Possession and preemption in the English treaty text
Article the Second of the inspected English treaty text guarantees full, exclusive and undisturbed possession of the listed lands and properties while their holders wish to retain them; the chiefs yield to the Queen an exclusive right of preemption over lands the proprietors are willing to alienate at agreed prices.
What this does and does not establish
The possession guarantee and the proviso concerning the exclusive right of preemption must be read together. The term preemption is retained as written, without settling its legal interpretation. This is the English documentary wording, not proof of compliance, consent, or equivalence to the separate Māori text.
How it is dated
- In the source
- Done at Waitangi this Sixth day of February in the year of Our Lord One thousand eight hundred and forty.
- How we use it
- Document-year grouping; bilingual versions remain distinct.
- Method
- Explicit year in English treaty conclusion, not a date for every signature or proof of implementation
Sources and quoted text
Source 1
Treaty of Waitangi, English text
1840 Treaty text reproduced by Waitangi Tribunal from Schedule 1, Treaty of Waitangi Act 1975
English-language treaty text (statutory transcription, not the signed original)
Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.Reuse conditions recorded for this source: Attribute Waitangi Tribunal, historical treaty texts reproduced from Schedule 1 of the Treaty of Waitangi Act 1975. Keep English and Māori text distinct; any AI working translation is non-authoritative; preserve qualifications and source URL.
Exact source version
e2686f902f07db0c817ed6185ceeef4af277a674ddd945371d6bd686de8a318fSource 2
Treaty of Waitangi, English text
1840 Treaty text reproduced by Waitangi Tribunal from Schedule 1, Treaty of Waitangi Act 1975
English-language treaty text (statutory transcription, not the signed original)
Done at Waitangi this Sixth day of February in the year of Our Lord One thousand eight hundred and forty.Reuse conditions recorded for this source: Attribute Waitangi Tribunal, historical treaty texts reproduced from Schedule 1 of the Treaty of Waitangi Act 1975. Keep English and Māori text distinct; any AI working translation is non-authoritative; preserve qualifications and source URL.
Exact source version
e2686f902f07db0c817ed6185ceeef4af277a674ddd945371d6bd686de8a318fChecks and changes
Source checked 2026-11-04. An independent AI evidence review supports this bounded, attributed wording. That review does not guarantee historical truth.
Revision p05_04_3_r4
Exact revision fingerprint
39cc9c7df8358a42c12b413e5dbcce6b65d0d865e878428762a12dba416d0efc