by Ned Fletcher. Published by Bridget Williams Books, 2022. Reviewed by Richard Wild

THE ENGLISH TEXT of the Treaty of Waitangi is a comprehensive, scholarly account of the Treaty of Waitangi, focusing especially on its background and context. Fletcher’s key argument is that the English version of the Treaty, which appears to clearly establish the ceding of sovereignty, is compatible with ongoing Māori autonomy, as seen in the Māori version. He bases this argument on evidence from the British Colonial Office, which (until the late 1840s) sought to establish pluralistic forms of government and law throughout the developing empire.

Fletcher, unlike other Treaty scholars, notably including Ruth Ross, contends that the British government, and specifically the Colonial Office, were extremely concerned with the effects of British colonialism on indigenous peoples within the empire. In the New Zealand context, Colonial Office officials were troubled by British land-sharking and lawlessness. Their instructions to Hobson envisaged a pluralistic future for New Zealand, where understandings around sovereignty were more subtle and nuanced than the “one size fits all” interpretation advanced since 1972.

Ned Fletcher’s tome marks a significant advance in the study of New Zealand’s constitutional history; but it is definitely not for beginners! A prior working knowledge of the Treaty and its context is highly recommended.

Tui Motu Magazine. Issue 278 February 2023: 27