts towards Maori
will be able to describe how judges/ courts discriminated against Maori
should be explain judge/ courts acted against the treaty
might be able to explain the effects of the judge's decision on Maori through linking concepts
Search in youtube: The Treaty of Waitangi Today - The Treaty Settlement Process
Full transcript