DRAFT COOPERATIVE A fresh look at the SOVEREIGNTYUNPUBLISHED Treaty of Waitangi DUNCAN ROPER DRAFT UNPUBLISHED COOPERATIVE SOVEREIGNTYDRAFT A fresh look at the Treaty of Waitangi An essay by Duncan Roper (1940-2016) Edited by Petrus Simons and Steuart Henderson UNPUBLISHED Cooperative Sovereignty: A fresh look at the Treaty of Waitangi by Dr Duncan L Roper Unpublished draft © 2016 Duncan L Roper Editing: Petrus Simons, Steuart Henderson, Chris Benge Publication design: KPMDesign (
[email protected]) Any reproduction of any parts of this work must be clearly attributed to Dr Duncan L Roper. Cover Image: Deposit Photos – Waitangi Day and Festival 2013. Contents Foreword by Dr Peter Lineham 5 Editors’ preface 7 Introduction DRAFT9 The basic idea of a cooperative sovereignty 22 Meet the neighbours: Māoridom encounters the sovereignty of the Western colonising state 37 Editors’ epilogue 92 UNPUBLISHED Bibliography 100 DRAFT UNPUBLISHED Foreword It is an honour to write commending this posthumous publication by Duncan Roper, on which he had been engaged in one way or another for more than 20 years. Indeed, as he explains, it is rooted in reflections that stretch back into his youth. In this short publication the essence of much of Duncan’s writing is revealed, and his memory is rightly honoured. Readers are in for a treat in this volume, whichDRAFT showcases a keen mind dissecting and debating views which have become very widely ac- cepted in New Zealand and underlie the work of the Waitangi Tribunal. His challenge of the logic of Ruth Ross’s famous essays is extraordinarily important, because her findings have become the basis upon which the Māori version of Te Tiriti has been elevated at the expense of the consti- tutional and legal roots of the English version.