“The chiefs of the Confederation of the United Tribes of New Zealand and the seperate and independent chiefs who have not become members of the Confederation cede to Her Majesty the Queen [Victoria] of England absolutely and without reservation all the rights and powers of sovereignty which the said Confederation or individual chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective territories as the sole sovereigns thereof.”
– Article 1 of the “Treaty of Waitangi” (1840), today considered the basis of the unwritten constitution of New Zealand
Early contact with Europeans, the Musket Wars, and the Treaty of Waitangi (1840)
European ships reached New Zealand as early as 1642. But the two main islands of what is now New Zealand were already inhabited by the Māori, as you may know. The British explorer James Cook arrived in 1769 – and, over the course of three voyages, Captain Cook eventually mapped and circumnavigated New Zealand. Of course, Māori wars predate European contact – but they took on a somewhat different character when European weapons like the musket arrived. This led to the native “Musket Wars,” which went from 1818 to sometime in the 1830s. (It’s hard to know exactly when these wars ended.) On 6 February 1840, William Hobson and his British associates signed the “Treaty of Waitangi” with some of the natives. Its anniversary is today celebrated as the national holiday of New Zealand. It is simply called “Waitangi Day” there. The local Māori tribes were convinced to sign. They had to cede many of their rights to the government of Queen Victoria, much to their chagrin. In return, Queen Victoria recognized their rights as “British subjects” (see the further quotes from the treaty below). Thus, one might say that the “Treaty of Waitangi” forms the basis of the unwritten New Zealand constitution – just as the Magna Carta forms the basis of the unwritten British constitution. But there were soon early engagements between the Māori and the British, such as the Wairau Affray in 1843.
The earlier Musket Wars, a Māori conflict influenced by the European musket
Hōne Heke cuts down the flagstaff on Flagstaff Hill at Kororāreka
An overview of the New Zealand Wars (1845-1872), which soon sucked in nearby Australia
But the “New Zealand Wars,” as they are now known, actually began in 1845. For example, there was a Flagstaff War from 1845 to 1846 – although the New Zealanders were already attaining some measure of self-government in the 1850s. For example, the British Parliament passed the New Zealand Constitution Act 1852. But the New Zealand Wars continued. There were Hutt Valley and Whanganui campaigns from 1846 to 1848. And the First Taranaki War was from 1860 to 1861. To some degree, it would involve the nearby Australians, one of whom died from an accidental gunshot wound during his deployment. The invasion of the Waikato was from 1863 to 1864. Again, troops from nearby Australia were called in – this time to a somewhat greater degree. As Wikipedia puts it, “Australians were involved in actions at Matarikoriko, Pukekohe East, Titi Hill, Ōrākau and Te Ranga. Fewer than 20 were believed to have been killed in action.” (Source: Their page on “Military history of Australia,” section entitled “New Zealand Wars, 1861–64,” subsection entitled “Invasion of the Waikato”) This is why, to some degree, these wars are also considered important for Australian history – and for the larger British Empire. There were also further campaigns in Taranaki and the East Cape from 1864 to 1866. Tītokowaru’s War was fought from 1868 to 1869. And Te Kooti’s War was fought from 1868 to 1872. This basically ended the “New Zealand Wars.”
The gunboat Pioneer at Meremere during the Invasion of the Waikato
The Armed Constabulary ambushed by Tītokowaru’s forces at Te Ngutu o Te Manu
Comments on later wars in New Zealand, and further constitutional developments there
New Zealand was eventually involved in the Boer War – and, eventually, in the Great War, also known as World War One. For example, New Zealanders took part in the invasion of Gallipoli, as part of the Australian and New Zealand Army Corps (or “ANZAC”). As in Australia, “Anzac Day” is a public holiday in New Zealand, commemorated on the anniversary of when the Gallipoli invasion began in 1915. In the interwar period, the status of New Zealand independence was affected by another act of the British Parliament. It was called the Statute of Westminster 1931. Later on, New Zealand also took part in World War Two, and was particularly involved in the Pacific War. New Zealand’s relative casualties in World War II were greater than those of America, Canada, and even Australia. Indeed, they nearly approached those of the British Isles themselves. However, like other British Commonwealth nations, their relative casualties in World War One had been even greater. After World War Two ended, the status of New Zealand independence was affected by yet another act of the British Parliament. It was called the New Zealand Constitution (Amendment) Act 1947. New Zealand would also take part somewhat in the later Korean War. The New Zealand Parliament later passed the Constitution Act 1986. This had a great effect upon the unwritten constitution of New Zealand. It also had some effect on the debates regarding New Zealand independence. Further modifications to the unwritten New Zealand constitution came with the Electoral Act 1993. And New Zealand was involved in the twenty-first-century “War on Terror” as well.
A later reconstruction of Tāmati Wāka Nene in the act of signing the Treaty of Waitangi
The Treaty of Waitangi (1840), the basis of the unwritten New Zealand Constitution
Conclusion: The status of New Zealand independence is still somewhat debated today
Many New Zealanders today tend to identify as being “British.” They feel this way more than do their counterparts in Australia, Canada, or the United States. The status of the New Zealand constitution remains an area of some debate today – although, in practice, New Zealand has long enjoyed a large measure of independence from the British Empire. Its wars formed a part of the history of Australia, as well as a part of the larger British Empire. I can only wish the New Zealanders well at this time – and try, as others do, to learn from their history.
“Her Majesty the Queen [Victoria] of England confirms and guarantees to the chiefs and tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their lands and estates forests fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the chiefs of the United Tribes and the individual chiefs yield to Her Majesty the exclusive right of preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them in that behalf.
In consideration thereof Her Majesty the Queen [Victoria] of England extends to the natives of New Zealand Her royal protection and imparts to them all the rights and privileges of British subjects.”
– Articles 2 and 3 of the “Treaty of Waitangi” (1840), today considered the basis of the unwritten constitution of New Zealand
Footnote to this blog post:
In 1986, the New Zealand Parliament officially declared that “The following enactments of the Parliament of the United Kingdom, namely, (a) The New Zealand Constitution Act 1852 … and (b) The Statute of Westminster 1931 … and (c) The New Zealand Constitution (Amendment) Act 1947 … shall cease to have effect as part of the law of New Zealand.” (Source: Constitution Act 1986) This was basically a declaration of New Zealand’s independence from Great Britain and its Parliament. However, since the British Parliament has so far not confirmed the act, the status of New Zealand now remains an area of some dispute today.
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