40
The History of New Zealand
ures in New South Wales, or as the weak and vacillating Pontius Pilate in
the Bible. Governorship suggested some limited form of cession rather
handing over full and final authority to another nation.
The second clause is also fraught with difficulty. For a start, the English
version guarantees Maori the "full, exclusive and undisturbed possession
of their Lands and Estates, Forests, Fisheries and other properties," whereas
the Maori version mentions only the "full chieftainship of lands, villages
and taonga (treasures)." In addition to the problem of describing as prop-
erty land that had not been valued, mapped, surveyed, or sold, the
valuable resources of forests and fisheries were placed in a somewhat
ambiguous category. Even worse, the term preemption (used in relation to
land sales) is problematic enough in English, let alone in Maori. This ar-
cane notion means the right of first refusal and had not been used in legal
documents by the British Crown since the time of Charles II in the 1670s.
Maori, not surprisingly, interpreted it in this traditional sense, but Busby
and Hobson meant it to refer to the Crown's monopoly over land sales,
which they saw as essential to ensure that Maori land could be bought
cheaply before being sold to settlers to cover the costs of developing the
colony. When Governor Gipps of New South Wales explained this to the
southern chief Tuhawaiki in Sydney, the chief refused to sign because he
realized that Maori would need to get market prices for their land if they
ever hoped to generate enough capital to share in the benefits of devel-
opment. The notion of a Crown monopoly over land sales also contra-
dicted the third clause of the
treaty—one
of the rights of an Englishman
is freedom of contract, that is, the right to buy from and sell to whomso-
ever he chooses. The simple Maori term hokonga (selling) could not hope
to reflect this level of complexity.
Despite these problems, after some initial opposition 52 chiefs agreed
to sign the treaty. They saw that its difficulties were outweighed by the
advantages to be gained. Hobson, now seriously ill, instructed a group of
naval officers and missionaries to take the treaty around the country to
secure a more representative group of signatories. About 532 chiefs, or
roughly half those eligible, signed, thereby providing a clear mandate.
Taranaki Maori on the west coast of the North Island did not sign, for the
simple reason that no one took the treaty to that part of the country. Some
very high-ranking
chiefs—such
as Te Wherowhero of the Tainui confed-
eration and Te Heuheu of
Tuwharetoa—would
not submit their mana to
that of "a mere girl" (as they called Queen Victoria); however, some minor
chiefs of those tribes signed just in case, as scholars have recently discov-
ered. Fierce tribal and even
intratribal
rivalry ensured that various factions
signed to ensure that their rivals did not steal an advantage over them.