188-623: The First Taranaki War (also known as the North Taranaki War ) was an armed conflict over land ownership and sovereignty that took place between Māori and the Colony of New Zealand in the Taranaki region of New Zealand's North Island from March 1860 to March 1861. The war was sparked by a dispute between the colonial government and the Te Āti Awa people, led by Wiremu Kīngi , over
376-439: A state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory , sovereignty is a substantive term designating supreme legitimate authority over some polity . In international law , sovereignty is the exercise of power by a state . De jure sovereignty refers to
564-596: 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 the threat of general French colonisation never materialised, in 1831 it prompted thirteen major chiefs from the far north of the country to meet at Kerikeri to compose
752-557: A senate from whom he can obtain advice, to delegate some power to magistrates for the practical administration of the law, and to use the Estates as a means of communicating with the people. Bodin believed that "the most divine, most excellent, and the state form most proper to royalty is governed partly aristocratically and partly democratically". During the Age of Enlightenment , the idea of sovereignty gained both legal and moral force as
940-745: A 59-year period during which it was recognised as sovereign by many (mostly Roman Catholic) states despite possessing no territory – a situation resolved when the Lateran Treaties granted the Holy See sovereignty over the Vatican City . Another case, sui generis is the Sovereign Military Order of Malta , the third sovereign entity inside Italian territory (after San Marino and the Vatican City State ) and
1128-618: A British redoubt on the site of the Kaipopo pā. With British forces in Taranaki boosted to about 2,000 by July, the British intensified efforts to crush resistance. Governor Browne was particularly worried that a general uprising would occur while the bulk of troops in the country were concentrated in Taranaki and he appealed to Britain and Australia for more reinforcements. Major Nelson, meanwhile, destroyed several Te Atiawa villages including Manukorihi, Tikorangi and Ratapihipihi, Pratt launched
1316-490: A Māori circular for the United Tribes high chiefs, inviting them to meet " Rangatira Hobson" on 5 February 1840 at Busby's Waitangi home. Without a draft document prepared by lawyers or Colonial Office officials, Hobson was forced to write his own treaty with the help of his secretary, James Freeman, and British Resident James Busby , neither of whom was a lawyer. Historian Paul Moon believes certain articles of
1504-435: A bigger state nor is their governance subjected to supervision. The sovereignty (i.e. legal right to govern) however, is disputed in both cases as the first entity is claimed by Serbia and the second by Somalia . Internal sovereignty is the relationship between sovereign power and the political community. A central concern is legitimacy : by what right does a government exercise authority? Claims of legitimacy might refer to
1692-691: A collection of independent tribes to an effective confederation known as the Māori King Movement , which was centred on the Waikato region, but which had influence over large areas of the North Island. One of the uniting principles of the King Movement was their opposition to the sale of Māori land and the concomitant spread of British sovereignty. The settlement of New Plymouth —at the time "a line of wooden houses straggling untidily along
1880-452: A confrontation with the imperial government to demonstrate the viability of resistance and draw stronger Kingite support. Early in June, Atiawa war chief Hapurona began building a stockaded pā, Onukukaitara, adjacent to an ancient, and apparently unpopulated and unfortified, pā known as Puketakauere. The two pā were sited on a pair of low hills 800m southeast of Te Kohia and 1.6 km south of
2068-502: A country and is not subordinate to any other government in that country or a foreign sovereign state. ( The Arantzazu Mendi , [1939] A.C. 256), Stroud's Judicial Dictionary External sovereignty is connected with questions of international law – such as when, if ever, is intervention by one country into another's territory permissible? Following the Thirty Years' War , a European religious conflict that embroiled much of
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#17327763731022256-538: A designated individual or group of individuals that are acting on behalf of the people of the state. Juridical sovereignty emphasizes the importance of other states recognizing the rights of a state to exercise their control freely with little interference. For example, Jackson, Rosberg and Jones explain how the sovereignty and survival of African states were more largely influenced by legal recognition rather than material aid. Douglass North identifies that institutions want structure and these two forms of sovereignty can be
2444-598: A development plan for the site that could include memorials, heritage and cultural tourism and educational developments. Mayor Andrew Judd said the site was regarded as an extension of the Puke Ariki museum. The pa's exact location on the Devon Road site will be determined by archaeological investigations once a house on the land has been relocated. Sovereignty Sovereignty can generally be defined as supreme authority . Sovereignty entails hierarchy within
2632-416: A false target for the British artillery with the fortification of Onukukaitara which, despite its flag and flax-covered stockade, was essentially an empty pā. Māori defences were instead concentrated on the old, apparently unfortified pā, where deep trenches concealed the well-armed warriors until the British were almost at point-blank range. When the British were split into two groups at the two hills, Hapurona
2820-425: A few hundred and about 1,500. Total losses among the imperial, volunteer and militia troops are estimated to have been 238, while Māori casualties totalled about 200, although the proportion of Māori casualties was higher. The war ended in a ceasefire, with neither side explicitly accepting the peace terms of the other. Although there were claims by the British that they had won the war, there were widely held views at
3008-619: A few other Europeans. French Catholic Bishop Jean-Baptiste Pompallier soon joined the gathering and after Anglican English priest and CMS mission head Rev Henry Williams read the Māori translation aloud from a final parchment version. Pompallier spoke to Hobson who then addressed Williams: The bishop wishes it to be publicly stated to the Natives that his religion will not be interfered with, and that free toleration will be allowed in matters of faith. I should therefore thank you to say to them that
3196-567: A force of 900 men, Pratt advanced from Waitara on 29 December towards the Matarikoriko pā, between Puketakauere and the Waitara River, before building a redoubt on the old Kairau pā under heavy day-long fire from bush-covered rifle pits 150m away. Both sides exchanged heavy fire the next day, with British troops expending 70,000 rounds of rifle ammunition and 120 rounds of shot and shell and suffering three deaths and 20 wounded. The pā
3384-440: 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
3572-607: A kind of confederacy with an elected monarch called the Kīngitanga . (The Kīngitanga Movement would later form a primary anti-government force in the New Zealand Wars .) While copies were moved around the country to give as many tribal leaders as possible the opportunity to sign, some missed out, especially in the South Island, where inclement weather prevented copies from reaching Otago or Stewart Island . Assent to
3760-910: A letter to King William IV asking for Britain to be a "friend and guardian" of New Zealand. It is the first known plea for British intervention written by Māori. In response, the British government sent James Busby in 1832 to serve as the British Resident in New Zealand. In 1834 Busby drafted a document known as the He Whakaputanga (in the Māori language) and the Declaration of the Independence of New Zealand (in English) which he and 35 northern Māori chiefs signed in 1835, establishing those chiefs as representatives under
3948-467: A local militia—set off in two columns to ostensibly rescue those who had remained behind. It would be the first occasion on which a British Volunteer corps engaged an enemy on the battlefield. Captain Charles Brown , in command of the settlers, was ordered to march down the coast until he reached the rear of the Māori positions at Waireka. The Regulars, under Lieut-Colonel G.F. Murray, marched down
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#17327763731024136-519: A major attack with 1,400 men near Waitara on 9 September, burning and looting four entrenched villages, and in October, he marched with a force of more than 1,000 to the Kaihihi River at Ōkato to conduct an operation with sapping and heavy artillery to destroy several more pā. On 6 November, a party of between 50 and 150 Ngati Haua Kingites were routed in a surprise attack by 1,000 troops at
4324-598: A major role in the treatment of the Māori people in New Zealand by successive governments and the wider population, something that has been especially prominent from the late 20th century. The treaty document is an agreement, not a treaty as recognised in international law. It was first signed on 6 February 1840 by Captain William Hobson as consul for the British Crown and by Māori chiefs ( rangatira ) from
4512-476: A matter of fact, theorists found that during the post Cold War era many people focused on how stronger internal structures promote inter-state peace. For instance, Zaum argues that many weak and impoverished countries that were affected by the Cold War were given assistance to develop their lacking sovereignty through this sub-concept of "empirical statehood". The Roman jurist Ulpian observed that: Ulpian
4700-535: A method for developing structure. For a while, the United Nations highly valued juridical sovereignty and attempted to reinforce its principle often. More recently, the United Nations is shifting away and focusing on establishing empirical sovereignty. Michael Barnett notes that this is largely due to the effects of the post Cold War era because the United Nations believed that to have peaceful relations states should establish peace within their territory. As
4888-598: A month-long conference of chiefs at Kohimarama, Auckland, ostensibly to discuss the Treaty of Waitangi , but with an aim to halt the conflict at Waitara. Browne opened the conference by explaining that the treaty guaranteed racial equality, but he also warned that violating allegiance to the Crown would negate the rights of British citizenship under the treaty. Among the resolutions adopted was one in which chiefs "are pledged to do nothing inconsistent with their declared recognition of
5076-425: A myth and that there is a lack of evidence or legal basis to support the statement being a fourth article of the treaty. Historian Michael King agreed with Moon that Pompallier was probably protecting Catholic interests, but also accused Moon of being anti-Catholic in his criticism of Pompallier stirring up trouble that day. The treaty signing began in the afternoon. Hobson headed the British signatories. Hōne Heke
5264-413: A national holiday to commemorate the signing of the treaty. Treaty making by European powers with indigenous peoples had always been common but not universal practice 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, regulate land speculation and control general disorder. They were faced with
5452-706: A rapid and decisive victory that would destroy the main enemy warrior force, checking and crippling Māori independence and asserting British sovereignty. That mission failed and the Te Kohia clash ended as little more than a minor skirmish with a result that disappointed English settlers. Yet for Māori, too, the engagement had strong symbolic importance. Outnumbered and outgunned, Kingi needed to draw allies from several places, but by Māori tikanga , or protocol, support would not be offered to an aggressor. Te Kohia pa, hastily built and just as quickly abandoned, appeared to have been built for one purpose: to provide plain evidence of
5640-543: A revenge massacre at Waitara by Kingi—prompted the formation of the Taranaki Militia in 1858 and Taranaki Volunteer Rifle Company in 1859. Teira was paid a £100 deposit for the land in December 1859. When Māori obstructed surveyors as they began work on the block, Browne responded by declaring martial law throughout Taranaki on 22 February 1860. Two days later a deed for the sale of the disputed Pekapeka block
5828-611: A safe in the Colonial Secretary 's office. In 1877, the English-language rough draft of the treaty was published along with photolithographic facsimiles , and the originals were returned to storage. In 1908, historian and bibliographer Thomas Hocken , searching for historical documents, found the treaty papers in the basement of the Old Government Buildings in poor condition, damaged at
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6016-412: A settlement of that point, whether Her Fair Majesty or His Dark Majesty shall reign in New Zealand." The British were convinced that their system represented the best that civilization had to offer and saw it as both their duty and their right to impose it on other peoples. However, in the 20 years since the signing of the Treaty, the Māori had made significant political advances. They had moved from being
6204-434: A single individual was that sovereignty would therefore be indivisible; it would be expressed in a single voice that could claim final authority. An example of an internal sovereign is Louis XIV of France during the seventeenth century; Louis XIV claimed that he was the state. Jean-Jacques Rousseau rejected monarchical rule in favor of the other type of authority within a sovereign state, public sovereignty. Public Sovereignty
6392-561: A small breach in the fort. His men then approached the pā across open ground, but came under heavy fire from Māori concealed just metres away in deep trenches in a small natural gully. The attack was described by some survivors as "hotter than anything in the great Indian battles or in the attack on the Redan in the Crimea". As they came under fire, Messenger's division found itself the target of other Māori who ambushed them from outlying trenches on
6580-407: A state to deter opposition groups in exchange for bargaining. While the operations and affairs within a state are relative to the level of sovereignty within that state, there is still an argument over who should hold the authority in a sovereign state. This argument between who should hold the authority within a sovereign state is called the traditional doctrine of public sovereignty. This discussion
6768-644: A strong authority allows you to keep the agreement and enforce sanctions for the violation of laws. The ability for leadership to prevent these violations is a key variable in determining internal sovereignty. The lack of internal sovereignty can cause war in one of two ways: first, undermining the value of agreement by allowing costly violations; and second, requiring such large subsidies for implementation that they render war cheaper than peace. Leadership needs to be able to promise members, especially those like armies, police forces, or paramilitaries will abide by agreements. The presence of strong internal sovereignty allows
6956-462: A strong central authority in the form of absolute monarchy . In his 1576 treatise Les Six Livres de la République ("Six Books of the Republic") Bodin argued that it is inherent in the nature of the state that sovereignty must be: The treatise is frequently viewed as the first European text theorizing state sovereignty. Bodin rejected the notion of transference of sovereignty from people to
7144-476: A supranational organization, such as a continental union . In the case of the European Union member-states, this is called "pooled sovereignty" . Treaty of Waitangi The Treaty of Waitangi ( Māori : Te Tiriti o Waitangi ), sometimes referred to as Te Tiriti , is a document of central importance to the history of New Zealand , its constitution , and its national mythos . It has played
7332-421: A total value of roughly $ 1 billion have been awarded to various Māori groups. Various legislation passed in the latter part of the 20th century has made reference to the treaty, which has led to ad hoc incorporation of the treaty into law. Increasingly, the treaty is recognised as a founding document in New Zealand's developing unwritten constitution. The New Zealand Day Act 1973 established Waitangi Day as
7520-471: A township and port to serve the north of the Taranaki district and its sale was viewed as a likely precedent for other sales that would open up for settlement all land between New Plymouth and the Waitara River. Pokikake Te Teira Manuka , a minor chief of the Te Atiawa iwi , first offered the land to the New Zealand government in 1857, immediately attracting the vehement opposition of the paramount chief of
7708-589: A treaty in English could not be understood, debated or agreed to by Māori, Hobson asked CMS head missioner Henry Williams, and his son Edward Marsh Williams , who was a scholar in Māori language and custom, to translate the document overnight on 4 February. Henry Williams was concerned with the actions of the New Zealand Company in Wellington and felt he had to agree with Hobson's request to ensure
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7896-636: A truce. A ceasefire was formally effected on 18 March 1861, ending the first phase of the Taranaki War. For his actions on 18 March, Colour-Sergeant John Lucas was awarded the Victoria Cross . By early 1861, settler opinion was evenly divided on Browne's stance against Māori and the fairness of the Waitara purchase and many believed the British had little hope of wearing the enemy down with further military campaigns. Even Pratt expressed doubts
8084-549: 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
8272-417: Is between an internal sovereign or an authority of public sovereignty. An internal sovereign is a political body that possesses ultimate, final and independent authority; one whose decisions are binding upon all citizens, groups and institutions in society. Early thinkers believed sovereignty should be vested in the hands of a single person, a monarch. They believed the overriding merit of vesting sovereignty in
8460-461: Is common to all nations (jus gentium), as well as the fundamental laws of the state that determine who is the sovereign, who succeeds to sovereignty, and what limits the sovereign power. Thus, Bodin's sovereign was restricted by the constitutional law of the state and by the higher law that was considered as binding upon every human being. The fact that the sovereign must obey divine and natural law imposes ethical constraints on him. Bodin also held that
8648-484: Is its degree of absoluteness . A sovereign power has absolute sovereignty when it is not restricted by a constitution, by the laws of its predecessors, or by custom , and no areas of law or policy are reserved as being outside its control. International law ; policies and actions of neighboring states; cooperation and respect of the populace; means of enforcement; and resources to enact policy are factors that might limit sovereignty. For example, parents are not guaranteed
8836-412: Is not a law" (Book II, Chapter VI) – and predicated on the assumption that the people have an unbiased means by which to ascertain the general will. Thus the legal maxim, "there is no law without a sovereign." According to Hendrik Spruyt , the sovereign state emerged as a response to changes in international trade (forming coalitions that wanted sovereign states) so that the sovereign state's emergence
9024-528: Is not always enlightened, and consequently does not always see wherein the common good lies; hence the necessity of the legislator. But the legislator has, of himself, no authority; he is only a guide who drafts and proposes laws, but the people alone (that is, the sovereign or general will) has authority to make and impose them. Rousseau, in the Social Contract argued, "the growth of the State giving
9212-729: Is now seen to have been an illegal entity by the modern Polish administration. The post-1989 Polish state claims direct continuity from the Second Polish Republic which ended in 1939. For other reasons, however, Poland maintains its communist-era outline as opposed to its pre-World War II shape which included areas now in Belarus , Czech Republic , Lithuania , Slovakia and Ukraine but did not include some of its western regions that were then in Germany . Additionally sovereignty can be achieved without independence, such as how
9400-403: Is one with a government that has been elected by the people and has the popular legitimacy. Internal sovereignty examines the internal affairs of a state and how it operates. It is important to have strong internal sovereignty to keeping order and peace. When you have weak internal sovereignty, organisations such as rebel groups will undermine the authority and disrupt the peace. The presence of
9588-612: Is opposed by some historians, who refer only to the Taranaki Wars , rejecting suggestions that post-1861 conflict was a second war . The 1927 Royal Commission on Confiscated Land also referred to the hostilities between 1864 and 1866 as a continuation of the initial Taranaki war. The catalyst for the war was the disputed sale of 600 acres (2.4 km) of land known as the Pekapeka block, or Teira's block, at Waitara. The block's location perfectly suited European settlers' wish for
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#17327763731029776-519: Is practiced predominantly by the military or police force it is considered coercive sovereignty . State sovereignty is sometimes viewed synonymously with independence , however, sovereignty can be transferred as a legal right whereas independence cannot. A state can achieve de facto independence long after acquiring sovereignty, such as in the case of Cambodia, Laos and Vietnam. Additionally, independence can also be suspended when an entire region becomes subject to an occupation. For example, when Iraq
9964-543: Is sovereign is not an exact science, but often a matter of diplomatic dispute. There is usually an expectation that both de jure and de facto sovereignty rest in the same organisation at the place and time of concern. Foreign governments use varied criteria and political considerations when deciding whether or not to recognise the sovereignty of a state over a territory. Membership in the United Nations requires that "[t]he admission of any such state to membership in
10152-432: Is that it is a claim that must be recognized if it is to have any meaning: Sovereignty is a hypothetical trade, in which two potentially (or really) conflicting sides, respecting de facto realities of power, exchange such recognitions as their least costly strategy. There are two additional components of sovereignty that should be discussed, empirical sovereignty and juridical sovereignty. Empirical sovereignty deals with
10340-401: Is the belief that ultimate authority is vested in the people themselves, expressed in the idea of the general will. This means that the power is elected and supported by its members, the authority has a central goal of the good of the people in mind. The idea of public sovereignty has often been the basis for modern democratic theory. Within the modern governmental system, internal sovereignty
10528-608: Is the second form of post-world war change in the norms of sovereignty, representing a significant shift since member nations are no longer absolutely sovereign. Some theorists, such as Jacques Maritain and Bertrand de Jouvenel have attacked the legitimacy of the earlier concepts of sovereignty, with Maritain advocating that the concept be discarded entirely since it: Efforts to curtail absolute sovereignty have met with substantial resistance by sovereigntist movements in multiple countries who seek to " take back control " from such transnational governance groups and agreements, restoring
10716-468: Is usually found in states that have public sovereignty and is rarely found within a state controlled by an internal sovereign. A form of government that is a little different from both is the UK parliament system. John Austin argued that sovereignty in the UK was vested neither in the Crown nor in the people but in the " Queen-in-Parliament ". This is the origin of the doctrine of parliamentary sovereignty and
10904-447: Is usually seen as the fundamental principle of the British constitution. With these principles of parliamentary sovereignty, majority control can gain access to unlimited constitutional authority, creating what has been called "elective dictatorship" or "modern autocracy". Public sovereignty in modern governments is a lot more common with examples like the US, Canada, Australia and India where
11092-484: The 40th Regiment . At 3.30 am on 23 January 1861, No.3 Redoubt was stormed by a force of 140 warriors of Ngati Haua, Ngati Maniapoto, Waikato and Te Atiawa, led by Rewi Maniopoto, Epiha Tokohihi and Hapurona. Fierce fighting at close quarters, involving rifles, bayonets, shotgun, hand grenades and tomahawks, took place over the newly built parapet and in the boundary trench and lasted until daylight when British reinforcements arrived from Redoubt No.1. British losses in
11280-538: The Battle of Mahoetahi . There were some humiliating setbacks for the British, however, with 1,500 troops retreating from a small Māori force at Huirangi on 11 September and a force of 500 suffering casualties in an ambush while destroying a pā on 29 September. Kingite warriors continued to travel between Taranaki and Waikato, providing a peak force of about 800 in January 1861, with weapons and ammunition being bought on
11468-817: The Declaration of State Sovereignty of the Russian Soviet Federative Socialist Republic made the Russian Soviet Federative Socialist Republic a sovereign entity within but not independent from the USSR. At the opposite end of the scale, there is no dispute regarding the self-governance of certain self-proclaimed states such as the Republic of Kosovo or Somaliland (see List of states with limited recognition , but most of them are puppet states ) since their governments neither answer to
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#173277637310211656-668: The Holocaust , the vast majority of states rejected the prior Westphalian permissiveness towards such supremacist power based sovereignty formulations and signed the Universal Declaration of Human Rights in 1948. It was the first step towards circumscription of the powers of sovereign nations, soon followed by the Genocide Convention which legally required nations to punish genocide. Based on these and similar human rights agreements, beginning in 1990 there
11844-931: 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
12032-799: The National Archives by Mike Moore , Prime Minister of New Zealand , in November 1990. It was announced in 2012 that the nine Treaty of Waitangi sheets would be relocated to the National Library of New Zealand in 2013. In 2017, the He Tohu permanent exhibition at the National Library opened, displaying the treaty documents along with the Declaration of Independence and the 1893 Women's Suffrage Petition . The treaty, its interpretation and significance can be viewed as
12220-520: The North Island of New Zealand. The treaty's quasi-legal status satisfies the demands of biculturalism in contemporary New Zealand society. In general terms, it is interpreted today as having established a partnership between equals in a way the Crown likely did not intend it to in 1840. Specifically, the treaty is seen, first, as entitling Māori to enjoyment of land and of natural resources and, if that right were ever breached, to restitution. Second,
12408-757: The Public Trustee at Palmerston North by the local member of parliament, who did not tell staff what was in the case. However, as the case was too large to fit in the safe, the treaty documents spent the war at the side of a back corridor in the Public Trust office. In 1956, the Department of Internal Affairs placed the treaty documents in the care of the Alexander Turnbull Library and they were displayed in 1961. Further preservation steps were taken in 1966, with improvements to
12596-413: The Second World War were regarded as sovereign despite their territories being under foreign occupation; their governance resumed as soon as the occupation had ended. The government of Kuwait was in a similar situation vis-à-vis the Iraqi occupation of its country during 1990–1991. The government of Republic of China (ROC) was generally recognized as sovereign over China from 1911 to 1971 despite
12784-424: The Soviet Union and governed locally by their pro-Soviet functionaries. When in 1991 Latvia, Lithuania and Estonia re-enacted independence, it was done so on the basis of continuity directly from the pre-Soviet republics. Another complicated sovereignty scenario can arise when regime itself is the subject of dispute. In the case of Poland , the People's Republic of Poland which governed Poland from 1945 to 1989
12972-406: The Waitangi Tribunal observed that the war was begun by the Government, which had been the aggressor and unlawful in its actions in launching an attack by its armed forces. An opinion sought by the tribunal from a senior constitutional lawyer stated that the Governor, Thomas Gore Browne , and certain officers were liable for criminal and civil charges for their actions. The term "First Taranaki War"
13160-477: The divine right of kings , or to a social contract (i.e. popular sovereignty ). Max Weber offered a first categorization of political authority and legitimacy with the categories of traditional, charismatic and legal-rational. With "sovereignty" meaning holding supreme, independent authority over a region or state, "internal sovereignty" refers to the internal affairs of the state and the location of supreme power within it. A state that has internal sovereignty
13348-401: The general will , is inalienable, for the will cannot be transmitted; it is indivisible since it is essentially general; it is infallible and always right, determined and limited in its power by the common interest; it acts through laws. Law is the decision of the general will regarding some object of common interest, but though the general will is always right and desires only good, its judgment
13536-462: The lois royales , the fundamental laws of the French monarchy which regulated matters such as succession, are natural laws and are binding on the French sovereign. Despite his commitment to absolutism, Bodin held some moderate opinions on how government should in practice be carried out. He held that although the sovereign is not obliged to, it is advisable for him, as a practical expedient, to convene
13724-409: The " Peace of Westphalia ", but for different reasons. He created the first modern version of the social contract (or contractarian) theory, arguing that to overcome the "nasty, brutish and short" quality of life without the cooperation of other human beings, people must join in a "commonwealth" and submit to a "Soveraigne [ sic ] Power" that can compel them to act in the common good. Hobbes
13912-926: The 1949 victory of the Communists in the Chinese civil war and the retreat of the ROC to Taiwan . The ROC represented China at the United Nations until 1971, when the People's Republic of China obtained the UN seat. The ROC political status as a state became increasingly disputed; it became commonly known as Taiwan . The International Committee of the Red Cross is commonly mistaken to be sovereign. It has been granted various degrees of special privileges and legal immunities in many countries, including Belgium, France, Switzerland, Australia, Russia, South Korea, South Africa and
14100-417: The 4–5 February the original English version of the treaty was translated into Māori. On the morning of 5 February the Māori and English versions of the treaty were put before a gathering ( hui ) of northern chiefs inside a large marquee on the lawn in front of Busby's house at Waitangi. Hobson read the treaty aloud in English and Williams read the Māori translation and explained each section and warned
14288-515: 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
14476-400: The British commander at Waitara, Major Thomas Nelson, marched out with 350 experienced troops and two 24-pound howitzers to storm the pā, which was defended by about 200 Atiawa. The troops intended to encircle the two hills, cutting off a path of retreat for the Māori, before destroying Onukukaitara, above the flax-covered stockade of which flew a flag. The troops split into three divisions for
14664-415: The British that the French would put pressure on them in a similar manner to that of other Pacific Islanders farther north in what would become French Polynesia . Most importantly, Māori leaders trusted CMS missionary advice and their explanation of the treaty. The missionaries had explained the treaty as a covenant between Māori and Queen Victoria, the head of state and Church of England . With nearly half
14852-566: 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
15040-463: The English had gained only nominal sovereignty, or "governorship" of the country as a whole while Māori retained "chieftainship" over their lands, villages and treasures. By 1860, it was tacitly recognised that British law prevailed in the settlements and Māori custom elsewhere, though the British, who by then outnumbered Māori, were finding this fact increasingly irksome. One commentator observed, with reference to Waitara: "We seem to be fast approaching
15228-664: The European union have eroded the sovereignty of traditional states. The centuries long movement which developed a global system of sovereign states came to an end when the excesses of World War II made it clear to nations that some curtailment of the rights of sovereign states was necessary if future cruelties and injustices were to be prevented. In the years immediately prior to the war, National Socialist theorist Carl Schmitt argued that sovereignty had supremacy over constitutional and international constraints arguing that states as sovereigns could not be judged and punished. After
15416-476: The Governor's "wrong". The aggressor having been identified, others were then free to launch reprisals under utu laws. Within days, Māori war parties began plundering the farms south of New Plymouth, killing six settlers who had not taken refuge in the town. Fearing an attack on New Plymouth was imminent, the British withdrew from Waitara and concentrated around the town. The military action at Waitara brought
15604-681: The Holy Roman Empire) by the Holy Roman Emperor, granting them seats in the Reichstag , at the time the closest permanent equivalent to an UN-type general assembly; confirmed 1620. These sovereign rights were never deposed, only the territories were lost. Over 100 modern states maintain full diplomatic relations with the order, and the UN awarded it observer status. The governments-in-exile of many European states (for instance, Norway, Netherlands or Czechoslovakia ) during
15792-583: The Medieval period as the de jure rights of nobility and royalty. Sovereignty reemerged as a concept in the late 16th century, a time when civil wars had created a craving for a stronger central authority when monarchs had begun to gather power onto their own hands at the expense of the nobility, and the modern nation state was emerging. Jean Bodin , partly in reaction to the chaos of the French wars of religion , presented theories of sovereignty calling for
15980-493: The Māori population following Christianity many looked at the treaty as a Biblical covenant – a sacred bond. Afterwards, the chiefs then moved to a river flat below Busby's house and lawn and continued deliberations late into the night. Busby's house would later become known as the Treaty House and is today New Zealand's most visited historic building. Hobson had planned for the signing to occur on 7 February however on
16168-458: The Natives now fighting at Taranaki", was also passed. From August to October 1860, there were numerous skirmishes close to New Plymouth, including one on 20 August involving an estimated 200 Māori, just 800 metres from the barracks on Marsland Hill. Many settlers' farms were burned and the village of Henui, 1.6 km from town, was also destroyed. Several farmers and settlers, including children, were killed by hostile Māori as they ventured beyond
16356-704: 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
16544-490: The Queen's sovereignty, and the union of the two races," and that they would halt all actions that would tend to breach that covenant. Author Ranginui Walker noted: "The Maori were too trusting. There was no reciprocal promise extracted from the Governor to abide by the Treaty." Another resolution proposed by Maori "kingmaker" Wiremu Tamihana , which "deprecates in the strongest manner the murders of unarmed Europeans committed by
16732-520: The Rev. Thomas Gilbert and several others who were either French or Portuguese. All felt safe: both ministers were treated by Māori as tapu or untouchable, while the others were confident the Māori grievance was with only the British. About 1 pm on 28 March, a British force of about 335 men—28 Navy, 88 from the British 65th Regiment , 103 members of the newly formed Taranaki Rifle Volunteers and 56 from
16920-540: The Roman Catholic Church with little ability to interfere with the internal affairs of many European states. It is a myth, however, that the Treaties of Westphalia created a new European order of equal sovereign states. In international law , sovereignty means that a government possesses full control over affairs within a territorial or geographical area or limit. Determining whether a specific entity
17108-592: The Taranaki wars had begun. Gold's troops, by then numbering almost 500, poured in heavy fire all day from as near as 50 metres, firing 200 rounds from two 24-pound howitzers as well as small arms fire. Despite the firepower, the Māori suffered no casualties and abandoned the pā that night. Though it was small—about 650 square yards—the pā had been situated so that it was difficult to surround completely and had also been built with covered trenches and 10 anti-artillery bunkers, roofed with timber and earth, that protected its garrison. The British objective at Waitara had been
17296-507: The US, and soon in Ireland. The Committee is a private organisation governed by Swiss law. Just as the office of head of state can be vested jointly in several persons within a state, the sovereign jurisdiction over a single political territory can be shared jointly by two or more consenting powers, notably in the form of a condominium . Likewise the member states of international organizations may voluntarily bind themselves by treaty to
17484-689: The United Nations will be affected by a decision of the General Assembly upon the recommendation of the Security Council." Sovereignty may be recognized even when the sovereign body possesses no territory or its territory is under partial or total occupation by another power. The Holy See was in this position between the annexation in 1870 of the Papal States by Italy and the signing of the Lateran Treaties in 1929,
17672-473: The bishop will be protected and supported in his religion – that I shall protect all creeds alike. Williams attempted to do so vocally, but as this was technically another clause in the treaty, Colenso asked for it to be added in writing, which Williams did, also adding Māori custom. The statement says: E mea ana te Kawana, ko nga whakapono katoa, o Ingarani, o nga Weteriana, o Roma, me te ritenga Maori hoki, e tiakina ngatahitia e ia. (The Governor says that
17860-692: The black market in Auckland, Waiuku and Kawhia , while in Taranaki posts at Omata, the Bell Block , Waireka and Tataraimaka were garrisoned – with each of those often surrounded by a cordon of pā. In December 1860, Major-General Pratt began operations against a major Māori defensive line called Te Arei ("The barrier") on the west side of the Waitara River, barring the way to the historic hill pā of Pukerangiora. The principal defences were Kairau and Huirangi, skilfully engineered lines of rifle-pits, trenches and covered walkways. Backed with heavy artillery and
18048-651: The campaign, with most losses coming from Waikato Tainui (predominantly Ngāti Maniapoto , Ngāti Hauā and Ngāti Mahuta ). Ngāti Ruanui chief Te Rei Hanataua of the Tangahoe hapū, who was killed during the Battle of Waireka. In June 2016 the New Plymouth District Council announced it had paid $ 715,000 to a private seller for Te Kohia Pa near Waitara. The council said it would work with Te Atiawa governance entity Te Kotahitanga o Te Atiawa on
18236-423: The chiefs not to rush to decide whether to sign. Building on Biblical understanding, he said: This is Queen Victoria's act of love to you. She wants to ensure you that you keep what is yours – your property, your rights and privileges, and those things you value. Who knows when a foreign power, perhaps the French, might try to take this country? The treaty is really like a fortress to you. Māori chiefs then debated
18424-431: The chiefs. This no doubt was a reference to the northern confederation of chiefs with whom Hobson preferred to negotiate, who eventually made up the vast majority of signatories to the treaty. Hobson believed that elsewhere in the country the Crown could exercise greater freedom over the rights of "first discoverers", which proved unwise as it led to future difficulties with other tribes in the South Island. Overnight on
18612-461: The concepts communicated in the translation were from the Māori Bible, including kawanatanga (governorship) and rangatiratanga (chiefly rule), and the idea of the treaty as a "covenant" was biblical. The translation of the treaty was reviewed by James Busby, and he proposed the substitution of the word whakaminenga for huihuinga , to describe the "Confederation" or gathering of
18800-706: 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
18988-553: The continent, the Peace of Westphalia in 1648 established the notion of territorial sovereignty as a norm of noninterference in the affairs of other states, so-called Westphalian sovereignty , even though the treaty itself reaffirmed the multiple levels of the sovereignty of the Holy Roman Empire. This resulted as a natural extension of the older principle of cuius regio, eius religio (Whose realm, his religion), leaving
19176-425: The copies, and a further 500 signatures were added to the treaty. While most did eventually sign, especially in the far north where most Māori lived, a number of chiefs and some tribal groups ultimately refused, including Pōtatau Te Wherowhero (Waikato iwi) , Tuhoe , Te Arawa and Ngāti Tuwharetoa and possibly Moka 'Kainga-mataa' . A number of non-signatory Waikato and Central North Island chiefs would later form
19364-464: The country, rather than on the single English copy. Basing their decision on this information, on 2 October 1840, the Colonial Office approved Hobson's proclamation. They did not have second thoughts when later reports revealed more detail about the inadequacies of the treaty negotiations, and they did not take issue with the fact that large areas of the North Island had not signed. The government had never asked for Hobson to obtain unanimous agreement from
19552-478: The cover of bush and flax in the river gully—and the militia and Volunteers, who had retreated to the safety of the farmhouse of settler John Jury. Most of the battle took place on the flat farm land below the pa. About 5.30 pm, Murray sounded the bugle for a retreat, withdrawing his Regulars for the march back to New Plymouth so they could arrive before dark. His withdrawal left the settler force, which had already suffered two killed and eight wounded, isolated at
19740-443: The defeat. He was accused of cowardice and stupidity and an attempt was made to persuade the senior militia officer to arrest him. He was subsequently replaced by Major-General Thomas Pratt . The real reason for the Māori victory, however, was a combination of tactics and engineering techniques. Hapurona had enticed the British to fight at a place of his own choosing and then used the twin ploys of deception and concealment. He created
19928-474: The display conditions. From 1977 to 1980, the library extensively restored the documents before the treaty was deposited in the Reserve Bank. In anticipation of a decision to exhibit the document in 1990 (the sesquicentennial of the signing), full documentation and reproduction photography was carried out. Several years of planning culminated with the opening of the climate-controlled Constitution Room at
20116-476: The early 1990s. During the second half of the 19th century Māori generally lost control of much of the land they had owned, sometimes through legitimate sale, but often by way of unfair deals, settlers occupying land that had not been sold, or through outright confiscations in the aftermath of the New Zealand Wars. In the period following the New Zealand Wars, the New Zealand government mostly ignored
20304-651: The edges by water and partly eaten by rodents. The papers were restored by the Dominion Museum in 1913 and kept in special boxes from then on. In February 1940, the treaty documents were taken to Waitangi for display in the Treaty House during the Centenary celebrations. It was possibly the first time the treaty document had been on public display since it was signed. After the outbreak of war with Japan, they were placed with other state documents in an outsize luggage trunk and deposited for secure custody with
20492-465: The expressed and institutionally recognised right to exercise control over a territory. De facto sovereignty means sovereignty exists in practice , irrespective of anything legally accepted as such, usually in writing. Cooperation and respect of the populace; control of resources in, or moved into, an area; means of enforcement and security; and ability to carry out various functions of state all represent measures of de facto sovereignty. When control
20680-575: The farmhouse with little ammunition and late in the night, carrying their casualties, they scrambled across paddocks to the Omata stockade, arriving about 12.30 am, before returning to New Plymouth. Late in the afternoon, meanwhile, Captain Peter Cracroft, commander of HMS Niger , had landed 60 bluejackets at New Plymouth and marched via Omata to Waireka, encountering Murray as he prepared to retreat. Cracroft's troops fired 24-pound rockets into
20868-492: The fern-covered slopes. Messenger's division became disordered and was split into groups. Many troops were tomahawked in the swamp or drowned as they fled to the flooded Waitara River. Most of the wounded were abandoned and many of those were hacked to death. A group of survivors with Messenger managed to join Nelson, who sounded the retreat, while others remained hiding in the swamp and fern and returned to camp later. Puketakauere
21056-541: The fight were five killed and 11 wounded. Māori losses were estimated at 50. From 22 January, the day before the attack on No.3 Redoubt, Pratt began employing the Royal Engineers to systematically apply the technique of sapping to advance towards Te Arei. Excavating through night and day under frequent fire, Pratt's sap extended 768 yards and crossed the rifle pits of the Huirangi pā, prompting Māori to abandon
21244-407: The forty-six "head chiefs" had signed. Hobson had no intention of requiring the unanimous assent of Māori to the treaty, but was willing to accept a majority, as he reported that the signings at Waitangi represented "Clear recognition of the sovereign rights of Her Majesty over the northern parts of this island". Those that signed at Waitangi did not even represent the north as a whole; an analysis of
21432-497: The fraudulent sale of the Pekapeka land block at Waitara . The deal was orchestrated by minor Te Āti Awa rangatira Te Teira Manuka over lands he had no authority to sell under Māori law . Initially a conflict over individual title and collective land ownership , all-out war broke out and soon spread throughout the region. It was fought by more than 3,500 imperial troops brought in from Australia , as well as volunteer soldiers and militia, against Māori forces that fluctuated between
21620-433: The garrison known as Camp Waitara (site of the modern town of Waitara), which had been established to protect the surveying of Waitara. The pā posed a military threat to the Waitara garrison and was seen as extreme provocation. On 23 June, a British reconnaissance party approached the pā, in what may have been an attempt to bait the Māori, and was fired on. Colonel Gold immediately authorised an attack. Before dawn on 27 June,
21808-470: The government is divided into different levels. External sovereignty concerns the relationship between sovereign power and other states. For example, the United Kingdom uses the following criterion when deciding under what conditions other states recognise a political entity as having sovereignty over some territory; "Sovereignty." A government which exercises de facto administrative control over
21996-510: The indigenous people. In 1841, treaty documents, housed in an iron box, narrowly escaped damage when saved by civil servant George Elliot as the government offices at Official Bay in Auckland were destroyed by fire. They disappeared from sight until 1865 when a Native Department officer worked on them in Wellington at the request of parliament and produced an erroneous list of signatories. The papers were fastened together and then deposited in
22184-400: 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
22372-479: The legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization. The term arises from the unattested Vulgar Latin * superanus (itself a derived form of Latin super – "over") meaning "chief", "ruler". Its spelling, which has varied since
22560-400: The legitimacy of who is in control of a state and the legitimacy of how they exercise their power. Tilly references an example where nobles in parts of Europe were allowed to engage in private rights and Ustages , a constitution by Catalonia recognized that right which demonstrates empirical sovereignty. As David Samuel points out, this is an important aspect of a state because there has to be
22748-611: The main Western description of the meaning and power of a State. In particular, the " Social contract " as a mechanism for establishing sovereignty was suggested and, by 1800, widely accepted, especially in the new United States and France , though also in Great Britain to a lesser extent. Thomas Hobbes , in Leviathan (1651) put forward a conception of sovereignty similar to Bodin's, which had just achieved legal status in
22936-595: The main road to Omata, intending to dislodge a war party reported to be at Whalers Gate, north of Omata. Once the road was clear, it was intended they would be joined by the Volunteers and militia, who would rescue the settlers, before marching back to New Plymouth. Because of the heightened state of fear in New Plymouth, however, Murray had been ordered to return his troops to the town before nightfall. The Volunteers were armed with muzzle-loading Enfield rifles and
23124-418: The many Catholic Māori in the north concerning the treaty, urged them to be very wary of the treaty and not to sign anything. For Māori chiefs, the signing at Waitangi would have needed a great deal of trust. Nonetheless, the expected benefits of British protection must have outweighed their fears. In particular, the French were also interested in New Zealand, and there were fears that if they did not side with
23312-491: The march. Nelson led the main body of almost 180 men and the two howitzers on an approach from the north, intending to bombard the stockade from the south-west. A second division of 125 men, led by Captain William Messenger, was given the more difficult task of approaching the area in darkness through a swampy gully and high fern and scrub to the east, taking possession of the apparently deserted Puketakauere, blocking
23500-472: The militia had old smooth-bore muskets from the 1840s, with each man issued with just 30 rounds of ammunition. Murray met no resistance at Whalers Gate, but as he approached Waireka he heard the sound of rapid firing towards the coast. He entrenched his men and opened fire on the Kaipopo pā with a rocket tube. The gunfire Murray heard was being exchanged between about 200 Māori warriors—who, armed mostly with double-barrel shotguns and some rifles, were firing from
23688-552: The missionaries. Tāmati Wāka Nene said to the chiefs: Some of you tell Hobson to go. But that's not going to solve our difficulties. We have already sold so much land here in the north. We have no way of controlling the Europeans who have settled on it. I'm amazed to hear you telling him to go! Why didn't you tell the traders and grog-sellers to go years ago? There are too many Europeans here now and there are children that unite our races. Bishop Pompallier, who had been counselling
23876-535: The morning of 6 February 45 chiefs were waiting ready to sign. Around noon a ship carrying two officers from HMS Herald arrived and were surprised to hear they were waiting for the Governor so a boat was quickly despatched back to let him know. Although the official painting of the signing shows Hobson wearing full naval regalia, he was in fact not expecting the chiefs that day and was wearing his dressing gown or "in plain clothes, except his hat". Several hundred Māori were waiting and only Busby, Williams, Colenso and
24064-644: The origin of power), provides that the people are the legitimate sovereign. Rousseau considered sovereignty to be inalienable; he condemned the distinction between the origin and the exercise of sovereignty, a distinction upon which constitutional monarchy or representative democracy is founded. John Locke , and Montesquieu are also key figures in the unfolding of the concept of sovereignty; their views differ with Rousseau and with Hobbes on this issue of alienability. The second book of Jean-Jacques Rousseau's Du Contrat Social, ou Principes du droit politique (1762) deals with sovereignty and its rights. Sovereignty, or
24252-495: The path of any possible reinforcements and supporting Nelson's efforts against the main target. His approach was made more challenging by the heavy mid-winter rain that had deepened the swamp. The remaining division, about 60 men under Captain Bowdler, was to take up a position on a mound between the pā and Camp Waitara, blocking an escape to the north. About 7 am, Nelson's howitzers began pounding their target, but created only
24440-510: The people in return for his maintaining their physical safety—led him to conclude that if and when the ruler fails, the people recover their ability to protect themselves by forming a new contract. Hobbes's theories decisively shape the concept of sovereignty through the medium of social contract theories. Jean-Jacques Rousseau 's (1712–1778) definition of popular sovereignty (with early antecedents in Francisco Suárez 's theory of
24628-432: The policies that led to the development of the treaty, 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
24816-507: The pressure for the sale of the block resulted from the colonists' hunger for land in Taranaki, the greater issue fuelling the conflict was the Government's desire to impose British administration, law and civilisation on the Māori as a demonstration of the substantive sovereignty the British believed they had gained in the 1840 Treaty of Waitangi . The hastily written Māori translation, however, had given Māori chiefs an opposing view that
25004-431: The proclamation on 23 May 1840, Hobson declared the settlement's government as illegal. Hobson also failed to report to the British government that the Māori text of the treaty was substantially different from the English one (which he might not have known at the time) and also reported that both texts had received 512 signatures, where in truth the majority of signatures had been on the Māori copies that had been sent around
25192-425: The pā and fall back on Pukerangiora. Despite widespread criticism for his slowness and caution, Pratt pressed on towards Te Arei, creating the most extensive field-engineering works ever undertaken by British troops in New Zealand. Five more redoubts were built as the saps continued to the edge of the cliff above the Waitara River, but ceased after the intervention of Kingite chief Wiremu Tamihana , who helped negotiate
25380-451: The pā from a distance of about 700 metres and stormed it at dusk, tearing down three Māori ensigns. The first man into the pā was leading seaman William Odgers , who was awarded a Victoria Cross for bravery–the first awarded in the New Zealand wars. Cracroft's men then returned to New Plymouth, without making contact with the settler force, who were still at the Jury farmhouse. The storming of
25568-439: The pā was more of a camp and all but empty and the total Māori casualties amounted to no more than one. He described the "legend" of Waireka as a classic example of the construction of a paper victory, with invented claims of "enormous" losses and a great British victory. The settlers, apparently overlooked in the fracas, watched the action from their house and the next day made their own way to New Plymouth, where Gilbert said: "It
25756-463: The pā was the second stage of the battle. Most or all or the Maori casualties—between 17 and 40—occurred during the first stage of fighting around the gully and Jury homestead, according to Cowan. Cracroft was lauded as a hero for his mission, with claims of the number of Māori killed by his troops ranging from 70 to 150. Total European losses were 14 killed and wounded. Historian James Belich has claimed
25944-418: The resources to defend Auckland if troops were engaged in Taranaki. Both Kingi and the Government made repeated diplomatic approaches to King Pōtatau Te Wherowhero seeking his allegiance, but by early May Pōtatau seemed to have decided to offer at least token support to Taranaki Māori, sending a Kingite war party to the district under the control of war chief Epiha Tokohihi. Kingi seized the opportunity to spark
26132-452: The result Kingi had been hoping for and within 10 days of the Te Kohia battle, about 500 warriors from the Taranaki , Ngati Ruanui and Ngā Rauru iwi converged on the New Plymouth area to provide support. The warriors built an entrenched and stockaded pā named Kaipopo on one of the hills at Waireka, about 8 km southwest of New Plymouth and 4 km from the Omata stockade that lay on
26320-495: The revision of the concept of sovereignty was made explicit with the Responsibility to Protect agreement endorsed by all member states of the United Nations. If a state fails this responsibility either by perpetrating massive injustice or being incapable of protecting its citizens, then outsiders may assume that responsibility despite prior norms forbidding such interference in a nation's sovereignty. European integration
26508-428: The right to decide some matters in the upbringing of their children independent of societal regulation, and municipalities do not have unlimited jurisdiction in local matters, thus neither parents nor municipalities have absolute sovereignty. Theorists have diverged over the desirability of increased absoluteness. A key element of sovereignty in a legalistic sense is that of exclusivity of jurisdiction also described as
26696-413: The road to the town. The area was scattered with some houses built by European settlers, and on 27 March, five settlers, including two boys, were either shot or tomahawked in the Omata district. Tensions in New Plymouth quickly climbed and settlers with large families were ordered, under martial law, to evacuate to the safety of the town. Among those who remained in the Omata area were the Rev. Henry Brown,
26884-403: The ruler (also known as the sovereign ); natural law and divine law confer upon the sovereign the right to rule. And the sovereign is not above divine law or natural law. He is above ( i.e. not bound by) only positive law , that is, laws made by humans. He emphasized that a sovereign is bound to observe certain basic rules derived from the divine law, the law of nature or reason, and the law that
27072-582: The second inside the Italian capital (since in 1869 the Palazzo di Malta and the Villa Malta receive extraterritorial rights, in this way becoming the only "sovereign" territorial possessions of the modern Order), which is the last existing heir to one of several once militarily significant, crusader states of sovereign military orders . In 1607 its Grand masters were also made Reichsfürst (princes of
27260-458: The several faiths [beliefs] of England, of the Wesleyans, of Rome, and also Māori custom shall alike be protected by him). This addition is sometimes referred to as article four of the treaty, and is recognised as relating to the right to freedom of religion and belief ( wairuatanga ). Historian Paul Moon has claimed any guarantee of religious freedom implied by Pompallier's action is
27448-584: The signatures shows that most were from the Bay of Islands only and that not many of the chiefs of the highest rank had signed on that day. Hobson considered the initial signing at Waitangi to be the "de facto" treaty, while later signings merely "ratified and confirmed it". To enhance the treaty's authority, eight additional copies were sent around the country to gather additional signatures: The Waitangi original received 240 signatures. About 50 meetings were held from February to September 1840 to discuss and sign
27636-488: The sovereign, proven illegitimate or otherwise contested and defeated for sovereignty to be genuine. International law, competing branches of government, and authorities reserved for subordinate entities (such as federated states or republics) represent legal infringements on exclusivity. Social institutions such as religious bodies, corporations, and competing political parties might represent de facto infringements on exclusivity. De jure , or legal, sovereignty concerns
27824-625: The state. In 1975 the New Zealand Parliament passed the Treaty of Waitangi Act , establishing the Waitangi Tribunal as a permanent commission of inquiry tasked with interpreting the treaty, investigating breaches of the Principles of the Treaty of Waitangi by the Crown or its agents, and suggesting means of redress. In most cases, recommendations of the tribunal are not binding on the Crown, but settlements with
28012-418: The survey of the land began on 13 March without resistance. On the night of 15 March, however, Kingi and about 80 men built an L-shaped pā , or defensive strong point, at Te Kohia, at the south-west extremity of the block, commanding the road access. The next day, they uprooted the surveyors' boundary markers and when ordered the following day, 17 March, to surrender, they refused. Gold's troops opened fire and
28200-415: The term could also be understood in four different ways: Often, these four aspects all appear together, but this is not necessarily the case – they are not affected by one another, and there are historical examples of states that were non-sovereign in one aspect while at the same time being sovereign in another of these aspects. According to Immanuel Wallerstein , another fundamental feature of sovereignty
28388-441: 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
28576-483: The time they had suffered an unfavourable and humiliating result. Historians have also been divided on the result. Historian James Belich has claimed that the Māori succeeded in thwarting the British bid to impose sovereignty over them, and had therefore been victorious. But he said the Māori victory was a hollow one, leading to the invasion of the Waikato . In its 1996 report to the Government on Taranaki land claims,
28764-519: The title of the " United Tribes of New Zealand ". He Whakaputanga (Declaration of the Independence of New Zealand) asserted that the 'public authority' of New Zealand remained with Māori. This document was not well received by the Colonial Office in Britain, and it was decided in London that a new policy for New Zealand was needed. From a Māori perspective, The Declaration of Independence had
28952-533: The town's entrenchments, including John Hurford (tomahawked at Mahoetahi on 3 August), Joseph Sarten (shot and tomahawked, Henui, 4 December), Captain William Cutfield King (shot, Woodleigh estate, 8 February 1861) and Edward Messenger (shot, Brooklands, 3 March). There were frequent skirmishes around Omata and Waireka, where extensive trenches and rifle pits were dug on the Waireka hills to threaten
29140-472: The treaty as the signing took place but they eventually signed and after Marupō shook the Governor's hand, seized hold of his hat which was on the table and gestured to put it on. Over 40 chiefs signed the treaty that afternoon, which concluded with a chief leading three thundering cheers, and Colenso distributing gifts of two blankets and tobacco to each signatory. Hobson considered the signing at Waitangi to be highly significant, he noted that twenty-six of
29328-675: The treaty for five hours, much of which was recorded and translated by the Paihia missionary station printer, William Colenso . Rewa, a Catholic chief, who had been influenced by the French Catholic Bishop Pompallier , said "The Māori people don't want a governor! We aren't European. It's true that we've sold some of our lands. But this country is still ours! We chiefs govern this land of our ancestors". Moka 'Kainga-mataa' argued that all land unjustly purchased by Europeans should be returned. Whai asked: "Yesterday I
29516-479: The treaty resemble the Treaty of Utrecht (1713), the British Sherbro Agreement (1825) and the treaty between Britain and Soombia Soosoos (1826). The entire treaty was prepared in three days, in which it underwent many revisions. There were doubts even during the drafting process that the Māori chiefs would be able to understand the concept of relinquishing "sovereignty". Assuming that
29704-654: The treaty was large in Kaitaia , as well as the Wellington to Whanganui region, but there were at least some holdouts in every other part of New Zealand. Māori were the first indigenous race to sign a document giving them British citizenship and promising their protection. Hobson was grateful to Williams and stated a British colony would not have been established in New Zealand without the CMS missionaries. On 21 May 1840, Lieutenant-Governor Hobson proclaimed sovereignty over
29892-424: The treaty would be as favourable as possible to Māori. Williams avoided using any English words that had no expression in Māori "thereby preserving entire the spirit and tenor" of the treaty. He added a note to the copy Hobson sent to Gibbs stating, "I certify that the above is as literal a translation of the Treaty of Waitangi as the idiom of the language will allow." The gospel -based literacy of Māori meant some of
30080-449: The treaty's quasi-legal status has clouded the question of whether Māori had ceded sovereignty to the Crown in 1840, and if so, whether such sovereignty remains intact. The treaty was written at a time when the New Zealand Company , acting on behalf of large numbers of settlers and would-be settlers, was establishing a colony in New Zealand, and when some Māori leaders had petitioned the British for protection against French ambitions. It
30268-427: The treaty, and a court judgement in 1877 declared it to be "a simple nullity ". Beginning in the 1950s, Māori increasingly sought to use the treaty as a platform for claiming additional rights to sovereignty and to reclaim lost land, and governments in the 1960s and 1970s responded to these arguments, giving the treaty an increasingly central role in the interpretation of land rights and relations between Māori people and
30456-426: The tribe, Wiremu Kīngi , who declared a veto on the plan. Teira's sale was, however, supported by Ihaia Kirikumara and his brother Tamati, who wrote letters to newspapers claiming that European occupation would allow returned slaves to live in security and lessen the chance that Waikato war parties would return. Governor Browne felt obliged to resist the veto; he insisted Māori had the right to sell if they wished, and
30644-476: The trustees of public authority more and means to abuse their power, the more the Government has to have force to contain the people, the more force the Sovereign should have in turn to contain the Government," with the understanding that the Sovereign is "a collective being of wonder" (Book II, Chapter I) resulting from "the general will" of the people, and that "what any man, whoever he may be, orders on his own,
30832-453: The ultimate arbiter in all disputes on the territory. Specifically, the degree to which decisions made by a sovereign entity might be contradicted by another authority. Along these lines, the German sociologist Max Weber proposed that sovereignty is a community's monopoly on the legitimate use of force ; and thus any group claiming the right to violence must either be brought under the yoke of
31020-507: The war could be won. The district had also suffered great economic hardship, with immigration all but coming to a stop and the destruction of three-quarters of farmhouses at Omata, Bell Block, Tataraimaka, and settlements nearer the town. 237 British soldiers were killed or wounded during the war, and 120 people had died due to disease in New Plymouth, due to the cramped conditions. Māori casualties were often exaggerated by colonial authorities, however at least 99 Māori died or were injured during
31208-419: The waterfront and intersected by bush-filled gullies which provided perfect cover for an attacking party"—was deemed vulnerable to assault by hostile Māori because of tensions over land sales and a detachment of British troops had been placed in the settlement in 1855. The killing of Katatore, an opponent of land selling at Waitara, in January 1858—which in turn sparked more feuding among local Māori and threats of
31396-411: The whole country, (the North Island by treaty and the South Island and Stewart Island by discovery) and New Zealand was constituted the Colony of New Zealand , separate from New South Wales by a Royal Charter issued on 16 November 1840, with effect from 3 May 1841. In Hobson's first dispatch to the British government, he stated that the North Island had been ceded with "unanimous adherence" (which
31584-416: The word's first appearance in English in the 14th century, was influenced by the English word " reign ". The concept of sovereignty has had multiple conflicting components, varying definitions, and diverse and inconsistent applications throughout history. The current notion of state sovereignty contains four aspects: territory, population, authority and recognition. According to Stephen D. Krasner ,
31772-479: The world to pre World War II norms of sovereignty. There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. It is an indisputable fact that this conception, from the moment when it was introduced into political science until the present day, has never had a meaning which was universally agreed upon. Lassa Oppenheim (30-03-1858 – 07-10-1919), an authority on international law An important factor of sovereignty
31960-400: The written Māori language of the time, the Māori text is not an exact translation of the English text, particularly in relation to the meaning of having and ceding sovereignty. These differences created disagreements in the decades following the signing, eventually contributing to the New Zealand Wars of 1845 to 1872 and continuing through to the Treaty of Waitangi settlements starting in
32148-549: Was a practical expression of this circumscription when the Westphalian principle of non-intervention was no longer observed for cases where the United Nations or another international organization endorsed a political or military action. Previously, actions in Yugoslavia, Bosnia, Kosovo , Somalia , Rwanda , Haiti , Cambodia or Liberia would have been regarded as illegitimate interference in internal affairs. In 2005,
32336-478: Was also able to switch warriors from each focus of action, forcing the British to fight two battles while the Māori fought just one. In the wake of the demoralising loss, the central portion of New Plymouth was entrenched and most women and children were evacuated to Nelson , out of fear the town would be attacked. The garrison was reinforced with almost 250 soldiers from the 40th Regiment , sent from Auckland, as well as additional artillery. In July Browne convened
32524-653: Was also keen to demonstrate support for a friendly chief over an individual who was resisting the authority of the Crown and the expansion of European law. Browne accepted the purchase with full knowledge of the circumstances and tried to occupy the land, anticipating it would lead to armed conflict. A year earlier Browne had written to the Colonial Office in England, advising: "I have, however, little fear that William King (Kingi) will venture to resort to violence to maintain his assumed right, but I have made every preparation to enforce obedience should he presume to do so." Although
32712-564: Was both the most important and most disastrous battle of the First Taranaki War for the British, who suffered losses of 32 killed and 34 wounded, almost one in five of the force engaged. It was also one of the three most clear-cut defeats suffered by imperial troops in New Zealand. Despite claims at the time that the British killed between 130 and 150 of the enemy, Māori casualties were estimated to be just five, including two Maniapoto chiefs. Colonel Gold came under heavy criticism for
32900-460: Was captured on 31 December after being abandoned, and a stockade and blockhouses built on the site for a garrison of 60. A second redoubt, No.2, was built in 11 hours on 14 January 500m past the Kairau redoubt and garrisoned by 120 men with artillery. Four days later, Pratt and a force of 1,000 moved out another 400m to build Redoubt No.3, which was garrisoned with 300 men and made the headquarters of
33088-466: Was cursed by a white man. Is that the way things are going to be?". Protestant Chiefs such as Hōne Heke , Pumuka , Te Wharerahi , Tāmati Wāka Nene and his brother Eruera Maihi Patuone were accepting of the Governor. Hōne Heke said: Governor, you should stay with us and be like a father. If you go away then the French or the rum sellers will take us Maori over. How can we know what the future will bring? If you stay, we can be 'all as one' with you and
33276-544: Was drafted with the intention of establishing a British Governor of New Zealand , recognising Māori ownership of their lands, forests and other possessions, and giving Māori the rights of British subjects . It was intended by the British Crown to ensure that when Lieutenant Governor Hobson subsequently made the declaration of British sovereignty over New Zealand in May 1840, the Māori people would not feel that their rights had been ignored. Once it had been written and translated, it
33464-488: Was executed, with 20 Māori signatories of Te Teira's family accepted as representing all owners of the land. On 4 March, Browne ordered Colonel Charles Emilius Gold , commanding the 65th Regiment , the Taranaki Militia and the Taranaki Rifle Volunteers, to occupy the disputed block of land at Waitara in preparation for a survey. Four hundred men landed at Waitara the next day to fortify a position and
33652-514: Was expressing the idea that the emperor exercised a rather absolute form of sovereignty that originated in the people, although he did not use the term expressly. Ulpian's statements were known in medieval Europe , but sovereignty was an important concept in medieval times. Medieval monarchs were not sovereign, at least not strongly so, because they were constrained by, and shared power with, their feudal aristocracy . Furthermore, both were strongly constrained by custom. Sovereignty existed during
33840-400: Was first signed by Northern Māori leaders at Waitangi . Copies were subsequently taken around New Zealand and over the following months many other chiefs signed. Around 530 to 540 Māori, at least 13 of them women, signed the Māori language version of the Treaty of Waitangi, despite some Māori leaders cautioning against it. Only 39 signed the English version. An immediate result of the treaty
34028-417: Was no wish of ours that an armed expedition should be set on foot on our behalf. We were perfectly safe." Murray was widely condemned for his actions in withdrawing his troops and a court of inquiry was convened into his conduct. On 20 April 1860 Browne ordered a suspension of hostilities against Taranaki Māori, fearing the intervention of the King Movement and a possible attack on Auckland. He knew he lacked
34216-408: Was not accurate) and while Hobson claimed the South Island by discovery based on the "uncivilised state of the natives", in actuality he had no basis to make such a claim. Hobson issued the proclamation because he felt it was forced on him by settlers from the New Zealand Company at Port Nicholson who had formed an independent settlement government and claimed legality from local chiefs, two days after
34404-531: Was not inevitable; "it arose because of a particular conjuncture of social and political interests in Europe." Once states are recognized as sovereign, they are rarely recolonized, merged, or dissolved. Today, no state is sovereign in the sense they were prior to the Second World War. Transnational governance agreements and institutions, the globalized economy, and pooled sovereignty unions such as
34592-556: Was overrun by foreign forces in the Iraq War of 2003 , Iraq had not been annexed by any country, so sovereignty over it had not been claimed by any foreign state (despite the facts on the ground ). Alternatively, independence can be lost completely when sovereignty itself becomes the subject of dispute. The pre-World War II administrations of Latvia , Lithuania and Estonia maintained an exile existence (and considerable international recognition) whilst their territories were annexed by
34780-671: 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
34968-434: Was that Queen Victoria 's government gained the sole right to purchase land. In total there are nine signed copies of the Treaty of Waitangi, including the sheet signed on 6 February 1840 at Waitangi. The text of the treaty includes a preamble and three articles. It is bilingual, with the Māori text translated in the context of the time from the English. As some words in the English treaty did not translate directly into
35156-401: Was the first of the Māori chiefs who signed that day. As each chief signed Hobson said " He iwi tahi tātou ", meaning "We are [now] one people". This was probably at the request of Williams, knowing the significance, especially to Christian chiefs, 'Māori and British would be linked, as subjects of the Queen and followers of Christ'. Two chiefs, Marupō and Ruhe , protested strongly against
35344-409: Was thus the first to write that relations between the people and the sovereign were based on negotiation rather than natural submission. His expediency argument attracted many of the early proponents of sovereignty. Hobbes strengthened the definition of sovereignty beyond either Westphalian or Bodin's, by saying that it must be: Hobbes' hypothesis—that the ruler's sovereignty is contracted to him by
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