Toitū te Tiriti: Decolonial and Ecologist Struggles in New Zealand to Defend the Māori Treaty
Last December 1st, after a two-stop flight and about 27 hours of travel, I
arrived in Wellington, the capital of New Zealand, where I am spending a
six-month research period at Victoria University during my third year of a PhD
in Artificial Intelligence, working on projects related to LLMs.
For a capital city, Wellington is relatively small, with about 200,000
inhabitants, after Christchurch and Auckland—the only city in the country with a
population exceeding one million. The city center is easy to explore on foot,
divided between the commercial area, with tall glass buildings above shopping
streets, and the more distinctive and lively neighborhood of Te Aro, where most
of the evening and nightlife takes place along the two perpendicular streets,
Cuba and Courtenay Place. Climbing the hill just behind the city center, you
reach the university area, which borders a large botanical garden. Outside the
center, the neighborhoods are a vast spread of wooden standalone houses
interspersed with large green spaces.
Walking around the city at the time of my arrival, it was impossible not to come
across posters and signs plastered on walls about the issue currently at the
forefront of New Zealand’s political debate. Even outside the city center,
houses displayed flags and signs with a black, red, and white design and the
words—sometimes in Māori, sometimes in English—”Toitū te Tiriti,” “Honour The
Treaty.”
In mid-November, just before my arrival, a video went viral on social media
showing Māori MP Hana-Rawhiti Maipi-Clarke starting to sing and perform a
traditional haka dance in Parliament, followed by her colleagues, as a sign of
opposition to the proposed “reinterpretation” of the Treaty of Waitangi by the
libertarian ACT party. The Treaty is considered the cornerstone of the
relationship between Indigenous people and the New Zealand state, and the
current controversy is just the latest in a series of attempts to dismantle the
recognition of Māori community rights.
Beyond the strictly legal aspects, the context I have encountered in this
country is an extremely complex and still-evolving situation, with a very
particular relationship between different segments of the population. Although I
have only been here for a short time, I have tried to understand it a little,
with the help of people involved in the ongoing movements.
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Flyers and posters around the city
A SOVEREIGNTY NEVER SURRENDERED
After about 500 years of settlement by polynesian explorers on the islands—who
would later form the identity of the Māori people—James Cook was the first
European to land in Aotearoa in 1769, after 120 years from Abel Tasman
exploration. His arrival triggered an influx of European and American ships,
leading to fierce conflicts and repression that lasted over 40 years and
resulted in the deaths of between 30,000 and 40,000 Māori.
Given the competing interests of multiple nations, the British government
decided to send William Hobson to the islands to negotiate an agreement with the
native inhabitants. He was the one who, in just four days, drafted the three
articles that make up the Treaty of Waitangi, signed on February 6, 1840,
between Hobson and between 43 and 46 Māori rangatira (chiefs), and considered
the founding document of New Zealand. The treaty, originally written in English,
was translated into Māori on the night of February 4 by missionary Henry
Williams and his son Edward.
The document was then circulated across the islands in multiple copies,
eventually gathering the signatures of over 500 other hapū (the fundamental
social unit of the Māori community) before the end of the year. The document
consists of three articles that regulate the conditions of the Crown’s presence
on the islands and its relationship with the Māori population. At the center of
the (mostly political) debate is the difference in meaning that certain terms
take on in the two versions of the treaty.
> The first article of the treaty concerns the rights that the Māori community
> grants to the Crown. In the Māori version, the term kāwanatanga is used,
> meaning a permission to govern. Kāwanatanga is understood as a limited form of
> authority that allows the British to control and regulate their own
> settlements. However, the English version uses the term sovereignty, implying
> an exclusive right to govern, sell land, and assimilate Māori under the same
> legal status as British subjects.
In Article 2 of the Te Reo (māori language) text, Māori are guaranteed the right
to exercise tino rangatiratanga over their lands, villages, and treasures—a term
that more closely aligns with the concept of sovereignty in the Māori language.
However, in the English version, it was translated as possession, significantly
weakening its original meaning. The third article, identical in both versions,
guarantees the Crown’s protection of the Māori community.
“Māori never ceded sovereignty”—is a widely used slogan seen across the city and
at protests. As many point out, in 1840, the Māori population was around 80,000,
while the British settlers numbered only about 2,000, scattered throughout the
country. Given such an imbalance, it is highly unlikely that the local community
intended to hand over control of the islands. In the Māori perspective, Te
Tiriti was meant to be a tool for fostering cooperation and co-existence with
the newcomers, who were seen as guests on the land, and more broadly, the
integration into the international community as a sovereign nation. Most of the
signatures collected from Māori chiefs were on the Māori-language version.
William Hobson, who neither spoke nor read Te Reo Māori, used the treaty to
declare British sovereignty over the North Island, while applying the terra
nullius doctrine to claim the South Island—a concept widely used in colonial
Europe to justify invasions and land seizures.
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Writings and stickers around the city
Following the treaty’s signing, new waves of settlers arrived, fueling Māori
fears of losing control over their lands. This led to further conflicts,
beginning in 1843 and culminating in the 1860s with a series of colonial wars –
the New Zealand Wars – which saw 18,000 British Troops deployed in the country –
more than anywhere else in the British Empire outside of India. To this day the
New Zealand Wars remain largely unrecognised in the public consciousness –
recent attempts to implement the period into the country’s education curriculum
have been met with backlash. Another battleground was the suppression of the
Māori language. In 1867, under the Native Schools Act, the use of Te Reo Māori
was officially banned. Many older generations of Māori grew up without learning
their language, leading to a cultural disruption. Restrictions were so severe
that, by the early 20th century, children were forbidden from speaking Te Reo
Māori in class or even in the schoolyard, facing corporal punishment if they
did.
> Land confiscations were also made easier with the establishment of the Native
> Land Court in 1865, which Māori called Te Kōti Tango Whenua—”the land-taking
> court.” By the early 20th century, the Treaty of Waitangi was virtually
> ignored by the British, sparking decades of resistance and protests. For about
> 50 years, no one knew where the original document was. It was rediscovered in
> the early 1900s in an archival building, severely damaged by rats and water.
Things began to change in the 1970s. In 1975, the Waitangi Tribunal was
established to investigate treaty breaches, and in 1985, it was granted
retrospective powers to address grievances predating its creation. This moment
has to be considered as the result of a huge and long period of efforts and
struggles of the Māori community, culminating in the occupation of Bastion point
and the Land March led by Dame Whina Cooper in 1975, which is also the
inspiration for the last hīkoi of 2024. Since 1974, February 6 has been
recognized as Waitangi Day, New Zealand’s national holiday commemorating the
treaty’s signing.
Language rights also started to shift during this period. In 1984, the so-called
Kia Ora Incident took place: Nadia Glavish, a telephone operator in Auckland,
greeted callers with the traditional Māori salutation Kia Ora and was reported
and dismissed for it. The case gained national attention, and after being
reinstated, her story became a symbol of the push for language revitalization.
In recent months, the issue has been reignited by the Principles of the Treaty
of Waitangi Bill, commonly referred to as the Treaty Principles Bill, a
legislative proposal introduced by David Seymour of the ACT Party aiming to
redefine the key points of the Treaty.The proposal is framed around the argument
that Māori receive different legal treatment compared to the rest of the
population, advocating for a principle of equality under which “all New
Zealanders are equal before the law.” In essence, however, the bill represents
yet another historical attempt to erase the recognition of the Indigenous
community and neutralize the colonial context. Furthermore, it’s well recognised
that different treatment of justice and police behaviour for Māori community
respects the rest of New Zealand population, with higher chance of prosecution
to incarceration even for the same crime. More broadly, the treaty establishes
the collective rights of Māori to exercise sovereignty and that is what Seymour
is really trying to erode, appealing to a superficial and dishonest concept of
“equality”.
According to the Waitangi Tribunal, the proposed legislation would reduce Māori
rights and the Crown’s obligations, make it more difficult for Māori to access
justice, undermine social cohesion, and downgrade the constitutional status of
the Treaty. Additionally, the decision to exclude Māori representatives from the
Treaty review process has sparked particular outrage.
Protests culminated on November 20, 2024, in Wellington, where more than 35,000
people participated in one of the largest demonstrations in New Zealand’s recent
history, following a nine-day hīkoi (march) across the country. On Thursday, 10
April, the Treaty Principles Bill was voted down by 112 votes to 11, marking its
end. However, months of public consultation have sparked a complex and ongoing
debate about the current relationships between communities on the islands —
relationships that touch on language, traditions, economics, and environmental
governance.
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Memes and satirical cartoons from an activist fanzine
«TE REO IS A JOURNEY»
As soon as I landed in Wellington, even from the airport screens and signage, it
felt like I had arrived in a bilingual country: from restroom signs to city
names, almost everything appeared in both English and Māori. Walking around the
city, the same impression holds. Even in the months leading up to my arrival in
New Zealand, I had already noticed the widespread use of Māori greetings and
expressions in university emails and messages from local contacts, which gave me
the sense of a special relationship with the language. Once in Wellington, I saw
firsthand how common Māori phrases were in everyday life—not just in casual
greetings but also in public and institutional speeches, even among Pākehā, New
Zealanders of European descent.
At first, I wondered if this could be considered cultural appropriation, but I
soon realized the situation was different—and much more complex. Through reading
and conversations, I began to understand that the spread of Te Reo, and
therefore its revitalization, is seen as a way for Māori to assert their
identity, as well as a historical response to decades of language suppression.
Of course, there are contexts where Māori customs and practices remain distinct
from non-Māori communities, but the line is subtle and not clearly defined.
> The overall impression is that New Zealand is undergoing a very recent and
> ongoing process, where relationships and coexistence between different
> communities are still being shaped—not without contradictions and complexities
> yet to be unpacked.
In the mobilizations and in the collective journey, between Māori communities
and other segments of the population, one can perceive that complex relationship
that exists between directly interested subjectivities and allied ones, with all
its contradictions. On July 28, 2004, at Victoria University of Wellington,
Labour government Minister for Race Relations Trevor Mallard gave a speech
titled “We Are All New Zealanders Now”, presenting a pacified and unified
national narrative. This sparked a broad debate about the recognition of
privilege and difference within society. Quoting a pamphlet found in the city by
writer and activist Ani Mikaere — “Are we all New Zealanders now?” — she writes:
«There is no doubt that many Pākehā will find this challenging: their obsession
with control over the Māori–Pākehā relationship to date could almost be
categorised as a form of compulsive disorder. Giving up such control requires a
leap of faith. […] When you think about it, there is nowhere else in the world
that one can be Pākehā. Whether the term remains forever linked to the shameful
role of oppressor or whether it can become a positive source of identity and
pride is up to Pākehā themselves. All that is required for them is a leap of
faith».
Shortly after my arrival, I came across Whatever Palace, a space rented by
activists linked to a local publishing house, 5ever Books. They hosted various
events on current issues—mainly the Palestinian cause, LGBTQIA+ rights, and
discussions on the Treaty and anti-colonialism. The space also offered Te Reo
classes, which I attended a couple of times. These classes turned out to be
moments of self-reflection on the state of things.
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Whatever Palace and Ash’s Te Reo course
On February 6th, for Waitangi Day, a hīkoi (march) started from Parliament and
ended at Waitangi Park, where a stage hosted music and speeches throughout the
day. A nearby theater also held an open discussion titled “Te Tiriti and Me,” a
space for Māori, Pākehā, and others to share their experiences in today’s
multicultural coexistence. While it wasn’t always easy for me to understand
everything—especially given the frequent use of Māori terms—it was clear how
dynamic and current the debate was. At one point, a woman of European descent
spoke about her struggles in using Māori words and expressions, fearing she
might use them incorrectly while also not wanting to avoid them, as she saw them
as a tool for integration. “Te Reo is a journey,” one of the moderators replied.
Te Reo is a journey—a path in which many relationships and circumstances are
still being defined.
*
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Waitangi Day, February 6, 2025
The issue of the Treaty and the proposed amendments also intersects with various
other matters, such as environmental policies, privatization, and the
construction of large invasive infrastructure projects. Since the 1990s,
privatization processes have been underway in New Zealand, such as the case of
the ECNZ electricity company, which was split by the government into various
private companies, or the sale of Air New Zealand, Telecom, and several energy
companies. In 2008, Auckland Airport was sold for 1.65 billion dollars, leading
to rising prices and a loss of public control over operations in the following
years. In 1993, New Zealand Rail was sold to private owners for 328 million
dollars, later experiencing such a decline in service that it was repurchased in
2008 for 690 million. The healthcare sector has also been facing staff and
resource cuts for years, allowing space for the growth of private facilities.
> A significant aspect of all this was the Foreshore and Seabed Act 2004, which
> sought to nullify Māori claims to coastal and seafloor areas. This had major
> implications, as it allowed the government to sell mining and fishing rights
> to private companies. It was met with strong resistance but was eventually
> repealed. At the heart of the matter was the fact that the Waitangi Tribunal
> informed the government that it was in breach of the Treaty, yet the
> government proceeded with the bill anyway.
In this context, the Treaty Principles Bill (TPB) would enable further
privatization processes by removing barriers that have historically hindered
them. Laws such as the State-Owned Enterprises Act of 1986, the Conservation Act
of 1987, and the Resource Management Act of 1991 contain clauses requiring the
government to consider the Treaty and not ignore the interests of the Māori
community in decisions regarding national assets—constraints that would
disappear under the TPB.
Last year, the National Party, the center-right ruling party, also proposed the
Fast Track Bill, a law aimed at facilitating and speeding up the approval
processes for large infrastructure projects. The mining company Trans Tasman
Resources has already announced its intention to use the Fast Track Bill to gain
access to South Taranaki Bay, where it plans to extract 50 million tons of
seabed annually for over 30 years. In recent months, there have been numerous
protests and demonstrations by organizations including Greenpeace, WWF,
Extinction Rebellion, and many others. As highlighted, the Fast Track Bill is
also part of an effort to exclude local communities from decision-making
regarding land management.
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Mobilizations in defense of the Treaty and against the Fast Track
Beyond the strictly legislative aspect, these issues have sparked broader
reflections on privilege and the different living conditions among the island’s
communities. At the end of March, Green Party MP Tamatha Paul made strong
criticisms of the presence and conduct of the New Zealand police, harshly
condemning their treatment of homeless people (“they wait for them to leave
before throwing their belongings in the trash”) and pointing out that
communities like Māori and Pasifika are subject to police stops and searches 11
times more frequently than others. Her remarks triggered fierce reactions from
the right-wing National Party, the libertarian ACT Party, the populist New
Zealand First, and even from members of the Labour Party.
Finally, in the field of new technologies, critical and decolonial perspectives
have also emerged, from investigations into AI surveillance biases against Māori
to projects developing large language models (LLMs) for linguistic preservation
and discussions about licensing regulations for the use of sensitive information
by big tech companies.
The overall picture is extremely broad and complex, deeply intertwined with the
personal experiences of the island’s communities. To gain more insights, I asked
a few questions to Ash and Peregrin, which I met at Whatever Palace and both
involved in the recent mobilizations:
What does the Treaty mean to you? And what is your personal relationship with Te
Reo?
A: Te Tiriti to me means honouring our sovereignty and knowledge that this is
our whenua which we are more than happy to have people with us from all over but
yet it seems to be claimed by mostly colonialists. Te Tiriti means being honored
as tangata whenua, respected. Our Tiriti has not been adhered to by the white
people and governments keep taking our land. I speak, read and write fluently te
Reo. I am of Maori, English, Irish and Scottish descent.
P: Te Tiriti o Waitangi is a great foundation for upholding tino
rangatiratanga, but only if it is acknowledged, upheld and respected – for the
vast majority of the country’s colonial history it has not been – but for most
of my life, it has. When upheld, it ensures checks and balances against all
kinds of unsavoury undertakings – from deep-sea mining, to resource over
exploitation. It also has provisions for indigenous peoples (I say this broadly
as this is something few colonising states consider) to voice their wisdom,
which benefits EVERYONE – It pays to listen to the people who have resided in
an area for centuries regarding land use, especially if that land is prone to
ecological collapse, wild weather or periodic violent geological activity. My
kuia (grandmother) taught me some basic Te Reo from a young age, but I didn’t
start aiming for fluency until I moved to Wellington in 2015. I was fortunate
enough that Te Wānanga o Aotearoa was offering free year-long courses to learn
Te Reo, and I attended those for 3 years, ending up in a full immersion
programme which got me to fluency. I still struggle following some of Te Karere
(Māori TV’s main news media) and whaikōrero (traditional oratory at community
gatherings), but I can get the gist of most things and have conversations with
other fluent speakers. I’m really fortunate that I have had the privilege to do
this – especially as my grandmother was herself struck by teachers for speaking
it at her school – they would send the kids to the forest at the edge of the
school yard and have them collect kareao/supplejack which is a tough vine.
They’d then strike the kids who were speaking Māori with the kareao. If I ever
have kids I want them to be bilingual, te reo will be in and around the home
always – but in central Wellington I really struggle to find others to kōrero
with if I’m not attending a class. I have noticed that this is changing, with
more and more people attending these courses.
From both a national perspective and your own experience, how do you think
relationships between different communities in Aotearoa and public opinion have
changed in recent years?
A: I think people who have come from other countries have started to educate
themselves more on te Tiriti and the Maori people and I saw at the Hikoi just
how united we are.
P: I am saying this as someone of mixed Māori-Pākehā ancestry – and someone who
is white passing: I really think Pākehā New Zealanders who show solidarity need
to skill up a lot more on Te Tiriti and the country’s history. I’m not saying
this to the gleefully ignorant or the overtly racist Pākehā, I’m saying this to
the allies flying the tino rangatiratanga flag and joining us on the hīkoi: it’s
so great to see you here, nau mai haere mai. But please do take the time every
now and then to spend some time reading Ranginui Walker, or “Ask That Mountain”
or heck, even an afternoon on Wikipedia might be the go. It’s frustrating seeing
lots of well intentioned people still lacking a basic understanding of the
country’s history or even worse – spouting a false colonial narrative (there are
many). It’s not their fault entirely: New Zealand’s education curriculum has
explicitly left chapters of our country out, and teachers have been woefully
underequipped at best and reluctant at worst. Since the hīkoi last year I have
noticed some improvement here: I’m not hearing many “allies” disparaging the
Treaty anymore (I think many tended to assume the Treaty was an evil document
made to “trick” Māori – not a particularly accurate or helpful narrative).
How do you think the political situation regarding this issue will evolve?
P: I worry at times. The toxic algorithm-driven vitriol that has lobotomised
public discourse in the USA seems to be bedding down the world over, and I don’t
think we are immune. This current coalition government is deep in the sheets
with two proponents of such discourse – David Seymour and Winston Peters. Both
are invoking “anti-woke” rhetoric, erasing historical context, dismissing nuance
and employing false narratives in their political strategies. But seeing the
nation turn out to denounce this bullshit is inspiring.
Various movements have emphasized the connection between the Treaty and other
issues, such as environmental, financial, and technological matters. What are
your thoughts on this?
P: As I mentioned above, the Treaty has been an effective safeguard against
capital-driven exploitation of our natural environment. Looking ahead I won’t be
surprised if it can also function to safeguard data rights and other taonga at
the intersection of society and technology.
What forms do you think activism will take in the coming months or years?
P: Last year’s hīkoi was based on the Land March of 1975. There’s a long
tradition of activism in this country, and we have many noble ancestors to look
to for guidance.
Titiro whakamuri, haere whakamua.
We look back before we go forward.
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Toitū te Tiriti, Cuba Dupa e Waitangi Day
The cover image is by TheLoyalOrder (Wikipedia). All images within the article
are by Daniele Gambetta.
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