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Автор: Grafiati

Опубліковано: 4 червня 2021

Оновлено: 4 березня 2023

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1

Northover, Hannah. "Book Review: Michael Belgrave, Merata Kawharu and David Williams (eds) Waitangi Revisited: Perspectives on the Treaty of Waitangi." Victoria University of Wellington Law Review 36, no. 1 (May 1, 2005): 156. http://dx.doi.org/10.26686/vuwlr.v36i1.5593.

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This article is a book review of Michael Belgrave, Merata Kawharu and David Williams (eds) Waitangi Revisited: Perspectives on the Treaty of Waitangi (Oxford University Press, Melbourne, 2005) (402 + xxi pages) NZ$65. The book looks at issues surrounding the Treaty of Waitangi 16 years after the publication of "Waitangi: Māori and Pākehā Perspectives of the Treaty of Waitangi". Although it can be difficult to find cogent and lucid expressions of contrary opinions on Treaty issues, Northover states that the book's attempts to provide different ideological perspectives are relatively successful. Other pieces are more akin to case studies, illustrating wider schemes and issues of significance. It is concluded that the book deserves to be read by a wide audience, and that the contributions in the collection reflect Treaty issues that remain (and will remain) prominent.

2

McClean, Robert. "Waitangi Revisited: Perspectives on the Treaty of Waitangi." New Zealand Geographer 62, no. 2 (August 2006): 168–69. http://dx.doi.org/10.1111/j.1745-7939.2006.00063.x.

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3

Howe, K. R., and Claudia Orange. "The Treaty of Waitangi." American Historical Review 95, no. 3 (June 1990): 894. http://dx.doi.org/10.2307/2164445.

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4

CANT, GARTH. "Waitangi: Treaty and Tribunal." New Zealand Journal of Geography 89, no. 1 (May 15, 2008): 7–12. http://dx.doi.org/10.1111/j.0028-8292.1990.tb00281.x.

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5

Blumhardt, Hannah. "Multi-textualism, 'Treaty Hegemony' and the Waitangi Tribunal: Making Sense of 19th Century Crown-Māori Negotiations in Te Urewera." Victoria University of Wellington Law Review 43, no. 2 (July 2, 2012): 263. http://dx.doi.org/10.26686/vuwlr.v43i2.5034.

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Between 1894 and 1896 the Crown conducted negotiations with Tūhoe which culminated in the 1895 Urewera Agreement and the Urewera District Native Reserve Act 1896. This article considers the constitutional implications of these negotiations and the resulting agreement and legislation. Adopting a 'multi-textual' conception of New Zealand legal history, and paying heed to the fact that Tūhoe did not sign the Treaty of Waitangi, the article argues that the Crown-Tūhoe relationship should be grounded predominantly in the 1895–1896 Agreement rather than the Treaty of Waitangi. In making this argument the article critiques the Waitangi Tribunal’s approach to these particular points in the first two pre-publications of its Te Urewera Report. The article argues that in finding that the Crown-Tūhoe negotiations and agreement signalled the beginning of a relationship based upon the Treaty of Waitangi, the Waitangi Tribunal erred in its approach.

6

Schmidt, Tyson. ""We don't have time for that carry-on anymore" – Protest and the construction of space at Waitangi in the 1980s." Architectural History Aotearoa 6 (October 30, 2009): 58–67. http://dx.doi.org/10.26686/aha.v6i.6755.

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The 6th of February is New Zealand's annual day of cultural performance par excellence. It is not a rememberance and reflection of what is undoubtedly this country's most important historical moment, but instead an enactment of contemporary understandings of the Treaty of Waitangi by both Māori and the Crown. Architecturally this performance is played out at, and between, Te Tii marae and the Treaty grounds at Waitangi. The partnership between Māori and the Crown is spatially expressed each year by symbolically important rituals being conducted and protocols observed at each specific site. People gather, welcomes occur, addresses are given, entertainment provided, bridges crossed, debates take place, demands are made, and protests held. The actions of the various parties are frequently beamed into households by the television networks and reported in the national newspapers, leading to a national construction of space that represents current perceptions of cultural and race relations. The 1980s saw a significant shift in the construction of Waitangi as space. Following the rise of the land rights movement in the 1960s and 1970s, Māori activists focussed their efforts on Waitangi and Waitangi Day more than ever before. The government responded by denying access to the Treaty grounds, then retreating from Waitangi celebrations, and then eventually returning by the end of the decade. Waitangi as space became a pawn in a political contest, and its place in the national psyche moved with each action and counter-action.

7

Iorns, Catherine. "Treaty of Waitangi Principles Relevant to Adaptation to Coastal Hazards from Sea-Level Rise." Victoria University of Wellington Law Review 53, no. 4 (January 31, 2023): 563–610. http://dx.doi.org/10.26686/vuwlr.v53i4.8091.

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This article addresses some duties that arise under Te Tiriti o Waitangi/the Treaty of Waitangi that are commonly referred to as "Treaty principles", and applies them to the new issue of protection of Māori interests in the face of coastal hazards associated with sea-level rise. It summarises the Māori interests likely to be affected by sea-level rise and related coastal hazards, and some adaptation measures. It summarises existing information on Crown duties under the Treaty of Waitangi with some comment on their application to local authorities. This includes a summary of the Treaty duties of the Crown (held by central government) and an explanation of how they are enforced. It outlines the Waitangi Tribunal decision on the MV Rena as an illustration of duties relevant to the handling of a disaster that damaged the coastal environment. It then discusses climate adaptation initiatives in the light of Treaty obligations, suggesting what Treaty principles might require of decision-makers and decision-making on climate adaptation measures under current law. While the focus of this article is limited to what existing law on the Treaty principles might require of government, it also briefly addresses recent developments that might expand legal obligations in the future. While this article stems from a project addressing adaptation to coastal hazards from sea-level rise, these findings and principles will be relevant to all climate adaptation decision-making, such as in relation to handling future floods and droughts.

8

Andrew, Jessica. "Administrative Review of the Treaty of Waitangi Settlement Process." Victoria University of Wellington Law Review 39, no. 2 (September 1, 2008): 225. http://dx.doi.org/10.26686/vuwlr.v39i2.5460.

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This paper looks at administrative review of the negotiation and settlement process for Treaty of Waitangi historical claims. The foundation is an analysis of the current treatment of these claims within the political arena, the Waitangi Tribunal and the courts. This includes a detailed analysis of the effectiveness of political and Waitangi Tribunal responses, and a hard look at the validity of the courts' continued stance that Treaty settlement cases are non-justiciable.Due to the non-binding nature of its recommendations, the effectiveness of the Waitangi Tribunal depends largely on the existence of political buy-in from the Executive and political branches of government. Analysis of the evidence illustrates that this buy-in is lacking. Despite the intensity of Waitangi Tribunal scrutiny in this area, very few meaningful outcomes are being achieved. Finally, the discussion of the courts' response to Treaty settlement claims looks closely at the concept of non-justiciability and the courts' continued application of broad precedents without meaningful analysis. This paper argues that a thorough understanding of the cases brought before the courts illuminates differences between those precedents being applied and the cases now being heard. Declaring a case non-justiciable has serious consequences and should not be done lightly.

9

London, Jonathan. "THE TREATY OF WAITANGI - ITS PRESERVATION." AICCM Bulletin 20, no. 1 (December 1994): 25–31. http://dx.doi.org/10.1179/bac.1994.20.1.004.

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10

Winter, Stephen. "Book Review: Treaty of Waitangi Settlements." Political Science 66, no. 1 (June 2014): 84–85. http://dx.doi.org/10.1177/0032318714531536.

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11

Wilson, Helen. "Broadcasting and the Treaty of Waitangi." Media Information Australia 67, no. 1 (February 1993): 92–99. http://dx.doi.org/10.1177/1329878x9306700112.

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12

Opie, Joss. "The Treaty of Waitangi and the Control of Language by R Dawson." Victoria University of Wellington Law Review 32, no. 4 (December 3, 2001): 1097. http://dx.doi.org/10.26686/vuwlr.v32i4.5861.

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Richard Dawson The Treaty of Waitangi and the Control of Language (Institute of Policy Studies, Wellington, 2001). Paperback, 255 pages, $NZ29. This article is a book review of Richard Dawson's The Treaty of Waitangi and the Control of Language. In his book, Dawson argued that there was a Crown monopoly over the language of the Treaty. Therefore, Dawson called for a balanced dialogue between the Crown and Māori. However, Opie argues that such a binary description of power is problematic and instead adopts Michel Foucault's bottom-up description of power which allows for a more nuanced view of the respective identities of the Crown and Māori.

13

Franklin, Margaret Ann. "Maori Politics and the Treaty of Waitangi." Australian Quarterly 61, no. 2 (1989): 292. http://dx.doi.org/10.2307/20635537.

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14

Stokes, Evelyn. "The treaty of Waitangi and the Waitangi tribunal: Maori claims in New Zealand." Applied Geography 12, no. 2 (April 1992): 176–91. http://dx.doi.org/10.1016/0143-6228(92)90006-9.

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15

Bennett, Mark, and Nicole Roughan. "Rebus Sic Stantibus and the Treaty of Waitangi?" Victoria University of Wellington Law Review 37, no. 4 (November 1, 2006): 505. http://dx.doi.org/10.26686/vuwlr.v37i4.5582.

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The question of the continuing significance of the Treaty of Waitangi is one to which neither legal practice nor scholarship has offered a definitive answer. The question is often regarded as less legal than political; a question of intercultural justice to be contested in the political realm. From within the law, however, the suggestion that the Treaty ought to be reassessed in light of modern circumstances was revived in 2005 when Jeremy Waldron, then University Professor at Columbia University, offered the international law doctrine of rebus sic stantibus as a possible tool for analysis. This article responds to Professor Waldron's suggestion that the Treaty might be considered overridden by a fundamental change in political circumstances. It first argues that the structuring logic which Professor Waldron advocates is a misreading of the "signpost" which international law offers towards the role of treaties in problems of intercultural justice. The article then presents a comparative assessment of United States practice relating to treaties, before examining tikanga Māori to consider how its core values might offer guidance on the continuing relevance of the Treaty. Finally, the article looks to contributions from political philosophy relating to the political morality of Treaty-based intercultural justice.

16

DOMINY, MICHÈLE D. "Waitangi: Māori and Pākehā Perspectives of the Treaty of Waitangi. I. H. KAWHARU, ed." American Ethnologist 20, no. 1 (February 1993): 206–7. http://dx.doi.org/10.1525/ae.1993.20.1.02a00260.

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17

Boast, Richard. "Treaties Nobody Counted On." Victoria University of Wellington Law Review 42, no. 4 (October 3, 2011): 653. http://dx.doi.org/10.26686/vuwlr.v42i4.5114.

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This article is based on the author's inaugural professorial lecture delivered at Victoria University of Wellington in March 2011. The author's subject is treaties and treaty-like agreements, entered into between the New Zealand government and Māori after the Treaty of Waitangi.

18

Herd, Ruth Ann. "WAI 1909 – The Waitangi Tribunal Gambling Claim." Critical Gambling Studies 2, no. 2 (September 28, 2021): 141–50. http://dx.doi.org/10.29173/cgs91.

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In 2008, I lodged a claim with the Waitangi Tribunal in regard to problem gambling and its negative impacts on Māori people. The Tribunal is tasked with hearing grievances related to Te Tiriti o Waitangi (The Treaty of Waitangi) signed in 1840 between Māori and the British Crown. It is a historical claim focused on the lack of adequate protection of taiohi Māori (young people of Māori descent) and the intergenerational harm caused by problem gambling among their whānau, hapū, iwi (extended families and relatives) and urban Māori communities. However, this begs the question how can a Treaty claim improve the health outcomes of a generation of taiohi Māori who have been exposed to commercial gambling and its aggressive and targeted expansion and marketing? This paper frames the WAI-1909 claim as a Kaupapa Māori (Māori research approach) derived from the research of three wahine toa (warrior women) supporting the claim; and refers to epistemological standpoints of Māori women working in the gambling research space. I demonstrate how the gambling claim challenges the New Zealand government to honour the promises in the articles of Te Tiriti o Waitangi and to protect the rights of its citizens, especially taiohi Māori. The WAI-1909 gambling claim concludes that whilst the New Zealand Gambling Act (2003) includes a public health approach to problem gambling, it has not adequately addressed the rights of tangata whenua (Māori, the first people of Aotearoa/New Zealand) under Te Tiriti o Waitangi.

19

Czerwińska, Anna. "Between Anzac Day and Waitangi Day." Studia Anglica Posnaniensia 52, no. 4 (December 20, 2017): 427–38. http://dx.doi.org/10.1515/stap-2017-0019.

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Abstract This paper discusses the historical background and significance of the two most important national holidays in New Zealand: Waitangi Day and Anzac Day. Waitangi Day is celebrated on the 6th February and it commemorates the signing of the Treaty of Waitangi between British representatives and a number of Māori chiefs in 1840. Following the signing of the treaty New Zealand became effectively a British colony. Anzac Day is celebrated on 25th April, i.e., on the anniversary of the landing of soldiers of the Australian and New Zealand Army Corps (ANZAC) on the Gallipoli peninsula in Turkey in 1915, during World War One. There are three major differences between these two holidays: the process of those days becoming national holidays, the level of contestation, and the changing messages they have carried. The present study analyzes the national discourse around Anzac Day and Waitangi Day in New Zealand, and attempts to reveal how the official New Zealand government rhetoric about national unity becomes deconstructed. The following analysis is based on a selection of online articles from the New Zealand Herald and Stuff published in Auckland and Wellington, respectively. Both cities are populated by multi-ethnic groups, with Auckland featuring the largest Māori population.

20

Boast, Richard P. "The Waitangi Tribunal in the Context of New Zealand’s Political Culture and Historiography." Journal of the History of International Law 18, no. 2-3 (April 13, 2016): 339–61. http://dx.doi.org/10.1163/15718050-12340062.

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One of the most elaborate systems of investigation into any nation’s colonial past is New Zealand’s Waitangi Tribunal, first set up in 1975, and which has now issued over 100 major reports on all aspects of the history of Maori interaction with the colonial state. The Waitangi Tribunal also exemplifies some particular features of the legal history of the Treaty of Waitangi, which in New Zealand has become seen as semi-constitutional text which forms an internal standard for legal investigations and for negotiation of redress. Current developments in New Zealand are highly consistent with long-established state practice, where relationships between the state and Maori have always been a matter of legal and political importance. Although the Waitangi Tribunal has some features in common with truth commissions in other countries, in many ways it is quite different from them.

21

McAllister, Patrick. "Waitangi Day: An Annual Enactment of the Treaty?" Sites: a journal of social anthropology and cultural studies 4, no. 2 (2007): 155–80. http://dx.doi.org/10.11157/sites-vol4iss2id78.

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22

Morrow, Daniel. "The English Text of the Treaty of Waitangi." Australian Historical Studies 54, no. 1 (January 2, 2023): 175–76. http://dx.doi.org/10.1080/1031461x.2023.2153971.

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23

McCarthy, Christine. ""a massive colonial experiment": New Zealand architecture in the 1840s." Architectural History Aotearoa 11 (October 1, 2014): 1–10. http://dx.doi.org/10.26686/aha.v11i.7410.

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It is more than obvious to say that the signing of the Treaty was the big event of the 1840s. The initial Treaty signing at Waitangi on 6 February 1840 by Lieutenant-Governor William Hobson, representing the British Crown, and "about 45 Maori chiefs" has become a defining moment in New Zealand's history, but, as Smith notes, [o]nly recently has the Treaty of Waitangi become central to national life ... Hastily devised at the time, the treaty sheets have become a national monument: they mean different things to different groups but have had an evolving official interpretation placed upon them. The Treaty "is the basis of the Crown's authority and legitimised European settlement in New Zealand," but important differences between the English version and the Māori version (which most Māori signed) include differences in the translations of article one (the cession of sovereignty vs "te kāwanatanga katoa" (governorship)), and silence in the te reo Māori text "on the Crown right of pre-emption. It promised the Queen "hokonga" - the buying and selling of land that Maori were willing to part with - but not exclusively, nor even as the highest priority.

24

Mutu. "The Treaty Claims Settlement Process in New Zealand and its Impact on Māori." Land 8, no. 10 (October 15, 2019): 152. http://dx.doi.org/10.3390/land8100152.

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This article considers research conducted on the impact of the Crown’s treaty claims settlement policy on Māori in New Zealand. It provides a brief background to the Treaty of Waitangi and the subsequent British colonisation process that relied on the Doctrine of Discovery in breach of the treaty. It outlines how colonisation dispossessed Māori of 95 percent of their lands and resources, usurped Māori power and authority and left them in a state of poverty, deprivation and marginalisation while procuring considerable wealth, prosperity and privilege for British settlers. The work of the Waitangi Tribunal, the commission of inquiry set up to investigate those breaches, is considered, as is the Crown’s reaction to the 1987 Lands case in developing its treaty claims settlement policy. The Crown unilaterally imposed the policy despite vehement opposition from Māori. Since 1992, it has legislated more than seventy ‘settlements’. The research shows that overall, the process has traumatised claimants, divided their communities, and returned on average less than one percent of their stolen lands. Proposals for constitutional transformation have drawn widespread support from Māori as a solution to British colonisation. United Nations treaty-monitoring bodies have recommended that the government discuss this with Māori.

25

Hastings, W. K. "New Zealand Treaty Practice with Particular Reference to the Treaty of Waitangi." International and Comparative Law Quarterly 38, no. 3 (July 1989): 668–82. http://dx.doi.org/10.1093/iclqaj/38.3.668.

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26

Avtonomov, Alexei. "New Zealand Constitution: a fusion of legislative acts, case law (stare decisis), customs (conventions) and treaties." Sravnitel noe konstitucionnoe obozrenie 29, no. 5 (2020): 26–38. http://dx.doi.org/10.21128/1812-7126-2020-5-26-38.

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The article examines the genesis of the Constitution of New Zealand, the formation of its constituent parts and the main sources of constitutional law; it generally profiles the Constitution. The article shows the mutual influence and interweaving of the components of the unconsolidated Constitution of New Zealand in contemporary conditions. In particular, the constitutional provisions presented in the Treaty of Waitangi are examined, and attention is focused on the contemporary problems of its current interpretation and application, although the historical context of its drafting and conclusion is shown. The article deals with the interpretation of some basic constitutional terms when using different official languages of New Zealand, first of all Maori and English tongues. In this regard, one of the urgent issues, which are being discussed quite widely in New Zealand, is the discrepancies found in the wording of fundamental constitutional provisions in the official texts of the Treaty of Waitangi in these two languages. The article examines a number of court decisions containing constitutionally significant precedents (stare decisis), including those on the application of the Treaty of Waitangi. The article shows how, as a result of the judicial complex interpretation of the Treaty of Waitangi and the legislation, the principles of the said Treaty have been developed. The article provides a general characterization of the laws and other regulatory legal acts that together form part of the unconsolidated Constitution of New Zealand. Special attention is paid to the 1986 Act of Constitution because of the importance of the constitutional issues regulated by this statute. The development of constitutional provisions in the 1986 Act of Constitution in comparison with the previous 1852 Act of Constitution is presented. At the same time, the laws, which are considered in New Zealand as an integral part of the Constitution, are summarized. The place and role of the laws of the United Kingdom of Great Britain and Northern Ireland in the modern Constitution of New Zealand are determined. Along with this, other regulatory legal acts that form part of the Constitution are being investigated, in particular, the Letters Patent and the Cabinet Manual. The article also presents New Zealand customs, which have constitutional significance, including conventional norms, and the peculiarities of their application.

27

Ruru, Jacinta, and Jacobi Kohu-Morris. "‘Maranga Ake Ai’ The Heroics of Constitutionalising Te Tiriti O Waitangi/The Treaty of Waitangi in Aotearoa New Zealand." Federal Law Review 48, no. 4 (October 5, 2020): 556–69. http://dx.doi.org/10.1177/0067205x20955105.

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In 1840, some of the sovereign nations of Māori signed te Tiriti o Waitangi (the Māori language version of the Treaty of Waitangi) with the British Crown. Hone Heke was the first Māori leader of the northern nation of Ngāpuhi to sign, but by 1844 he was leading a significant revolt against British colonialism in Aotearoa New Zealand by chopping down British flagpoles erected on his lands. While Māori may have initially welcomed the intent of te Tiriti as a means for seeking British help to protect their international borders, the British prioritised the English version of the Treaty which recorded the transfer of sovereignty from Māori to the British. As the British transposed their dominant legal traditions of governance, including bringing to the fore their doctrine of parliamentary supremacy, Māori have been seeking their survival ever since. We extend this by focusing on why the doctrine of parliamentary sovereignty needs to adapt to the Treaty’s promise of bicultural power sharing.

28

Angelo, AH. "Personality and Legal Culture." Victoria University of Wellington Law Review 26, no. 2 (May 1, 1996): 395. http://dx.doi.org/10.26686/vuwlr.v26i2.6174.

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The interaction of Maori law and the European based state law of New Zealand has given rise to much discussion and political debate. The contemporary focus has been primarily on the Treaty of Waitangi and the work of the Waitangi Tribunal. Public interest has been attracted by the property aspects of Treaty claims and by their justness, but there has been less public interest in the Maori cultural aspects of claims. In particular, the cultural importance of some claims has been masked by concerns about the resource value involved. This article seeks to redirect attention to an aspect of the Maori cultural meaning involved where claims concern taonga, and it suggests further that coherence of claims settlements may in some cases be advanced by reference to the concept of personality.

29

O'Sullivan, Dominic. "The Treaty of Waitangi in Contemporary New Zealand Politics." Australian Journal of Political Science 43, no. 2 (June 2008): 317–31. http://dx.doi.org/10.1080/10361140802035804.

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30

Tawhai, Veronica M. H., and Katarina Gray-Sharp. "‘Always speaking’ – The Treaty of Waitangi and public policy." Aotearoa New Zealand Social Work 28, no. 2 (August 18, 2016): 96. http://dx.doi.org/10.11157/anzswj-vol28iss2id230.

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31

Hudson, Maui L., and Khyla Russell. "The Treaty of Waitangi and Research Ethics in Aotearoa." Journal of Bioethical Inquiry 6, no. 1 (November 27, 2008): 61–68. http://dx.doi.org/10.1007/s11673-008-9127-0.

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32

O’Sullivan, Dominic, Heather Came, Tim McCreanor, and Jacquie Kidd. "A critical review of the Cabinet Circular on Te Tiriti o Waitangi and the Treaty of Waitangi advice to ministers." Ethnicities 21, no. 6 (December 2021): 1093–112. http://dx.doi.org/10.1177/14687968211047902.

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The New Zealand state developed from a treaty between the British Crown and hapū (sub-tribes) in 1840. The te Reo (Māori language) text and the English version of the agreement are fundamentally different. Breaches of this treaty and tension over how the political relationship between Māori and the Crown should proceed are ongoing. In 2019, the Cabinet Office issued a Circular instructing bureaucratic advisers of the questions they should address when providing advice to ministers on the agreement’s contemporary application. In this article, we use Critical Tiriti Analysis (CTA) – an analytical framework applied to public policies – to suggest additional and alternative questions to inform bureaucratic advice. The article defines CTA in detail and shows how using it in this way could protect Māori rights to tino rangatiratanga (a sovereignty and authority that is not subservient to others) and substantive engagement, as citizens, in the formation of public policy. This article’s central argument is that the Circular reflects an important evolution in government policy thought. However, in showing how the Circular privileges the English version (the Treaty of Waitangi) over the Māori text (Te Tiriti o Waitangi), the article demonstrates how Māori political authority remains subservient to the Crown in ways that Te Tiriti did not intend. We show through the conceptual illustration of the care and protection of Māori children, despite the significant evolution in government thought that it represents, these rights are not fully protected by the Circular. This is significant because it was Te Tiriti, with its protection of extant Māori authority and sovereignty, that was signed by all but 39 of the more than 500 chiefs who agreed to the British Crown establishing government over their own people, but who did not agree to the colonial relationship which may be read into the English version.

33

Potaka, Tama. "A Treaty for Local Governments." Victoria University of Wellington Law Review 29, no. 1 (January 1, 1999): 111. http://dx.doi.org/10.26686/vuwlr.v29i1.6046.

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There is a vast literature on the Treaty of Waitangi. However, a large number of constitutional issues such as who owes Treaty obligations and the nature and extent of these obligations are not clear. Instead, such issues are often obscured by the media sensationalising Treaty settlement processes, Maori fisheries, and Pakeha political assumptions about what Maori want. Amidst talk of fish, cash settlements and development, little Treaty jurisprudential thinking addresses the complex legal, cultural and economic issues surrounding local government and MÃ¡ori. It is the purpose of this article to expand Treaty jurisprudential thinking in the area of local government, and to advocate a direction for local government Treaty obligations.

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Upston-Hooper, K. "Slaying the Leviathan: Critical Jurisprudence and The Treaty of Waitangi." Victoria University of Wellington Law Review 28, no. 4 (August 3, 1998): 683. http://dx.doi.org/10.26686/vuwlr.v28i4.6053.

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This article considers the perspectives of four contributors to the current discourse on the Treaty of Waitangi: Professor Jane Kelsey, Dr Paul McHugh, Professor F M Brookfield and Moana Jackson. The jurisprudential underpinnings of each authors arguments are examined. The article focuses on the degree to which two new forms of jurisprudential thought, Critical Legal Studies and Critical Race Theory, have informed the Treaty discourse. The article concludes that, although such critical jurisprudence has yet to permeate New Zealand jurisprudence in any meaningful way, Critical Race Theory could help transform post-settler legal thinking. This article was awarded the Quentin-Baxter LLM prize in Public and International Law in 1997.

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Orsman, Jessica. "The Treaty of Waitangi as an Exercise of Māori Constituent Power." Victoria University of Wellington Law Review 43, no. 2 (July 2, 2012): 345. http://dx.doi.org/10.26686/vuwlr.v43i2.5037.

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This article analyses the Treaty of Waitangi in light of Carl Schmitt's concept of constituent power – the idea that in a democracy the people hold the power to make fundamental political decisions to determine their form of political existence. It finds that in 1840, Māori, as the holders of constituent power, made a fundamental political decision to share authority between themselves and the Crown. This fundamental political decision is a key element of the New Zealand constitution; limiting potential constitutional changes that would override the substance of the decision, and requiring changes to the current legal framework in order to comply with the decision to share authority. This article focuses solely on the conservative implications of characterising the Treaty as a fundamental political decision. It concludes that only a further exercise of constituent power by Māori can legitimately override or significantly change the fundamental political decision in the Treaty.

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Holster, Bonnie, and Matthew Castle. "Between Innovation and Precedent the Treaty of Waitangi exception clause in Aotearoa New Zealand’s free trade agreements." Policy Quarterly 18, no. 4 (November 6, 2022): 26–32. http://dx.doi.org/10.26686/pq.v18i4.8014.

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New Zealand includes a Treaty of Waitangi exception clause in all its free trade agreements. The clause aims to protect Māori interests arising from the government’s Treaty of Waitangi obligations. But despite changes to New Zealand’s trade agreements, an evolving relationship between the New Zealand government and Māori, and debate over the adequacy of the clause, the exception clause has remained unchanged for 20 years. We suggest that the reproduction the same text helps New Zealand negotiators to credibly argue that inclusion of the clause is required for domestic political reasons. Yet this textual stability also hinders innovation. At the international level, FTA partners might balk at any widening of policy discretion afforded by a revised clause. At the domestic level, revising the clause would require difficult debate over the extent of appropriate protections for Māori in New Zealand’s trade agreements. As calls to change the exception clause grow, New Zealand trade policymakers will need to carefully balance innovation and precedent.

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Scheele, Sue. "Safeguarding seeds and Maori intellectual property through partnership." International Journal of Rural Law and Policy, no. 2 (April 4, 2016): 1–9. http://dx.doi.org/10.5130/ijrlp.i2.2015.4628.

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The Nagoya Protocol is a recent binding international instrument that articulates the need to recognise the rights of indigenous peoples regarding their biological resources and cultural knowledge and strengthens the mechanisms to do so. New Zealand has not signed this protocol because of the overriding importance of the Treaty of Waitangi in New Zealand’s domestic affairs, and the need to ensure that government options are not limited concerning the development of domestic policy on access to biological resources. In particular, policy makers and legislators are waiting for the government response to a 2011 Waitangi Tribunal report (Ko Aotearoa Tēnei) on a far-reaching and complex claim (WAI 262) concerning the place of Māori traditional knowledge, culture and identity in contemporary New Zealand law and government policies and practice. Especially pertinent to this paper is the report’s section on Māori rights relating to biological and genetic resources. In accordance with the recommendation within Ko Aotearoa Tēnei, the principle of partnership, built on the explicit Treaty premise of Crown and Māori as formal equals, is presented here as the overarching framework and mechanism by which government agencies and Māori can work together to safeguard such resources. Core concepts and values are elucidated that underpin the Māori relationship to indigenous flora and fauna and are integral to the protection of cultural knowledge of seeds and plants. Examples are given of plant species regarded as taonga (treasures) and how they are conserved, and a case study is presented of institutional stewardship of harakeke (New Zealand flax) weaving varieties. Seed bank facilities are also evaluated regarding their incorporation of Māori values and rights under the Treaty of Waitangi.

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Bennion, Tom. "Treaty-Making in the Pacific in the Nineteenth Century and the Treaty of Waitangi." Victoria University of Wellington Law Review 35, no. 1 (April 1, 2004): 165. http://dx.doi.org/10.26686/vuwlr.v35i1.5631.

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This paper discusses the history of treaty-making between Pacific island nations and European powers during the nineteenth century in order to assess the validity of the Treaty of Waitangi at international law. The author also draws some brief comparisons with treaty-making in Africa. The particular focus of the paper is an assessment of how the colonial powers would have viewed a document such as the Treaty. The conclusion of the paper is that the signatories would have presumed that the Treaty would have serious effect, and would be binding in international law.Editor’s note: This paper was originally written in 1987 as part of the Administrative Law LLM course at Victoria University of Wellington. After it was recently cited with approval in Sir Kenneth Keith's article "Public Law in New Zealand" (2003) 1 New Zealand Journal of Public and International Law 3, it transpired that access to the paper was very limited. Despite its age, and the fact that much scholarship has been done in the intervening time, on the Treaty in particular, the material is still of considerable interest. Some changes have been made to the original text to cater for the passage of time.

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Hickford, Mark. "John Salmond and Native Title in New Zealand: Developing a Crown Theory on the Treaty of Waitangi, 1910-1920." Victoria University of Wellington Law Review 38, no. 4 (March 1, 2008): 853. http://dx.doi.org/10.26686/vuwlr.v38i4.5545.

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This extended essay argues for a new approach towards the writing of constitutional histories of the Crown within New Zealand. It looks specifically at the conceptions of the relationship between the Treaty of Waitangi, the common law and customary interests that the Crown and its legal advisors actually employed in internal deliberation and external positioning. In looking at the processes for articulating the Crown's preferred legal position during John Salmond's tenure as Solicitor-General, this article notes the overwhelming prevalence of statute and Treaty-based conceptions in law (as well as areas of historical change and discontinuity). Common law approaches emerged in the later twentieth century through newly minted theories or doctrines of aboriginal title but were never regarded as distinct options by the historical actors themselves. The concern of this article is with how those actors – most notably Salmond – conceived, acted upon and adapted their perception of the Crown's constitutional obligations to Māori. In mapping the course of a Crown legal "register" or way of speaking about native title and the Treaty of Waitangi, the essay aims to reveal the rich and contested nuances of the approaches assumed by the legal advisors to the Crown on the question of the Treaty from 1910 until 1920 and its relevance to a governmental outlook on customary property.

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Ward, Alan. "The treaty of Waitangi in New Zealand law and politics." Journal de la Société des océanistes 92, no. 1 (1991): 89–96. http://dx.doi.org/10.3406/jso.1991.2899.

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Toki, Valmaine. "The Treaty of Waitangi in New Zealand’s law and constitution." Commonwealth Law Bulletin 36, no. 2 (June 2010): 398–400. http://dx.doi.org/10.1080/03050718.2010.481413.

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Simpson, Tony. "Colenso’s Scruple: The Missionary Response to the Treaty of Waitangi." Political Science 44, no. 2 (December 1992): 24–41. http://dx.doi.org/10.1177/003231879204400202.

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Goldsmith, Michael. "Translated Identities: 'Pakeha' As Subjects of the Treaty of Waitangi." Sites: a journal of social anthropology and cultural studies 2, no. 2 (2005): 64–82. http://dx.doi.org/10.11157/sites-vol2iss2id64.

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Stephens, Māmari. "Kaumātua, Leadership and the Treaty of Waitangi Claims Settlement Process; Some Data and Observations." Victoria University of Wellington Law Review 33, no. 2 (September 2, 2002): 321. http://dx.doi.org/10.26686/vuwlr.v33i2.5842.

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This article presents the results of a survey dealing with the role of Kaumätua in Treaty of Waitangi Claims. The author raises a number of concerns – most importantly whether enough olderMäori feel confident or knowledgeable enough to contribute to the process. The survey also revealsthat tensions exist from the exclusion of younger Maori from the process.

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Joseph, Philip A. "The Treaty of Waitangi: A Text for the Performance of Nation." Oxford University Commonwealth Law Journal 4, no. 1 (January 2004): 1–23. http://dx.doi.org/10.1080/14729342.2004.11421434.

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Boast, Richard. "Recognising Multi-textualism: Rethinking New Zealand's Legal History." Victoria University of Wellington Law Review 37, no. 4 (July 18, 2019): 547582. http://dx.doi.org/10.26686/vuwlr.v37i4.5583.

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In this article the author discusses various written agreements that the New Zealand government has entered into with Māori since the signing of the Treaty of Waitangi in 1840. It is argued that the legal history of New Zealand is more "multi-textual", and more like Canada, the United States, and Argentina than is often thought. It is argued also that the process of agreement-making has been a continuously evolving one and at the present day is more important than ever. The article distinguishes between various types of Crown-Māori agreements and explores which of them are more Treaty-like than others.

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Ćwikliński, Konrad. "Społeczeństwo obywatelskie w Nowej Zelandii według: International Comparative non-profit research programme." Cywilizacja i Polityka 14, no. 14 (October 30, 2016): 99–107. http://dx.doi.org/10.5604/01.3001.0010.0243.

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Basic information about history of shaping civil society institution in New Zealand based on International Comparative non-profit research programme, Center for Civil Society Studies at Johns Hopkins University, Baltimore. New Zealand during the colonial period was formed by regulating the social, legal and political from the British legislation,and signing of the Treaty of Waitangi, which gave basis for shaping the social and institutional order.

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Salmond, Anne. "Where Will the Bellbird Sing? Te Tiriti o Waitangi and ‘Race’." Policy Quarterly 18, no. 4 (November 6, 2022): 3–25. http://dx.doi.org/10.26686/pq.v18i4.8019.

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This article investigates deep philosophical differences between the complex relational networks that underpin te Tiriti o Waitangi as originally written, debated and signed by the rangatira of various hapū and British officials in New Zealand in 1840, and the canonical re-framing of the Treaty as a binary ‘partnership between races’, or ‘between the Crown and the Maori race’, in the 1987 ‘Lands’ case judgment by the Court of Appeal, at the height of the neo-liberal revolution in New Zealand.After exploring comparative analyses of the colonial origins and uses of the idea of ‘race’, and the risks associated with binary framings of citizenship by race, ethnicity or religion in contemporary nation states, the article asks whether relational thinking and institutions – including tikanga and marae – might not offer more promising ways of understanding and honouring te Tiriti o Waitangi, and fostering cross-cultural experiments in Aotearoa New Zealand.

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Chrystall, Andrew Brian. "Making Sense of Indigenous ⬄ Colonial Encounters: New Zealand’s Treaty of Waitangi in a Digital Age." Laws 10, no. 2 (June 4, 2021): 45. http://dx.doi.org/10.3390/laws10020045.

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This article explores how we interpret, write history, and make sense in a digital age. The study takes place at the intersection of three disciplines: Media and Communication Studies, Postcolonial Theory, and Law. This exploration is conducted in and through an examination of attempts to make sense of “official,” “legal” documents” that emerged out of indigenous ⬄ colonial encounters during the 19th century in New Zealand. Subsequently, this paper focuses on McKenzie’s seminal study of the New Zealand’s Treaty of Waitangi/Te Tiriti o Waitangi, and Jones and Hoskins’ study of The Second New Zealand Land Deed. These two studies are then interfaced with and considered in light of a recent governmental review of New Zealand’s ICT sector, infrastructure and markets. Here, the focus is on Regulating communications for the future: Review of the Telecommunications Act 2001, and the Telecommunications (New Regulatory Framework) Amendment Bill. This article finds that in a digital age—a world of deep fakes and total manipulability of mediated or recorded space—the hermeneut is required to enter and negotiate a (constrained) creative relationship: as an artisan, architect, or artist, with an interpretative context and/or medium.

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Hill, Richard S. "The Treaty of Waitangi Companion: Maori and Pakeha from Tasman to Today." Ethnohistory 58, no. 4 (2011): 741–43. http://dx.doi.org/10.1215/00141801-1333760.

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