Treaty making by European powers with indigenous peoples had always been common in empire building. Treaties were dependent on the specific situation. In 19th century New Zealand, the British wanted to formalise their involvement in the country, protect British interests, regulate land speculation, control violence and disordered settlement. They were faced with a
Māori population that was more numerous, with cultivated land and government. Therefore, the British drew up the Treaty of Waitangi. In comparison, this situation did not apply in Australia where no treaties were deemed necessary by the British. While heading the parliamentary campaign against the British
slave trade for twenty years, leading to slave trading being prohibited in the British Empire in 1807,
William Wilberforce, with other members of the
Clapham Sect, championed the foundation of the
Anglican Church Missionary Society (CMS) in 1799, with the determination to improve the treatment of indigenous people by the British. This led to the establishment of the Christian mission in New Zealand, which saw laymen arriving from 1814 to teach building, farming and Christianity to Māori, as well as training Māori ministers. In 1832, the British government sent
James Busby to serve as the British
Resident in New Zealand, partially in response to calls from merchants, missionaries and individuals citing the
Elizabeth affair, but largely in order to protect British trade. Despite his lack of authority, Busby's immediate intentions were to create a centralised body of chiefs through which he hoped to indirectly govern the tribes. In 1834, Busby, Henry Williams, William Colenso and Eruera Pare Hongi drafted , (a Declaration of the Independence of New Zealand) often shortened to
He Whakaputanga. English translation was made at the time of signing. Thirty-four northern Māori rangatira signed the declaration on 28 October 1835, becomming known as
the Confederation of United Tribes. The signatures of a further eighteen rangatira were added to He Whakaputanga by 1839, including two non-northern rangatira:
Te Wherowhero, the Waikato chief who would later become the first Māori king, and
Te Hāpuku of
Ngāti Te Whatuiāpiti. Matthew Palmer has said that He Whakaputanga asserted that the 'public authority' of New Zealand remained with Māori; the English text as translated by Busby declares "sovereign power and authority" and the original text refers to kingitanga and mana, which has been translated by Manuka Henare as referring to sovereignty or kinship. Although one official called it "silly and unauthorised", the
Colonial Office acknowledged He Whakaputanga with the assurance that the King would protect Māori as long as it was ‘consistent with a due regard to the just rights of others and to the interests of His Majesty’s subjects’. From a Māori perspective, He Whakaputanga had a twofold significance: first, for the British to establish control of its lawless subjects in New Zealand; and second, to establish internationally the
mana and sovereignty of Māori
leaders. From May to July 1836,
Royal Navy officer Captain
William Hobson, under instruction from
Governor of New South Wales Sir
Richard Bourke, visited New Zealand to investigate claims of lawlessness in its settlements. Hobson recommended in his report that British sovereignty be established over New Zealand, in small pockets similar to those of the
Hudson's Bay Company in
Rupert's Land (in present-day
Canada). Hobson's report was forwarded to the Colonial Office. From April to May 1838, the
House of Lords held a
select committee into the "State of the Islands of New Zealand". The
New Zealand Association (later the
New Zealand Company), missionaries,
Joel Samuel Polack, and the Royal Navy made submissions to the committee. On 15 June 1839, new
letters patent were issued in London to expand the territory of
New South Wales to include the entire territory of New Zealand, from latitude 34° South to 47° 10' South, and from longitude 166° 5' East to 179° East. Governor of New South Wales
George Gipps was appointed Governor over New Zealand. This was the first clear expression of British intent to annex New Zealand. Hobson was called to the Colonial Office on the evening of 14 August 1839 and given instructions to take the constitutional steps needed to establish a British colony. He was appointed
Consul to New Zealand and was instructed to negotiate a voluntary transfer of sovereignty from the Māori to the British Crown – as the House of Lords select committee had recommended in 1837. The
Secretary of State for War and the Colonies, the
Marquess of Normanby, gave Hobson three instructions: to gain freely given Māori recognition of British sovereignty over all or part of New Zealand, to assume complete control over land matters, and to establish a form of civil government. The Colonial Office did not provide a draft of the treaty. Normanby wrote at length about the need for British intervention as essential to protect Māori interests, but this was somewhat deceptive. Hobson's instructions gave no provision for Māori government of any kind nor any Māori involvement in the administrative structure of the prospective new colony. His instructions required him to: treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any part of those islands which they may be willing to place under Her Majesty's dominion. The historian
Claudia Orange argues that prior to 1839 the Colonial Office had initially planned a "Māori New Zealand" in which European settlers would be accommodated (without a full colony), where Māori might retain ownership and authority over much of the land and cede some land to European settlers as part of a colony governed by the Crown. Normanby's instructions in 1839 show that the Colonial Office had shifted their stance toward colonisation and "a settler New Zealand in which a place had to be kept for Māori", primarily due to pressure from increasing numbers of British colonists, and the prospect of a private enterprise in the form of the New Zealand Company colonising New Zealand outside of the British Crown's jurisdiction. The Colonial Office was forced to accelerate its plans because of both the New Zealand Company's hurried dispatch of the
Tory to New Zealand on 12 May 1839 to purchase land, and plans by French Captain
Jean François L'Anglois to establish a French colony in
Akaroa. After examining Colonial Office documents and correspondence (both private and public) of those who developed the policies that led to the development of the treaty, the historian
Paul Moon similarly argues that the treaty was not envisioned with deliberate intent to assert sovereignty over Māori, but that the Crown originally only intended to apply rule over British subjects living in the fledgling colony, and these rights were later expanded by subsequent governors through perceived necessity. Hobson left London on 15 August 1839 and was sworn in as
Lieutenant-Governor of New Zealand in Sydney on 14 January 1840, finally arriving in the Bay of Islands on 29 January 1840. Meanwhile, a second New Zealand Company ship, the
Cuba, had arrived in
Port Nicholson on 3 January 1840 with a survey party to prepare for settlement there. The
Aurora, the first ship carrying immigrants, arrived in Port Nicholson on 22 January 1840. On 30 January 1840 Hobson attended the Christ Church at Kororareka (Russell), where he publicly read a number of proclamations. The first was the
Letters Patent 1839, in relation to the extension of the boundaries of
New South Wales to include the islands of New Zealand. The second related to Hobson's own appointment as Lieutenant-Governor of New Zealand. The third concerned land transactions (notably the issue of pre-emption). CMS printer William Colenso produced a Māori circular for the United Tribes high chiefs, inviting them to meet " Hobson" on 5 February 1840 at Busby's Waitangi home. ==Drafting and translating the treaty==