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Declaration of Independence

This is an international declaration signed on 28 October 1835 which recognises the sovereignty of the Independent Tribes of New Zealand. It was the forerunner of the Treaty of Waitangi and has a flag to symbolise tribal rights to trade as independent nations.

Historical Context | The Declaration | Letter (James Busby) | Extract (Lord Glenelg)

Historical Context:

The Treaty of Waitangi must be seen in the context of events that happened over a number of years before 1840. One of the major events was the selection of a National Flag in 1834, and following this the Declaration of Independence which was signed on October 28, 1835, at Waitangi. The events leading up to this Declaration of Independence included:
  • the concerns of both the Church and Missionary Society, Busby and Māori about the lawlessness and behaviour of many Europeans particularly in the Bay of Islands. The letter sent to King William IV from the Māori chiefs is worth reading on this subject
  • the growing interest of other nations apart from Britain, e.g. France and United States, in New Zealand, and amongst these Baron Charles de Thierry, who claimed he had bought 40,000 acres of land and attempted to establish himself as the Sovereign Chief of New Zealand
  • the discussions , trips abroad , debates and plans within Māori society since around 1816 to establish a form of Māori government within Aotearoa, one which would unite the tribes in some form of common system
  • the successful participation by Māori in trading, shipping and other "European" areas of life.

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The Declaration of Independence:

A Declaration of
The Independence
of
New Zealand

  1. We, the hereditary chiefs and heads of the tribes of the Northern parts of New Zealand, being assembled at Waitangi, in the Bay of Islands, on the 28th day of October, 1835, declare the Independence of our country, which is hereby constituted and declared to be an Independent State, under the designation of the United Tribes of New Zealand.
  2. All sovereign power and authority within the territories of the United Tribes of New Zealand is hereby declared to reside entirely and exclusively in the hereditary chiefs and heads of tribes in their collective capacity, who also declare that they will not permit any legislative authority separate from themselves in their collective capacity to exist, nor any function of government to be exercised within the said territories, unless by persons appointed by them, and acting under the authority of laws regularly enacted by them in Congress assembled.
  3. The hereditary chiefs and heads of tribes agree to meet in Congress at Waitangi in the autumn of each year, for the purpose of framing laws for the dispensation of justice, the preservation of peace and good order, and the regulation of trade; and they cordially invite the Southern tribes to lay aside their private animosities and to consult the safety and welfare of our common country, by joining the Confederation of the United Tribes.
  4. They also agree to send a copy of this Declaration to his Majesty the King of England, to thank him for his acknowledgment of their flag; and in return for the friendship and protection they have shown, and are prepared to show, to such of his subjects as have settled in their country, or resorted to its shores for the purposes of trade, they entreat that he will continue to be the parent of their infant State, and that he will become its Protector from all attempts upon its independence.
    Agreed to unanimously on this 28th day of October, 1835, in the presence of His Britannic Majesty's Resident. (Here follows the signatures or marks of thirty-five Hereditary chiefs or Heads of tribes, which form a fair representation of the tribes of New Zealand from the North Cape to the latitude of the River Thames).

    English witnesses (signed)
    Henry Williams, Missionary, C.M.S.; George Clarke, C.M.S.; James C. Clendon, Merchant; Gilbert Mair, Merchant.

    I certify that the above is correct copy of the Declaration of the Chiefs, according to the translation of Missionaries who have resided ten years and upwards in the country; and it is transmitted to his Most Gracious Majesty the King of England, at the unanimous request of the chiefs.

    (signed)
    JAMES BUSBY, British Resident at New Zealand

HE WAKAPUTANGA O
TE RANGATIRATANGA
O
NU TIRENI

  1. Ko matou, ko nga Tino Ranatira o nga iwi o Nu Tireni i raro mai o Hauraki kua oti nei te huihui i Waitangi i Tokerau i te ra 28 o Oketopa 1835, ka wakaputa i te Rangatiratanga o to matu wenua a ka meatia ka wakaputaia e matou he wenua Rangatira, kia huaina, ko te Wakaminenga o nga Hapu o Nu Tireni.
  2. Ko te Kingitanga ko te mana i te wenua o te wakaminenga o Nu Tireni ka meatia nei kei nga Tino Rangatira anake i to matou huihuinga, a ka mea hoki e kore e tukua e matou te wakarite ture ki te tahi hunga ke atu, me te tahi Kawantanga hoki kia meatia i te wenua o te wakaminenga o Nu Tireni, ko nga tangata anake e meatia nei e matou e wakarite ana ki te ritenga o o matou ture e meatia nei matou i to matou huihuinga.
  3. Ko matou ko nga tino Rangitira ka mea nei kia huihui ki te runanga ki Waitangi a te Ngahuru i tenei tau i tenei tau ki te wakarite ture kia tika ai te wakawakanga, kia mau pu te rongo kia mutu te he kia tika te hokohoko, a ka mea hoki ki nga tauiwi o runga, kia wakarerea te wawai, kia mahara ai ki te wakaoranga o to matou wenua, a kia uru ratou ki te wakaminenga o Nu Tireni.
  4. Ka mea matou kia tuhituhia he pukapuka ki te ritenga o tenei o to matou wakaputanga nei ki te Kingi o Ingarani hei kawe atu i to matou aroha nana hoki i wakaae ki te Kaara mo matou. A no te mea ka atawai matou, ka tiaki i nga Pakeha e noho nei i uta, e rere mai ana ki te hokohoko, koia ka mea ai matou ki te Kingi kia waiho hei matua kia matou i to matou Tamarikitanga kei wakakahoretia to matou Rangatiratanga.
    Kua wakaaetia katoatia e matou i tenei ra i te 28 Oketopa, 1835, ki te aroaro o te Reireneti o te Kingi o Ingarani.

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Letter from James Busby to the British Under Secretary of State:


THE BRITISH RESIDENT to the UNDER SECRETARY of STATE.
British Residency at New Zealand, Bay of Islands,
2nd November, 1835.

Sir, -
I have the honour to enclose herewith a copy of a Declaration, by the chiefs of the Northern parts of New Zealand, of the Independence of their country, and of their having united their tribes into one State, under the designation of "The United Tribes of New Zealand." In this Declaration the chiefs entreat that His Majesty will continue to be the parent of their infant State, and that he will become its Protector from all attempts on its independence; and it is at their unanimous desire that I transmit this document, in order to its being laid at the feet of His Majesty.

Mr. Under Secretary Hay.
&c.;,      &c.;,     &c.;,
I have, &c.;,
(signed)JAMES BUSBY,
British Resident at New Zealand.

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EXTRACT of a DESPATCH from Lord GLENELG to Major-General Sir RICHARD BOURKE, New South Wales, dated Downing Street, 25th May, 1836:


I have received a letter from Mr. Busby, enclosing a copy of a Declaration made by the chiefs of the Northern parts of New Zealand, setting forth the Independence of their country, and declaring the Union of their respective tribes into one State, under the designation of The United Tribes of New Zealand. I perceive that the chiefs at the same time came to the resolution to send a copy of their Declaration to His Majesty, to thank him for his acknowledgment of their Flag, and to entreat that, in return for the friendship and protection which they have shown , and are prepared to show, to such British subjects as have settled in their country or resorted to its shores for the purposes of trade, His Majesty will continue to be the parent of their infant State, and its Protector from all attempts on its independence.

With reference to the desire which the chiefs have expressed on this occasion to maintain a good understanding with His Majesty's subjects, it will be proper that they should be assured, in His Majesty's name, that He will not fail to avail himself of every opportunity of showing his goodwill, and of affording to those chiefs such support and protection as may be consistent with a due regard to the just rights of others, and to the interests of His Majesty's subjects

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