What is a Treaty?

A treaty is a legal document which binds two parties under the international law. Treaties are also referred to as "agreements" or "conventions". They have been used to end wars, settle land disputes and also to establish new countries.

Treaties generally contain a set of articles which define the responsibilities which go with the signing of the treaty. They normally also contain a statement of purpose, terms of termination, expiration time or any exclusions. Additionally, most treaties come with a preamble.

The Treaty of Waitangi

The Treaty of Waitangi is what most people consider the founding document of New Zealand. The treaty was an agreement made by representatives of the Maori (native New Zealand people) and the British Crown. The treaty is named after Waitangi: a place in the Bay of Islands where the treaty was first signed.

The preamble defines the objectives and the context of the treaty. These terms may be able to be anything one of the parties of the treaty wants as long as they are not in conflict with a "norm of international law"

If a party wants to terminate the treaty, it can be terminated by its own terms or when both parties consent to the termination. A treaty normally comes into effect when all parties have agreed to the treaty. However, in certain circumstances, there may also be the need for a certain amount of signatures before it becomes valid.

The treaty stated that the Maori gave sovereignty of New Zealand to Britain. The treaty also stated that the Maori gave the Crown the full right to buy land which they were willing to sell and in return, they would be given full rights of ownership over their lands, forests, fisheries and other possessions. However, due to mistranslations in the treaty and different understandings, the treaty has been debated in the last few decades.

Copies of the treaty can be seen on the Archives New Zealand website which is found Here

You can learn more about this treaty by visiting other posts on this website.