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Aotahi Notes

Law Notes > Legal Foundations (LAWS110) Notes

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Laws 110
How has the Treaty evolved in contemporary times?
Tino Rangatiratanga- authority and autonomy
Everyone has different interpretation of what it means
In essay you discuss the literal interpretation and explain the different views of how it has been described and defined
Commentary from cases and Waitangi tribunal
Courts and tribunals have said different things
Explain different views of what it means
Form your own view on what you think tino rangatiratanga
Then 2 contemporary challenges
What are the things that make the full expression of authority and autonomy difficult
You could say iwi Maori exercising full degree of authority over their own affairs is difficult because of
- One centralized parliamentary structure
- How to deal with authority and autonomy with the different demographics, Maori live everywhere, not like the states reservations. The institutional set up. Think about the practical challenges of expressing authority and autonomy.
- How broadly- high Maori incarceration rate- expression of tino rangatiratanga- how does it impact on the expression of authority.
- Practicality and people's views about it, can go into different debates- different political positions on the legitimacy and status of tino rangatirtanga- political side of the challenges.

The legal position
Colonial period- scope of Treaty of Waitangi read down… right of entitlement. Read down- make it smaller. Colonial jurisidiction narrow the legal power and effect of treaty of Waitangi
Contemporary- read up- make it more powerful in a legal sense.

Key decisions- read down
 Wi Parata v Bishop of Wellington- legal nullity
- Still law in NZ… Wi Parata remains relevant in contemporary jurisidiction.
Justice Prendegast- treaty not legal enforceable- cant take it into courts if legal decision not legally binded
- Could not make treaty legal- Maori not state so not legally binded

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