Aftermath of the Treaty of Waitangi
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The Myth of Cession: Public Law Textbooks and the Treaty of Waitangi
EMILY BLINCOE THE MYTH OF CESSION: PUBLIC LAW TEXTBOOKS AND THE TREATY OF WAITANGI LLB (HONS) RESEARCH PAPER LAWS 522: PUBLIC LAW: STATE, POWER AND ACCOUNTABILITY FACULTY OF LAW 2015 2 Table of Contents I INTRODUCTION ................................................................................................................. 4 II THE TREATY WAS NOT A CESSION OF SOVEREIGNTY ...................................... 7 A Not Possible to Cede Sovereignty in Māori Law ......................................................... 8 B Context and Motivations for the Treaty and te Tiriti ................................................. 9 C Meaning of the Text and Oral Discussions ................................................................ 14 D Aftermath – How Did the Crown Acquire Sovereignty? ......................................... 20 III PUBLIC LAW TEXTBOOKS AS A SUBJECT OF CRITIQUE ................................ 22 A Introduction to the Public Law Textbooks ................................................................ 22 B Textbooks as a Subject of Critique ............................................................................. 23 IV THE TEXTBOOKS .......................................................................................................... 26 A The Myth that the Treaty Was a Cession of Sovereignty ......................................... 27 B Failure to Engage with Māori History, Law and Motivations ................................. 30 C Downplaying of Textual Differences and English Text as “the” Treaty ................ -
Crucified God Tells Us to Love
MARCH 2008 APRIL 2016 CrucifiedCrucified GodGod tellstells usus toto lovelove Susan Thompson with her photographs of crosses from the Church of the Mortal Agony of Christ at Dachau (left) and the Chapel of San Damiano in Assisi. he cross as a symbol of dated and distasteful in its with the suffering of the world visited churches, museums and Susan says a visit to the love and solidarity with emphasis on sacrifice. Some and even shares in its pain. galleries where they saw lots of Dachau Concentration Camp those who suffer was the women saw the cross as a “Like Moltmann, I was crosses. She says some were was the most sobering message of an Easter symbol of violence reflecting the particularly touched by the cry elaborately beautiful, others were experience of the trip. exhibition of nature of patriarchy,” she says. of abandonment voiced by the starkly plain but they all made The cross in the Church of photographs in “I agreed with some of these dying Jesus in the gospel of her pause and reflect. Hamilton. sentiments, but was also drawn Mark: 'My God, why have you A special place they visited the Mortal Agony of Christ at TThe photos were by to the cross. forsaken me?' As an adopted was the Chapel of San Damiano Dachau is raw and haunting. This Methodist Waikato-Waiariki “At that time I was struggling person I was familiar with deep- in Assisi. According to tradition, Christ is a skeleton made of iron, Synod superintendent Rev Dr with my own dilemmas. I was a seated feelings of rejection.” this was where St Francis was hollowed out and starving, the Susan Thompson. -
Historical Overview of the Treaty of Waitangi
Historical Overview of the Treaty of Waitangi Early Connections consent to any changes to this state of affairs. The Treaty journey goes back many centuries to What the Treaty Says the time when Polynesians, migrating Lord Normanby (British Secretary of State for throughout the Pacific, identified Aotearoa as a the Colonies) said, in the instructions he gave to desirable place to settle. Over the centuries, the Captain Hobson in August 1839, that he was to early arrivals spread out and new groups came establish government amongst Europeans in to join them. order to avert ‘the same process of war and Many centuries later, Europeans eventually spoliation’ that had occurred elsewhere when extended their explorations in this direction as Europeans arrived (Buick, 1976, pp 71-72). well, with Abel Tasman naming the place Nieuw Unfortunately, the process for discussing and Zeeland on his map in 1642. By the early 1800s, agreeing to the Treaty was problematic, which people of many nationalities were living led to fundamental misunderstandings between alongside the hapū — although in 1840 Māori the English Crown and hapū signatories, still vastly outnumbered them. especially in relation to who held sovereignty: Generally, these early relationships were mutually the hapū believed they had retained it while the beneficial: European Crown believed that it had been ceded to them. traders were keen to have By definition, what distinguishes These different perspectives are reflected in the new markets; a ‘treaty’ from other types of two main documents that are referred to as ‘the missionaries were pleased agreements is that it must be Treaty’: the Māori Text and the English Version. -
DEPA Treaty of Waitangi New Zealand August 2019
DEPA IN CONFIDENCE Digital Economy Partnership Agreement (DEPA) Non-Paper from New Zealand: The Treaty of Waitangi August 2019 Text for DEPA: Treaty of Waitangi 1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under the Treaty of Waitangi. 2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. [Cross reference TBC] shall otherwise apply to this Article. A panel established under [Cross reference TBC] may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a Party’s rights under this Agreement. Note that the text used for DEPA is the same as text in the P4, CPTPP and Singapore- New Zealand FTA but would be updated if no dispute settlement provisions. Summary The Treaty of Waitangi (the Treaty) is a founding document of New Zealand of the greatest constitutional importance. The Treaty provides a framework for the ongoing relationship of partnership between the Crown (represented by the Government of New Zealand) and Māori, the indigenous people of New Zealand. As part of the principle of partnership between the two signatories of the Treaty, it is important that recognition be given to the special place of the Treaty in New Zealand. -
Te Tiriti, Te Wai and Changing Pākehā
NOBODY OWNS WATER: TE TIRITI, TE WAI AND CHANGING PĀKEHĀ by James Graham A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Environmental Studies Victoria University of Wellington 2015 Within the harbour, a white obelisk commemorating the ferocious battle between the Europeans and the Filipinos offers two sharply varying accounts of those events. One face presents the European point of view: ‘Here on 27th April 1521 the great Portuguese navigator Hernanado de Magallances in the service of the King of Spain was slain by native Filipinos.’ Another face portrays the conflict from the Filipino perspective: ‘Here on this spot the great chieftain Lapu repelled an attack by Ferdinand Magellan, killing him and sending his forces away.’ (Bergreen, 2003, p. 283) i Abstract Colonisation has been described as being at least in part about securing and controlling natural resources and the history of relationships between indigenous people and subsequent settlers as largely representing a battle for control over those resources (Kahn, 1999). A current example is the contest between Māori and the Crown over access to and control over fresh water resources in Aotearoa/New Zealand, part of a wider assertion of Māori rights under the Treaty of Waitangi (Ruru, 2012; Mikaere, 1997; Wikaira 2010). The Ministry for the Environment reports that Māori assertions of water ownership should be addressed before any changes to water management can occur (Ministry for the Environment, 2005). Pākehā responses to Māori interests in water are critical to future outcomes for both Pākehā and Māori. -
The Story of the Treaty Part 1 (Pdf
THE STORY OF THE TREATY Introduction This is the story of our founding document, the Treaty agreement contained within it. At the outset it of Waitangi. It tells of the events leading up to the should be noted that, while the steps leading to the Treaty at a time when Mäori, far outnumbering Treaty are well known and have been thoroughly Päkehä, controlled New Zealand. It describes the studied, historians do differ in what they see as the The Treaty of Waitangi is New Zealand’s founding document. Over 500 Mäori chiefs and essential bargain that was struck between Mäori main developments and trends. Some historians, for representatives of the British Crown signed the Treaty in 1840. Like all treaties it is an exchange and the British Crown and what both sides hoped example, emphasise the humanitarian beliefs of the of promises; the promises that were exchanged in 1840 were the basis on which the British to obtain by agreeing to it. However, it does not tell 1830s; others draw attention to the more coercive Crown acquired New Zealand. The Treaty of Waitangi agreed the terms on which New Zealand the full story of what has happened since the signing aspects of British policy or take a middle course would become a British colony. of the Treaty in 1840: of the pain and loss suffered of arguing that while British governments were by Mäori when the Treaty came to be ignored concerned about Mäori, they were equally concerned This is one of a series of booklets on the Treaty of Waitangi which are drawn from the Treaty of by successive settler-dominated governments in about protecting the interests of Britain and British Waitangi Information Programme’s website www.treatyofwaitangi.govt.nz. -
New Zealanders' Views on Commemorating Historical
NEW ZEALANDERS’ VIEWS ON COMMEMORATING HISTORICAL EVENTS AUGUST 2 0 1 9 PAGE TABLE OF 1 Background and objectives 3 CONTENTS 2 Research approach 4 3 Summary of key results 6 4 Detailed findings 9 How engaged are New Zealanders in commemorations currently? 9 Why do New Zealanders engage or not? 17 What would encourage deeper engagement in commemorations? 23 Which ways of commemorating appeal most? 30 How relevant and important are different events in our history? 34 Views on the Tuia - Encounters 250 commemoration 38 Views on the annual New Zealand Wars commemorations 44 Views on the annual Waitangi Day commemorations 49 5 Appendix 61 Background and objectives The Ministry for Culture and Heritage wants to The key objective of the research is to discover the factors that know what New Zealanders think about the encourage New Zealanders to engage with commemorative commemoration of historical anniversaries activities or that act as barriers to such engagement The aim is to understand their attitudes towards commemorative activities in order to: - maximise the reach and impact of commemorations, and An additional objective is to establish baseline data for measuring the impact of the Tuia - Encounters 250 commemoration - ensure all New Zealanders experience the social benefits of engagement Colmar Brunton 2019 3 Research approach Colmar Brunton was commissioned to conduct two stages of research Stage 1: A nationally representative survey 2,089 online interviews with New Zealanders aged 15 years or over Stage 2: Two focus groups • One group with young Māori • One group with Asian migrants (a demographic group who are less interested and engaged with commemorations based on the online survey results) Details about each stage can be found in the appendix Colmar Brunton 2019 4 Definition of commemorations Commemorations are a way to officially remember an important event, on a meaningful anniversary. -
Te Tiriti O Waitangi Statute
Te Tiriti o Waitangi Statute 1. Purpose a) The purpose of this Statute is to outline the principles adopted by Council to enact the University’s obligations that derive from section 281(b) of the Education and Training Act 2020. b) As a University, we embrace the Treaty of Waitangi as one of our distinctive qualities. The principles, as articulated in this Statute, enable Victoria University of Wellington to realise opportunities under Te Tiriti o Waitangi/Treaty of Waitangi to further advance the University and contribute to the betterment of New Zealand society. 2. Application of Statute a) This Statute applies to staff members, students, and Council members of the University. Statute Content 3. Principles a) The following principles have been drawn from Te Tiriti o Waitangi, New Zealand case law, Waitangi Tribunal reports, Crown policy documents, the University’s governance documents, and mātauranga Māori. b) The principle of Kāwanatanga stems from Article One of Te Tiriti o Waitangi, which used Kāwanatanga to mean governance. In the context of the University, this means that the Council has an obligation to provide good governance for the University as a whole and to act reasonably and in good faith, including with its Māori staff, students and stakeholders. c) The principle of Rangatiratanga recognises Māori autonomy and self-determination, as guaranteed in Article Two of Te Tiriti o Waitangi. In the context of the University, it means encouraging senior Māori leadership roles and entities, spaces and events where tikanga Māori prevails, and engagement with and rights over te reo and mātauranga Māori. d) The principle of Options (Kōwhiringa) acknowledges Māori rights to pursue their own personal direction, whether that be in accordance with tikanga Māori or not. -
The Treaty and Democratic Government Andrew Ladley
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Open Journal Systems at the Victoria University of Wellington Library The Treaty and Democratic Government Andrew Ladley Introduction negotiation of relative degrees of autonomy, within a system based on government-by-consent. This is the first of a series of articles exploring current implications of the Treaty of Waitangi for New Zealand The limits to all claims of power governance. Here, the objective is to locate the persistent Maori demand for some form of self- Across history, the limits to power have always been government in its democratic context of government- the subject of debate, political action, war, and, more by-consent. The argument is that the issues are not recently, constitutionalism. How far can a particular conceptually difficult. In particular, fears about minority assert its distinctiveness and not become too ‘sovereignty’ are unwarranted. The current burst of divisive, perhaps bloody, for society as a whole? How activity in ‘Treaty negotiation’ is not a threat to New far can a majority assert its numerical, cultural or other Zealand’s democracy, but a sign of its strength – a dominance without crushing the distinctiveness of positive and expected part of the constitutional system. smaller groups? What are the limits of domination, As in any democracy, however, there are legitimate and of resistance to such? In the fast-churning washing questions about the framework within which such machine of today’s world, with accelerating movement negotiation takes place and its limits. of peoples, economies and cultures, what is the ‘right to self-determination’? Put differently, are there limits Self-determination is a major theme across human history to both ‘majority rule’ and ‘self-determination’ where and across cultures. -
Rekohu Report (2016 Newc).Vp
Rekohu REKOHU AReporton MorioriandNgatiMutungaClaims in the Chatham Islands Wa i 6 4 WaitangiTribunalReport2001 The cover design by Cliff Whiting invokes the signing of the Treaty of Waitangi and the consequent interwoven development of Maori and Pakeha history in New Zealand as it continuously unfoldsinapatternnotyetcompletelyknown AWaitangiTribunalreport isbn 978-1-86956-260-1 © Waitangi Tribunal 2001 Reprinted with corrections 2016 www.waitangi-tribunal.govt.nz Produced by the Waitangi Tribunal Published by Legislation Direct, Wellington, New Zealand Printed by Printlink, Lower Hutt, New Zealand Set in Adobe Minion and Cronos multiple master typefaces e nga mana,e nga reo,e nga karangaranga maha tae noa ki nga Minita o te Karauna. ko tenei te honore,hei tuku atu nga moemoea o ratou i kawea te kaupapa nei. huri noa ki a ratou kua wheturangitia ratou te hunga tautoko i kokiri,i mau ki te kaupapa,mai te timatanga,tae noa ki te puawaitanga o tenei ripoata. ahakoa kaore ano ki a kite ka tangi,ka mihi,ka poroporoakitia ki a ratou. ki era o nga totara o Te-Wao-nui-a-Tane,ki a Te Makarini,ki a Horomona ma ki a koutou kua huri ki tua o te arai haere,haere,haere haere i runga i te aroha,me nga roimata o matou kua mahue nei. e kore koutou e warewaretia. ma te Atua koutou e manaaki,e tiaki ka huri Contents Letter of Transmittal _____________________________________________________xiii 1. Summary 1.1 Background ________________________________________________________1 1.2 Historical Claims ____________________________________________________4 1.3 Contemporary Claims ________________________________________________9 1.4 Preliminary Claims __________________________________________________11 1.5 Rekohu, the Chatham Islands, or Wharekauri? _____________________________12 1.6 Concluding Remarks ________________________________________________13 2. -
The Treaty of Waitangi and Research Ethics in Aotearoa
Bioethical Inquiry (2009) 6:61–68 DOI 10.1007/s11673-008-9127-0 The Treaty of Waitangi and Research Ethics in Aotearoa Maui L Hudson & Khyla Russell Received: 7 October 2007 /Accepted: 14 August 2008 / Published online: 27 November 2008 # Springer Science + Business Media B.V. 2008 Abstract Researchers, when engaging with Māori Introduction communities, are in a process of relationship building and this process can be guided by the principles of the The Treaty of Waitangi marked the foundation of the Treaty of Waitangi, partnership, participation and modern state of New Zealand and formalised a protection. The main concerns for many indigenous relationship between the British Crown and Māori to peoples in research revolve around respect for their recognise and protect Māori values, traditions and indigenous rights, control over research processes and practices (Cram 2003, 10). Although phrased in broad reciprocity within research relationships to ensure that terms, the Treaty provides for a transfer of sovereignty equitable benefits are realised within indigenous (article one), a continuation of existing property rights groups. Māori have identified similar issues and these (article two), and citizenship rights (article three) concerns can be aligned with the principles of the (Durie 1994). From a Māori stand-point, its role and Treaty of Waitangi. The relevance of the Treaty of status have never diminished, however, the impor- Waitangi to research ethics is discussed and this paper tance of the Treaty within New Zealand society has suggests a revised interpretation of the treaty principles changed over the past 160 years (Durie et al. 1989, to incorporate the range of ethical issues that Māori 64). -
Understanding the Treaty of Waitangi in Health
UnderstandingUnderstanding the Treaty the of Waitangi Treaty in Health of Waitangi in Health Course Code CAMT001 Delivery Face-to-face Duration 1 x Half Day PD Hours 3.5 Cost Free – facilitated by internal CDHB Staff Open to: All Canterbury and West Coast DHB staff Anyone working in the wider Canterbury or West Coast health system Location: Christchurch 2019 Course Dates About this course The Treaty of Waitangi [Māori: Tiriti o Waitangi] is a treaty first signed on February 6, 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand. The Treaty established a British Governor of New Zealand, recognised Māori ownership of their lands and other properties, and gave Māori the rights of British subjects. The English and Māori versions of the Treaty differed significantly, and this has presented many challenges over the years since the treaty was signed. Today, we need to explore the relevance of the Treaty in health and in our professional capacity as health workers. We have an obligation to know and understand the implications of the Treaty in our day to day practice and service delivery to Māori. This course is for everyone who wants to understand the role of this foundation document in the practice of modern day healthcare in New Zealand. What you will be learning Through this course you will: Have a better understanding of the Treaty of Waitangi in the history of New Zealand. Gain a basic understanding of the relevance the Treaty has to the health sector. Consider the application of Treaty principles in our professional health practice.