A Tale of Two Statues
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Journal Is: (2009) 7 NZJPIL (Page)
© New Zealand Centre for Public Law and contributors Faculty of Law Victoria University of Wellington PO Box 600 Wellington New Zealand June 2009 The mode of citation of this journal is: (2009) 7 NZJPIL (page) The previous issue of this journal is volume 6 number 2, December 2008 ISSN 11763930 Printed by Geon, Brebner Print, Palmerston North Cover photo: Robert Cross, VUW ITS Image Services CONTENTS SPECIAL CONFERENCE ISSUE: MMP AND THE CONSTITUTION Foreword Dean R Knight...........................................................................................................................vii "Who's the Boss?": Executive–Legislature Relations in New Zealand under MMP Ryan Malone............................................................................................................................... 1 The Legal Status of Political Parties under MMP Andrew Geddis.......................................................................................................................... 21 Experiments in Executive Government under MMP in New Zealand: Contrasting Approaches to MultiParty Governance Jonathan Boston and David Bullock........................................................................................... 39 MMP, Minority Governments and Parliamentary Opposition André Kaiser............................................................................................................................. 77 Public Attitudes towards MMP and Coalition Government Raymond Miller and Jack Vowles.............................................................................................. -
Portrayals of the Moriori People
Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. i Portrayals of the Moriori People Historical, Ethnographical, Anthropological and Popular sources, c. 1791- 1989 By Read Wheeler A thesis submitted in partial fulfilment of the requirements for the degree of Master of Arts in History, Massey University, 2016 ii Abstract Michael King’s 1989 book, Moriori: A People Rediscovered, still stands as the definitive work on the Moriori, the Native people of the Chatham Islands. King wrote, ‘Nobody in New Zealand – and few elsewhere in the world- has been subjected to group slander as intense and as damaging as that heaped upon the Moriori.’ Since its publication, historians have denigrated earlier works dealing with the Moriori, arguing that the way in which they portrayed Moriori was almost entirely unfavourable. This thesis tests this conclusion. It explores the perspectives of European visitors to the Chatham Islands from 1791 to 1989, when King published Moriori. It does this through an examination of newspapers, Native Land Court minutes, and the writings of missionaries, settlers, and ethnographers. The thesis asks whether or not historians have been selective in their approach to the sources, or if, perhaps, they have ignored the intricacies that may have informed the views of early observers. The thesis argues that during the nineteenth century both Maori and European perspectives influenced the way in which Moriori were portrayed in European narrative. -
Pastoralist and Maoris, Frederick Weld
Pastoralist and Maoris FREDERICK WELD AT WHAREKAKA TRAVELLERS motoring into present-day Martinborough and taking time to observe the countryside traversed by the main road may pause to read an Historic Places Trust sign some ten kilometres south of the township. The placard marks the site of Wharekaka, the first sheep station to be established in the Wairarapa valley and the first of three properties belong- ing to one of the most successful pastoral partnerships in early New Zealand history. This article seeks to examine one of the least well docu- mented aspects of early pastoralism in the Wairarapa, the nature of rela- tions between the squatters and the local Maori people, the Ngati Kahungungu. by focussing in some detail on Frederick Weld's experiences and reactions during his first year in the valley. The study is important, first, for the insight it gives into a relatively neglected area of cultural contact in early New Zealand history. Second, the experiences and atti- tudes formulated during the first year in the valley help to explain the native policy pursued by Weld when minister of native affairs and premier, and the origin of the 'self-reliant' defence policy which marked his premiership in 1864-65. Weld was a most unlikely pioneer. Born into a prominent West Country Catholic family, twenty-year-old Frederick had arrived in Port Nicholson on St George's Day 1844 with a modest sum of gold sovereigns, and New Zealand Company land orders for one town and one hundred country acres in the settlement. In outward appearance this genteel and devout 'handsome blue-eyed aristocrat',1 with his long brown curling hair, slim build and history of delicate health, seemed singularly ill-fitted for the rigours of any kind of rough pioneering life. -
Māori Land and Land Tenure in New Zealand: 150 Years of the Māori Land Court
77 MĀORI LAND AND LAND TENURE IN NEW ZEALAND: 150 YEARS OF THE MĀORI LAND COURT R P Boast* This is a general historical survey of New Zealand's Native/Māori Land Court written for those without a specialist background in Māori land law or New Zealand legal history. The Court was established in its present form in 1865, and is still in operation today as the Māori Land Court. This Court is one of the most important judicial institutions in New Zealand and is the subject of an extensive literature, nearly all of it very critical. There have been many changes to Māori land law in New Zealand since 1865, but the Māori Land Court, responsible for investigating titles, partitioning land blocks, and various other functions (some of which have later been transferred to other bodies) has always been a central part of the Māori land system. The article assesses the extent to which shifts in ideologies relating to land tenure, indigenous cultures, and customary law affected the development of the law in New Zealand. The article concludes with a brief discussion of the current Māori Land Bill, which had as one of its main goals a significant reduction of the powers of the Māori Land Court. Recent political developments in New Zealand, to some extent caused by the government's and the New Zealand Māori Party's support for the 2017 Bill, have meant that the Bill will not be enacted in its 2017 form. Current developments show once again the importance of Māori land issues in New Zealand political life. -
New Zealand Experience: the Twaty of Waitangi
New Zealand Experience: The Twaty Of Waitangi Alan Ward The main point The main point I wish to advance in this paper is that no matter how finely worded a treaty might be, it will not be effective unless there is a broad political consensus to make it effective. Professor Brij La1 has shown in his paper that despite the meticulous care and widespread consulta- tion that underlay the making of the 1997 Fijian constitution, it was abro- gated by force by sections of Fijian society who were not fundamentally in sympathy with it. Much the same can be argued in respect of the Treaty of Waitangi in New Zealand. When proposals for a treaty with the Aboriginal people began to be mooted in the 1970s it was commonly argued in Australia (as indeed it still is) that the situation of Maori in New Zealand was markedly better than that of Aborigines in Australia, because Maori had the benefit of a treaty their chiefs signed with the British in 1840, the Treaty of Waitangi. In contrast, many New Zealanders, including many Maori, were quite cynical, in the light of their experience, about what a treaty might achieve for Aborigines. As recently as 1983, the New Zealand Maori Council, the senior Maori representative body, established (like ATSIC) under an act of parliament, stated as follows: "In the treatment and handling of Maori claims the Treaty of Waitangi has been sadly denigrated. Unlike many other countries where treaties and the facts of prior occupation have been regarded by the Courts as proper sources of domestic law resulting in a body of court laws on treaty and indigenous rights, the New Zealand courts have consistently denied that the Treaty fo Waitangi forms part of our domestic law or that such sources of law could exist. -
Rape, Assault, and Assault with Intent in Colonial Aotearoa New Zealand, 1842-1872
“UNFIT FOR PUBLICATION”: RAPE, ASSAULT, AND ASSAULT WITH INTENT IN COLONIAL AOTEAROA NEW ZEALAND, 1842-1872 by CAITLIN ANN CUNNINGHAM B.A., University of British Columbia, 2011 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE AND POSTDOCTORAL STUDIES (History) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) August 2014 © Caitlin Ann Cunningham, 2014 Abstract In Aotearoa New Zealand between 1842 and 1872 British colonial judges, juries, and reporters expressed their particular understandings of what constituted “rape” in the contexts of Supreme Court trials. Both white and Maori women encountered scepticism in court and a share of the responsibility for provoking the crimes carried out against them, although Maori women faced particular vilification. While judges frequently declared their strong aversion to the crime of sexual assault, they rarely backed their rhetoric up with strict sentencing practices, even when the male perpetrators were Maori. As a result, an important distinction arose between hypothetical scenarios of rape, characterized by judges and the press as egregious, and real life cases, which rarely met the high standards of rape according to definitions recorded in the press. Through the primary use of newspaper reports on Supreme Court trials contained in the Papers Past database, this thesis explores the contours of these hegemonic definitions of sexual violence in a formative moment of British colonization efforts in New Zealand. It traces the struggle between British masculinity and Maori resistance efforts, and how this struggle played out in heterosexual rape trials tried according to British colonial law. While Maori tribes successfully resisted the British colonial take-over of both their cultural autonomy and land, the British responded by softening the boundaries of race and strengthening the bond of masculine power. -
Te Ua Haumene Horpapera Tuwhakararo, Te Kooti and Others Who Saw Visions in the Maori Wars of the 1860S
chapter 14 Te Ua Haumene Horpapera Tuwhakararo, Te Kooti and Others who saw Visions in the Maori Wars of the 1860s What Governor Eyre had feared in Jamaica in the early 1860s actually came to pass in New Zealand. Large numbers of Maori evangelists, teachers and assis- tants chose to fight the British army rather than see more of their land seized by white settlers and the colonial government. Some of them claimed the authority of God and the Bible for their cause. Many held denominationally orthodox Sunday services throughout the conflict. Others claimed inspiration from heavenly messengers who commanded them to preach new versions of Christianity. Atrocities and murders carried out by prophets and their acolytes shocked white New Zealanders and called the whole missionary endeavour into question. However, because they were not perceived as an existential chal- lenge to colonial authority, they did not provoke anything like the extreme reactions against indigenous evangelism seen in Jamaica. Causes of the Wars and Maori Christian Involvement Christianity and Maori evangelists are everywhere to be seen during the New Zealand wars that dragged on without a decisive resolution right into the early 1870s. The conflict originated in 1860 over a land dispute in Taranaki on the North Island. Governor Gore Browne had become concerned that the Maori King movement launched in 1858, which aimed to stem the tide of Maori land alienation by establishing a single authority to deal with the British Queen, would become an insuperable obstacle to legitimate land transfers from will- ing Maori sellers to eager colonial buyers. -
English Law and the Mäori Response: a Case Study from the Runanga System in Northland, 1861-65
ENGLISH LAW AND THE MÄORI RESPONSE: A CASE STUDY FROM THE RUNANGA SYSTEM IN NORTHLAND, 1861-65 VINCENT O’MALLEY HistoryWorks, Wellington Examples of the genuine devolution of state authority to Mäori tribal communities are few in New Zealand history until at least the late 20th century. Sir George Grey’s 1861 “plan of native government”, usually described as the “new institutions” or “runanga system” (Ward 1974:125), is often cited as one of the earliest efforts in this direction. Yet there was never any intention of allowing the runanga (tribal councils or assemblies) established under this system to develop into state-sanctioned instruments of genuine self-government. The extension of English law into what were perceived to be ungovernable Mäori districts remained the priority throughout. With unofficial runanga already widely established in many Mäori communities, officials saw an opportunity to harness the energies of these in pursuit of government objectives (O’Malley 2004:47). Widespread suspicion of Crown intentions in the wake of the first Taranaki War saw Grey’s plans flatly rejected in many areas (Ward 1974:132-33). Meanwhile, chiefs in those districts where the runanga system was most fully implemented proved no more willing to be duped into enforcing Päkehä laws against their own communities. Government officials, who had hoped to appropriate for their own ends the aspirations of Mäori in such districts for state recognition of existing tribal governance structures, instead found the new runanga system reappropriated by iwi (‘tribal’) leaders in pursuit of their own, rather different objectives. An assertion of British sovereignty from one perspective was thus viewed from another as belated recognition of the right of Mäori communities to manage their own affairs in accordance with their own customs, as had been widely understood by many chiefs to have been promised to them under the Treaty of Waitangi signed in 1840. -
AN EXPLORATION INTO WHANGANUI GANG IDENTITY By
PATCHING UP THE DIFFERENCES: AN EXPLORATION INTO WHANGANUI GANG IDENTITY by Feona Jessica Sayles A thesis submitted to the faculty of Humanities and Cultural Studies, Victoria University of Wellington in partial fulfilment of the requirements for the degree of Doctorate of Philosophy January 2021 Copyright © Feona Jessica Sayles 2020 All Rights Reserved i ABSTRACT The District Council (Prohibition of Gang Insignia) Act 2009 (‘Gang Insignia Act 2009’) came into force in 2009 and prohibited the ‘display’ of ‘gang insignia’ within ‘specified areas’ of the Whanganui District. The purported aim of the legislation was to reduce intimidation of the public and confrontations between gangs. There was no requirement for intent on the part of the wearer of the insignia. This made the Whanganui gang insignia ban unique in terms of criminal law as it maintained that harm was inflicted due to group identity rather than specific conduct. This raises the question of how an identity can be constructed so that it is considered capable of causing criminal harm. To address this question, this research looked at the ways in which the media contributed to the construction of gang identity during the period of 2004 to 2013. This was achieved through (1) a content analysis of reports from three print newspapers and two online newspapers, (2) a content analysis of reader interactions with the reports, and (3) a textual analysis of two print newspapers. The research was guided by moral panic theory so looked for ways in which the events related to stages or elements of moral panic. The focus of the moral panic was also expanded so as to explore the overall context operating at the particular time. -
A Report on the Katikati Te Puna Purchase
'JUSTICE, SEASONED WITH MERCY' A report on the Katikati Te Puna purchase BarryRigby A Report Commissioned by the Waitangi Tribunal February 2001 TABLE OF CONTENTS CHAPTER ONE: INTRODUCTION .................................................................................... 2 ( CHAPTER TWO: CESSION OR CONFISCATION? ........................................................ 5 CHAPTER THREE: THE INITIATION OF THE PURCHASE ....••.............•................... 9 CHAPTER FOUR: THE POLITICAL CONTEXT........................................................... 11 CHAPTER FIVE: FALTERING FOLLOW-THROUGH ................................................ 15 CHAPTER SIX: ORDER IN COUNCIL 18 MAY 1865 .................................................... 18 CHAPTER SEVEN: THE COMPLETION OF THE PURCHASE ...•............................. 22 CONCLUSION: THE RESPECTIVE INDIVIDUAL ROLES ......................................... 26 BIBLIOGRAPHY .................................................................................................................. 30 A PRIMARY SOURCES ................................................................................................ 30 B SECONDARY SOURCES .......................................................................................... 31 APPENDIX: DIRECTION COMMISSIONING RESEARCH ........................................ 32 ( MAP: KATIKATI TE PUNA PURCHASE 1866 .•••..•.......•.........•......•................ 4 "'--.;':" '.- . ( CHAPTER ONE: INTRODUCTION The Waitangi Tribunal commissioned this research report -
Penguin History of New Zealand P.133
CORE Metadata, citation and similar papers at core.ac.uk Provided by UC Research Repository ‘Like Iron Filings to a Magnet’: A Reappraisal of Michael King’s Approach to New Zealand History A thesis submitted in partial fulfillment of the requirements for the Degree of Master of Arts in History at the University of Canterbury by Halie McCaffrey University of Canterbury 2010 Contents Acknowledgements p.ii Abstract p.iv Introduction: Michael King: History Man p.1 Chapter One: ‘Being Pākehā’ in the Historiographical Dialogue of Nation and Identity in New Zealand p.9 Chapter Two: Mātauranga Pākehā: King’s Construction of a New Zealand Identity p.42 Chapter Three: Identity and the Landscape: Imagining New Zealand Through King’s Personal Experience of Place p.68 Chapter Four: King’s People: The Life Histories of New Zealanders p.92 Chapter Five: A Career Full Circle? A Discussion of The Penguin History of New Zealand p.133 Conclusion: Michael Row the Boat Ashore p.177 References Bibliography: Primary Sources p.181 Secondary Sources p.188 ii Acknowledgements The writing this thesis has been a difficult process: both academically and emotionally. The completion of this thesis has come down to a lot of support from different people in my life. I am very thankful to each one of them. At the beginning of this process I was diagnosed with dyslexia. SPLED Canterbury was great help to me during this process. Not only did they pay for my testing, they paid for a tutor to help me work on my weaknesses. I am so grateful to Christine Docherty who showed much compassion in re teaching me the basics of the English language. -
Students at Risk. SET Special Issue. INSTITUTION Australian Council for Educational Research, Victoria.; New Zealand Council for Educational Research, Wellington
DOCUMENT RESUME ED 405 400 UD 031 365 AUTHOR Wright, Judith, Ed. TITLE Students at Risk. SET Special Issue. INSTITUTION Australian Council for Educational Research, Victoria.; New Zealand Council for Educational Research, Wellington. PUB DATE 96 NOTE 46p. PUB TYPE Collected Works Serials (022) Reports Evaluative /Feasibility (142) JOURNAL CIT SET: Research Information for Teachers; spec iss 1996 EDRS PRICE MF01/PCO2 Plus Postage. DESCRIPTORS Administrator Attitudes; *Adolescents; Attendance; Behavior Patterns; *Disadvantaged Youth; Educational Environment; *Elementary Secondary Education; Foreign Countries; *High Risk Students; Interpersonal Relationship; Sexual Harassment; *Truancy; Violence IDENTIFIERS *Australia; Bullying; *New Zealand ABSTRACT This special issue of the serial SET for 1996 contains seven newly commissioned articles and four reprints all related to the education of children at risk. This issue includes: (1) "Students at Risk: An Overview" (Margaret Batten, Graeme Withers, and Jean Russell);(2) "Inquiry into Children in Education at Risk through Truancy and Behavioural Problems" (New Zealand House of Representatives);(3) "Tackling Bullying in Schools: The Findings from Interventions" (Mark Cleary, Peter K. Smith, and Sonia Sharp); (4) "Truancy in Adolescence" (David M. Fergusson, Michael T. Lynskey, and L. John Horwood);(5) "Keeping Ourselves Safe: Who Benefits?" (Freda Briggs and Russell M. F. Hawkins);(6) "There Will Still Be Days: Profile of a Truant" (Patricia Berwick-Emms); (7) "Family Violence and Children: Their Experience, the Impact, and How Schools Can Respond" (Paula Shepherd);(8) "Sexual Harassment in School: The Public Performance of Gendered Violence" (Nan Stein);(9) "Why So Many Adolescent Girls Want To Lose Weight" (Vivienne Adair and Robyn Dixon); (10) "The Importance of Classroom Climate for At-Risk Learners" (Cecilia Pierce); and (11) "Violence in Schools: Principals' Perspectives" (Colin McCraith).