Recognise the Littlewood Treaty as the authoritative English text of the Treaty

What is the "Littlewood Treaty"?

The Treaty of Waitangi, signed in 1840, is New Zealand's founding constitutional document. It was originally drafted in English by Captain William Hobson and then translated into Māori by Henry Williams. The petition refers to the "Littlewood Treaty," a term used by some historians and advocates to describe a specific English version of the Treaty. The petitioners argue that the English text finalized on 4 February 1840, which was given to Henry Williams for translation, is the true "authoritative" version. They claim this original English draft was later copied by the American Consul and that the version currently held in New Zealand archives is not the definitive original English text. The petition asks Parliament to officially recognize this specific historical document as the primary English reference.

Current Situation and Context

Currently, the Treaty of Waitangi is recognized as the founding document of New Zealand. The official English text is held in the National Archives of New Zealand (Archives New Zealand). The Māori text (Te Tiriti o Waitangi) is widely regarded as the primary legal and moral authority, as it was the version signed by most Māori chiefs. The petition arises from a long-standing debate among historians and legal scholars about which English text best reflects the intentions of the signatories. Some argue that the standard English text used in courts and government differs slightly from the draft that was actually translated, leading to disputes over the meaning of key terms like "sovereignty" (kawanatanga) and "ownership" (tino rangatiratanga).

Arguments in Favour

• Historical Accuracy: Supporters argue that recognizing the "Littlewood" text would align the English version more closely with the original intent of the translators and signatories.
• Clarity: Proponents believe this specific text offers a clearer, more balanced interpretation of the agreement, potentially reducing legal ambiguities.
• Restoring Intent: They argue that the current official text has been altered or misinterpreted over time, and this petition seeks to restore the original historical record.

Arguments Against

• Legal Precedent: The current English text has been used in New Zealand courts and legislation for over 180 years. Changing the authoritative text could create significant legal uncertainty and require re-evaluating many existing laws and court cases.
• Primary Authority of Te Tiriti: Many legal experts and Māori leaders emphasize that the Māori text is the primary source of the Treaty's meaning. Focusing on a specific English draft may distract from the importance of Te Tiriti o Waitangi.
• Historical Dispute: The existence and status of the "Littlewood" text as the definitive original are debated among historians. There is no universal academic consensus that this specific document supersedes the currently recognized versions.

Who is Affected?

This issue affects the legal interpretation of the Treaty, which impacts relationships between the Crown and Māori, particularly regarding land rights, resource management, and constitutional law. It also concerns historians, legal professionals, and citizens interested in New Zealand's foundational history.

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