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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. -
Visit the Beautiful Bay of Islands, a Year-Round Destination and Birthplace of New Zealand
Visit the beautiful Bay of Islands, a year-round destination and birthplace of New Zealand. Journey to New Zealand’s northernmost point, discover the country’s cultural heritage at Waitangi and experience the natural beauty of the region on a scenic cruise. Day 1: Auckland to Paihia (148 miles) Cross the Waitemata Harbour traveling north to Whangarei and Paihia. The Bay of Islands is one of the most historical parts of New Zealand. At Waitangi on February 6th, 1840, the Maori Chiefs ceded sovereignty to Queen Victoria. The Treaty House is now an historic museum. The coastal waters are renowned for thrilling deep-sea fishing for marlin, swordfish and other game fish. Light-tackle fishing for yellowtail provides year-round sport. Day 2: Paihia Paihia is great for relaxing or chilling on the beach. Perhaps visit the historic Waitangi Treaty Grounds where the Treaty of Waitangi was signed. Take a tour and view the magnificent war canoe, Maori meeting house and the Treaty House (allow 1-2 hours). Admission is NZ$25/adult or you can take a guided tour NZ$35. Cultural performances and hangi are available (Nov – Apr) and are additional. This afternoon visit historic and romantic Russell. Take a Russell mini tour or wander around the town by yourself. Russell Museum tells you the history of the town. Don't miss Christ Church - NZ's oldest church and Pompallier - NZ's Heritage Printery. If it is a nice day, take a walking track up to the Flagstaff Hill look out - magnificent views! (allow 1-3 Hours). Day 3: Cape Reinga and 90 Mile Beach (266 miles round-trip) Unfortunately you cannot take your rental vehicle on 90 Mile Beach, but you can drive up Hwy 1 to Cape Reinga, the most accessible northernmost tip of New Zealand, where the Tasman Sea and the Pacific Ocean meet. -
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. -
KIWI BIBLE HEROES Te Pahi
KIWI BIBLE HEROES Te Pahi Te Pahi was one of the most powerful chiefs in the Bay of Islands at the turn of the 19th century. His principal pa was on Te Puna, an Island situated between Rangihoua and Moturoa. He had several wives, five sons and three daughters. Having heard great reports of Governor Phillip King on Norfolk Island, Te Pahi set sail in 1805 with his four sons to meet him. The ship’s master treated Te Pahi and his family poorly during the trip and on arrival decided to retain one of his sons as payments for the journey. To make matters worse, Te Pahi discovered that King had now become the Governor of New South Wales and was no longer on Norfolk Island. Captain Piper, who was now the authority on Norfolk Island, used his powers to rescue Te Pahi and his sons and treated them kindly until the arrival of the Buffalo. Te Pahi and his sons continued their journey to Sydney on the Buffalo in their quest to meet King. In Sydney they were taken to King’s residence where they presented him with gifts from New Zealand. During their stay in Sydney, Te Pahi attended the church at Parramatta conducted by Samuel Marsden. Te Pahi had long conversations with Marsden about spiritual Sources: matters and showed particular interest in the Christian http://www.teara.govt.nz/en/biographies/1t53/te-pahi accessed May 21, 2014 God. Marsden became impressed with the chief’s Keith Newman, Bible and Treaty, Penguin, 2010 Harris, George Prideaux Robert, 1775-1840 :Tippahee a New Zealand chief / strong, clear mind. -
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. -
BAY of ISLANDS Whats on DECEMBER Sunday Monday Tuesday Wednesday Thursday Friday Saturday
BAY OF ISLANDS Whats On DECEMBER Sunday Monday Tuesday Wednesday Thursday Friday Saturday USEFUL SITES Paihia www.paihianz.co.nz 1 2 3 Russell www.russellnz.co.nz Kerikeri Christmas Parade, 6.00pm Kerikeri www.kerikeri.co Food at Wharepuke, Thai Banquet 35 Degrees South - Live Music Kaikohe www.kaikohe.co.nz Food at Wharepuke - dining experience in Te Waimate Night Tours/nibbles/drinks, 7pm Puketi forest, DJ/drinks/food The Duke - Live Music 4pm Opua www.opua-on-line.co.nz TMO Sports Bar, Karaoke, 7pm The Duke, Live Music 4pm TMO Sports Bar - Texas Holdem Poker, 3pm 4 5 6 7 8 9 10 Santa’s Grotto, Plunket, Kerikeri, 9am - 1pm The Duke - Live Music 4pm St John’s Ambulance Market, Kawakawa 35 Degrees South - Ocean Swim After Food at Wharepuke, midday, soul & Paihia Christmas Parade, 5.30pm Party (2 for 1 ale) & Live Music Jazz with Makareta & Daniel Kawakawa Christmas Parade, 5.45pm Kaikohe Christmas Parade, 6.00pm State Ocean Swim - Russell to Paihia Food at Wharepuke - platter evening Basket Making, 10am - 4pm, Basket Making, 10am - 4pm, Food at Wharepuke - Thai Banquet Te Waimate Night Tours/nibbles/drinks, 7pm “Uke at the Duke” - The Duke, 5pm Greenworld Health, Kaikohe TMO Sports Bar Texas Holdem Poker, 7.30pm Greenworld Health, Kaikohe TMO Sports Bar, Karaoke, 7pm The Duke - Live Music 4pm TMO Sports Bar - Texas Holdem Poker, 3pm 11 12 13 14 15 16 17 Carols on the lawn, Pompallier TMO Bar - Live Band 8pm Mission, Russell 6pm 35 Degrees South - Live Music Food at Wharepuke, midday, live soul & 35 Degrees South - Live Jazz with Carols