Someone recently bought our

students are currently browsing our notes.

X

Te Aotahi 2 May 2019 Notes

Law Notes > Legal Foundations (LAWS110) Notes

This is an extract of our Te Aotahi 2 May 2019 document, which we sell as part of our Legal Foundations (LAWS110) Notes collection written by the top tier of University Of Canterbury, Christchurch students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Legal Foundations (LAWS110) Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Te Aotahi
Laws110 2/May/2019

How do you understand the
Treaty?
Overview
What the Treaty said (x2)
What happened?
Where we are currently?
Tino Rangatiratanga- self determination
How land was treated following the treaty
Follow what happened to terms over the time.
What the Treaty said
Article 1- power
- Power- tino rangatiratanga, self determination
- The concept of power was translated different in the Maori and English version
- Settler community benefited more than Maori
- Some historians think translation issues were intentional, others say it was an accident.
- Focus on understanding the difference between the two different terms used in the concept of power
- A power sharing arrangement, concepts of power at the heart of our existence
- Concept of 1840 power is different
- Media- 21st- Maori lower income levels, lower education, sad, bad etc.
- Prior to 1840s different- 1840- majority of Maori owned all of the economic resources in NZ, greater literacy than early settlers/
- Power imbalance for benefit of Maori, numbers, resources, know-how, acquiring from the new knowledge in New Zealand, trade internationally, before treaty
Australia, Europe and south America. The relative strength and autonomy. We jump back to a time to when the settler community were reliant on Maori to survive.
- Settler community- starving, Maori provide substance
Pre-Treaty
Power- tino rangatiratanga, self-determination, sovereignty
What existed- self determination Sovereignty- makes a state a state, association with Queen and Empire building, essence of sovereignty no higher power to tell you what to do. Sovereignty in International Law. No other nation state can tell you what to do. Being sovereign, one government can't bind another government to do another thing, fully powerful, make decision about your life,
what is right and wrong. Make rules about anything cause you want toWhat existed- self-determination
Who governed what?
Under what authority?
What rules?
How did it work?

Systems of power that were localized.
Before the Treaty of Waitangi there was a political and legal system that governed the exercise of power. Concepts like centralized parliamentary powers. The localized hapu system. There were rules, who had rights to make decisions. Who could access land,
resources and things, who married who etc. governed relationships between people and place. This was a legal system put in place.
Notion of power is reversed
Westminster way of thinking, we expect power to be held by a top entity, right to send power down
Hapu- power at ground level, iwi gets permission from hapu to do things
There were preexisting presumptions- was a system of power and authority being exercised in New Zealand.
Article 2- what happened to land and things
Article 3- equality

Treaty
Maori version- Maori retain Tino rangatiratanga, was the equivalent to sovereignty - real authority, Maori thought they would have this.
Kawanatanga- governance- lesser thing- English crown would have governance
= sovereign - make your own future as you desire it to be.
English version- opposite to Maori version. British crown would gain sovereign powers.
What did it mean?
Well different views…
Who has political and legal authority?
It is about the Maori making decisions of their own future.

Buy the full version of these notes or essay plans and more in our Legal Foundations (LAWS110) Notes.