Treaty of Waitangi Toolkit
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
A/HRC/18/35/Add.4 General Assembly
United Nations A/HRC/18/35/Add.4 General Assembly Distr.: General 31 May 2011 Original: English Human Rights Council Eighteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya Addendum The situation of Maori people in New Zealand∗ Summary In the present report, which has been updated since the advance unedited version was made public on 17 February 2011, the Special Rapporteur on the rights of indigenous peoples examines the situation of Maori people in New Zealand on the basis of information received during his visit to the country from 18-23 July 2010 and independent research. The visit was carried out in follow-up to the 2005 visit of the previous Special Rapporteur, Rodolfo Stavenhagen. The principal focus of the report is an examination of the process for settling historical and contemporary claims based on the Treaty of Waitangi, although other key issues are also addressed. Especially in recent years, New Zealand has made significant strides to advance the rights of Maori people and to address concerns raised by the former Special Rapporteur. These include New Zealand’s expression of support for the United Nations Declaration on the Rights of Indigenous Peoples, its steps to repeal and reform the 2004 Foreshore and Seabed Act, and its efforts to carry out a constitutional review process with respect to issues related to Maori people. Further efforts to advance Maori rights should be consolidated and strengthened, and the Special Rapporteur will continue to monitor developments in this regard. -
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. -
Bicameralism in the New Zealand Context
377 Bicameralism in the New Zealand context Andrew Stockley* In 1985, the newly elected Labour Government issued a White Paper proposing a Bill of Rights for New Zealand. One of the arguments in favour of the proposal is that New Zealand has only a one chamber Parliament and as a consequence there is less control over the executive than is desirable. The upper house, the Legislative Council, was abolished in 1951 and, despite various enquiries, has never been replaced. In this article, the writer calls for a reappraisal of the need for a second chamber. He argues that a second chamber could be one means among others of limiting the power of government. It is essential that a second chamber be independent, self-confident and sufficiently free of party politics. I. AN INTRODUCTION TO BICAMERALISM In 1950, the New Zealand Parliament, in the manner and form it was then constituted, altered its own composition. The legislative branch of government in New Zealand had hitherto been bicameral in nature, consisting of an upper chamber, the Legislative Council, and a lower chamber, the House of Representatives.*1 Some ninety-eight years after its inception2 however, the New Zealand legislature became unicameral. The Legislative Council Abolition Act 1950, passed by both chambers, did as its name implied, and abolished the Legislative Council as on 1 January 1951. What was perhaps most remarkable about this transformation from bicameral to unicameral government was the almost casual manner in which it occurred. The abolition bill was carried on a voice vote in the House of Representatives; very little excitement or concern was caused among the populace at large; and government as a whole seemed to continue quite normally. -
Tangihanga: the Ultimate Form of Māori Cultural Expression— Overview of a Research Programme
Tangihanga: The Ultimate Form of Māori Cultural Expression— Overview of a Research Programme Linda Waimarie Nīkora, Ngāhuia Te Awekōtuku, Mohi Rua, Pou Temara, Te Kahautu Maxwell, Enoka Murphy, Karyn McRae and Tess Moeke-Maxwell Tangi Research Programme, The University of Waikato Abstract Death, observed through the process of tangihanga (time set aside to grieve and mourn, rites for the dead) or tangi (to grieve and mourn), is the ultimate form of Māori cultural expression. It is also the topic least studied by Māori or understood by outsiders, even after televised funeral rites of Māori leaders and intrusive media engagements with more humble family crises. It has prevailed as a cultural priority since earliest European contact, despite missionary and colonial impact and interference, and macabre Victorian fascination. Change is speculative rather than confirmed. Tangi and death rituals have yet to be rigorously examined in the Māori oral canon, or in the archival and historic record that may be discarded or reinforced by current practice. As researchers we are committed to studying tangi, conscious of the belief that such work carries the inherent risk of karanga aituā (inviting misfortune or even death itself) by drawing attention to it. Contemporary Aotearoa New Zealand is constantly touched by aspects of tangi practice through popular media and personal exposure. This volatile subject nevertheless demands careful and comprehensive scrutiny in order to extend and enrich the knowledge base, reveal the logic that guides ritual, inform the wider New Zealand community and, more importantly, support the cultural, social, ritual, economic and decision- making processes of bereaved whānau (family, including extended family), people affiliated with marae (communal meeting complex) and iwi (tribe, tribal). -
Māori Symbolism - the Enacted Marae Curriculum
Māori symbolism - the enacted marae curriculum Jamie Lambert Te Awem āpara, Ng āti Hinekura, Te M āhurehure familial connections Te W ānanga o Aotearoa, Te Awamutu, New Zealand [email protected] Symbolism and other metaphoric representations of aspects of M āori (Indigenous peoples of Aotearoa/New Zealand) culture such as whaik ōrero (formal speaking), moemoe ā (dreams), and whakatauk ī (proverbial sayings) has existed with M āori for generations. This paper examines M āori symbolism and its importance in M āori culture more specifically the maintenance, sustenance and transmission of our indigenous knowledge systems for generations to come. Traditional use of symbols is also explored through the contextual application of the marae (traditional M āori living complex) and how symbols exist in various parts of the marae. The enacted curriculum is also investigated looking at specific examples of how these symbols can enact both non-Māori and M āori formal curriculum areas. Symbolism Symbolism as a part of an expressive culture operates on a number of levels and across a range of frequencies according to your perceptions and having deeper understandings of what is truly represented. These symbols appear as images, words, behaviours and actions function in different spaces and places with differing meanings. This depends heavily on context, that is they are culturally and contextually relevant. Much of the value is encoded in metaphor. Symbols stand for concepts that are often too complex to be stated directly in words (Womack, 2005). Furthermore, Womack cites social anthropologist Raymond Firth (Ibid) who writes “it is assumed that symbols communicate meanings at levels of reality not accessible through immediate experience or conceptual thought.