The phrase "Toitū te Tiriti" is a modern construct and does not appear in the original text of Te Tiriti o Waitangi (1840) or He Wakaputanga o te Rangatiratanga o Nu Tireni (1835). However, its use today raises important jurisdictional and sovereignty questions.
1. The Issue of Renaming and Sovereignty
- Sovereignty is held through tino rangatiratanga, not through new names.
- The original signatories of Te Tiriti o Waitangi signed under their own tino rangatiratanga authority, which was established long before the Treaty itself.
- Creating a new term like "Toitū te Tiriti" does not inherently hold sovereignty, unless it is directly tied to the original Te Tiriti framework and those who hold tino rangatiratanga by ancestral authority.
2. Does "Toitū te Tiriti" Have Legal Standing?Legally, sovereignty does not transfer to a new phrase or concept unless it is explicitly recognized by the original holders of tino rangatiratanga.
If "Toitū te Tiriti" is being used as a political movement, organization, or legal entity, it must establish:
- Who holds the authority under this name?
- Does it have jurisdiction separate from the New Zealand Crown?
- Does it align with the original Te Tiriti and He Wakaputanga, or is it a state-recognized reinterpretation?
3. Risk of Dilution Through Rebranding
If "Toitū te Tiriti" is being used as a Crown-endorsed initiative, it may be an attempt to reshape the narrative and dilute tino rangatiratanga into a softer, more controlled framework.
Similar tactics have been used before with the "Treaty Principles" doctrine, which the Crown uses to reframe Te Tiriti as a "partnership" rather than an assertion of sovereignty.
4. Sovereignty Must Be Affirmed Under Original Authority
Tino rangatiratanga is held by those with direct ancestral authority under He Wakaputanga and Te Tiriti o Waitangi—not by new names or modern political movements unless directly connected.
If "Toitū te Tiriti" is not explicitly aligned with the original Te Tiriti authority, it could risk being absorbed into the Crown’s jurisdiction as a recognized entity under New Zealand law rather than an assertion of absolute sovereignty.
Conclusion
The name "Toitū te Tiriti" itself does not hold sovereignty unless it is being used by those who have direct authority through tino rangatiratanga. If it is being promoted under a government framework, it may be a rebranding of Treaty discourse rather than a true assertion of original sovereignty.
Toitu Te Tiriti Limited is a registered limited company set up in Sept. 24. See poster above.