Legally, both versions are recognised, but the Māori version (Te Tiriti o Waitangi) is considered primary in international law, particularly because the Treaty was primarily explained and signed in te reo Māori.

The Treaty of Waitangi exists in two main versions: the English version and the Māori version (Te Tiriti o Waitangi). The text of the Treaty was drafted in English, translated into te reo Māori, and back-translated into English. No English text (other than that signed at Manukau and Port Waikato to record additional signatures alongside a Māori text) was signed by Māori.

While the preamble and epilogue were primarily the work of British naval officer Captain William Hobson and his secretary, James Freeman, the clauses of the Treaty were principally compiled and drafted by the British Resident in New Zealand, James Busby, with the entire text translated into te reo Māori by Reverend Henry Williams, who was fluent in te reo having lived among Māori for 15 years, and his son, Edward.

Even before the ink was dry on the Tiriti o Waitangi signed by the chiefs on February 6th, James Freeman had manufactured one of his composite "Royal Style" treaty versions in English from the rough draft notes. The versions created by Freeman were not exact translations of Tiriti O Waitangi and contain significant differences.

For many years, the final English draft of the Treaty was missing. However, in 1989, a document believed to be the original draft was discovered by descendants of Henry Littlewood, a solicitor who had been in the Bay of Islands during the late 1830s and 1840s. This document is now known as The Littlewood Treaty.

In modern Treaty jurisprudence and settlement processes, the Māori version is given significant weight, especially when determining breaches and obligations.

Reference

Change and Context. Another look at the Treaty of Waitangi. Roger Evans (Lal Bagh Press)