"It has sometimes been mentioned that the Chiefs did not have sovereignty to cede ... "

"A debate has recently begun between the Government and the Maoris regarding sovereignty ... That debate is incoherent and unnecessary and I will explain why. ...
    "Cede means 'give up (power or territory)' ('Oxford Concise Dictionary'), which entails that they must first have it. The Treaty itself says, the chiefs 'give absolutely to the Queen of England for ever the complete government [kawanatanga] over their land' (trans. I.H. Kawharu). That does not require that they give up their chiefly power or territory. The problem with the debate is that it does not allow for an arrangement whereby both the Queen's power of sovereignty and the chiefs’ power of rangatiratanga could exist together.

    "It has sometimes been mentioned that the Chiefs did not have sovereignty to cede. ... '[N]ational sovereignty ... was absent from the Maori communities in the country,' [explains Paul Moon in his 2002 book The Path to the Treaty of Waitangi] 'so the British were essentially asking for permission to acquire a type of sovereign rule which Maori would not have to sacrifice, as they did not possess it. This is distinct from the superficial interpretation ... in which Maori arbitrarily surrendered all their sovereign rights and powers to the Crown.'

    "So, by Article 1 of the Treaty, the chiefs did not cede sovereignty but instead accepted sovereignty; that is, they agreed that they would be subject to the Crown. That does not necessarily mean that they relinquished their chieftainship (tino rangatiratanga). That suggests an arrangement similar to the Magna Carta in which the Barons are subject to King John. The Barons were still barons with the dignity and estate of a barony, but as such they are subject to the Crown. ...

"Maori chieftainship was not like British sovereignty. The sovereignty (kawanatanga) referred to in Article 1 is with respect of all of New Zealand whereas chieftainship is with respect of an individual tribe. There were about 100,000 Maori at the time of the Treaty which about 500 chiefs signed and others did not, so the tribes were quite small and on average each comprised around only 200 people at most. Chieftainship therefore entailed much less authority over a much simpler social structure than the government (kawanatanga) of the entire country that was proposed and subsequently implemented by the British. It is not just a matter of degree; they are categorically different and provide very different outcomes of evolutionary significance."

~ Barrie Davis from his article 'Seeding Sovereignty in the Spring'