Is the Treaty a partnership?

No, the Treaty of Waitangi is not a partnership. The notion of “partnership” is a modern judicial and political interpretation, not a feature of the original Treaty signed in 1840.

The Treaty of Waitangi, signed in 1840 between the British Crown and various Māori chiefs, was not framed or described as a partnership. Its purpose was to establish British sovereignty while offering Māori the rights of British subjects and protection of property rights. The Treaty contains no language indicating a partnership between equal sovereign entities.

The idea of a "Treaty partnership" emerged in the late 20th century, particularly through judicial decisions such as the 1987 Court of Appeal case (New Zealand Māori Council v Attorney-General), where judges used the concept of a partnership metaphorically to describe how the Crown should honour its obligations in modern governance. This interpretation was not based on the Treaty text itself, but on evolving principles inferred by the courts.

Since then, the “partnership” label has been widely used in government policy and legal discourse, particularly to support co-governance arrangements. However, many legal scholars and commentators argue that this interpretation is constitutionally problematic and historically inaccurate, as sovereignty was ceded to the Crown and Māori did not retain co-equal governing authority.

Reference

  • New Zealand Māori Council v Attorney-General [1987] 1 NZLR 641