“Relic of 1840” or founding document? The Treaty, the Tribunal and concepts of time1

Abstract

Abstract This paper has two main objectives. First, it examines the ways in which the Waitangi Tribunal considers the notion of “time” (and its corollary “timelessness”) in relation to the Treaty of Waitangi. The Tribunal has increasingly emphasised the timeless‐ness of the Treaty, its ability to transcend temporal notions of time, and the implications of this for the relationship between the Treaty partners, Maori and the Crown. Second, it compares these tendencies with contemporary Maori ideas of time, as they are presented in the modern Treaty claims process. It is argued that the Tribunal, especially in its more recent reports, has signalled a marked shift in its acknowledgment of Maori concepts of time. Its published reports from 1999 onwards show more appreciation not for only for Maori understandings of the Treaty relationship, but for Maori values and concepts which, by their articulation and inclusion in the hearing process, test orthodox and dominant assumptions regarding the nature of change over time. Some broader trends may also be observed. Since the 1980s, there have been numerous references to the Treaty and its principles in statutory law, Waitangi Tribunal reports, and Deeds of Settlement ratified by successive New Zealand governments. Furthermore, there has been increasing (but by no means universal) recognition of the Treaty as a “developing social contract”, rather than a static historical document, with much of the impetus for such an interpretation coming from findings and recommendations of the Waitangi Tribunal.

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