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Aotahi 123 Notes

Law Notes > Legal Foundations (LAWS110) Notes

This is an extract of our Aotahi 123 document, which we sell as part of our Legal Foundations (LAWS110) Notes collection written by the top tier of University Of Canterbury, Christchurch students.

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Aotahi 7 May
Laws110

Where could the Treaty be heading?
Overview

Treaty Settlements
Constitutional Change

Future of the Treaty of Waitangi
Redefining the nature of the treaty partnership
Constitutional change- answer not simple- complexities of constitutional reflection of treaty

Treaty Settlements
Why have them?
A process of redress for historical takings of land. (not compensation- has legal meaning about providing recompense) come to relative value of settlements
About the principles of redress
Principles of the treaty of Waitangi
Principle of redress- principle based that the government should act honorably and if it does not do that it should do something to make up for it. Restore governments honour
Government- our highest authority should act to higher moral standards, it is about what treaty settlements are for, restoring honour
Tiritoanga -
Settlements don't restore authority to hapu
Restore resources, give financial interdependence
If you want to make aspirations real, you have to find a way to pay for it. Economic interdependence, aspire and make things real, restore the honour of crown and restore some degree of the ability to restore tino rangitiratanga.
What is in them?
Don't restore political authority
- Apology
- Cultural redress
- Commercial redress Put into legislation… all treaty settlements have their own statute… Settlement Act…
Treaty Settlements have the force of law- put into statute
Parts of it create legal changes… helpful to understand what they are 3 main parts (listed above)
Apology- important!!
Short
People tend to undersell it
They have to acknowledge that they have done something wrong, an apology
 Build trust in the apology
 The whole purpose of the apology
 The Crown and the hapu agree on a specific set of words for the wrong committed,
crown apologies for that
Families connected to grievances processes
Outside this- TOW, taking of land, popped up
For whanau it is something that is living history, for 9 generations, significance of an apology, something you are living with every day
 Ngai Tahu- we talk about the Ngai Tahu claim for justice taking 7 generations
 Ngai Tahu advocacy for response of taking of Ngai Tahu land, mortage homes, put house at risk to pay for form of justice, Families missed life to go to tribal qui?
Impacted lives
- Like a tithe, pay for tribal pursuit of justice
- Families have lived with story of sacrifice for the collective good
- Different sense - impacts
- Layer of a way of doing things
- Is relevant today
- Shared expectations of the relationship with the government
- Nagi Tahu petitioned the government to seek recompense for taking of land,
enquiries so a review could be done whether taking was lawful and proper
- Tribal census- would be ready for recompense
- Each generation continued what is known as the Ngai Tahu claim
- Government continually said no
- Commissions of enquiry - answer to claims- no
- Climatized as a community to fight for a righteous claim- set of expectations
- Expectations about that human and their place in the world
- Apology in settlements
- First and only time- Crown acknowledged they did wrong
- Negotiators- crown- consequence of doing wrong
- Part of settlement process- crown turn up to the marae- prime minister read out the apology- powerful experience
- When

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