Principles defined

Yesterday’s two government Treaty of Waitangi experts on the letters page forget that Justice Cooke and Sir Geoffrey Palmer respectively already define the Treaty’s “principles” as “reciprocal fiduciary obligations” and as “partnership, participation, and active protection”.

Whether the chiefs retained or ceded sovereignty is today irrelevant. Nineteenth century military and police operations ensured that sovereignty was seized to the settlers’ parliament.

However, in international law on treaties, “contra preferentem” does apply, so when officially gazetted in London in 1841, the Treaty’s Māori version was cited as “Treaty” and the English as “Copy”.

Understandings that the “tino rangatiratanga” article guaranteed tribal self-determination alongside Crown rule over English settlers was no 1980s judicial activism by Justice Cooke, but well understood in the 1840s and 60s by Captain Hobson himself, Protector of Aborigines Clarke, Surveyor General Mathew, Chief Justice Martin, and by the Protestant missionaries. All understood this article as according chiefs their “entire chiefship”.

Gary A Clover, Richmond, Tasman