#16987 - Te Tiriti O Waitangi - Legal Foundations (LAWS110)

Laws110

Te Tiriti o Waitangi

5 April

Hapu-

+ get things wouldn’t have access

• The rush and translation was done after one night- issue

British crown

+ peaceful annexation- financially no loss of life.

• Another colony for an overstretch British Empire

British settlers

+ Societal norms

• Middle person in exchange with Maori, norms seen as a negative

Debate-

5^th

Treaty versions read out

Hobbson thought signing would be on 7^th, wouldn’t have time

Debate for Rangatira, that they would sign at the time

The Rangitira would sign due to their understanding of what they were signing.

Draft of the English text, Te Reo Maori is the treaty, the English one is the treaty. Williams wrote it wasn’t a direct translation, the missionaries knew that the treaties were different, different meanings for English and Maori one.

Protectorate status- protection for rangatira. Protect the rights of what they already had.

Kawanatanga- governship. Article 1- recognition, place for people here, government established

Treaty of protection

Rangatiratanga- means independence, sovereign term of rangatira in their areas, chiefs thought there would be a creation of a new nation, work together in partnership, Maori would maintain authority. Waitangi tribunal- Maori did not cede sovereignty. Said they would have the same rights as English.

Treaty of protection- protecting the rights of Maori.

What would English say?

That it was a document of cession.

It recognizes that Maori cede their sovereignty. Rights of British subjects.

What does it mean for us today?

Ongoing conflict- recognition, creation of nation state, Maori and English come together in partnership. British believed they had control, influence Maori life.

Recognizing in 2014 Waitangi Tribunal understand and conversation as a nation towards founding document. Ideas of partnership which emerges out of treaty. What it means moving forward today. Who would have what control today.

The use of laws on Maori in society today. Opportunity, come together and reassess the partnership.

Maori- complete government

Mana is missing from treaty, term Maori use to identify authority. Purposefully left out in Te Reo Maori version, British have governance (Te Kawantanga Katoa) not authority otherwise Maori would not have signed it

Waitangi Tribunal look at principles, from court cases came up with three main principles

Article 1- Partnership

Article 2- Protection

Article 3- Participation

Partnership

This was about coming together in a mutually beneficial way between Maori and the Crown.

• Fundamental exchange in the treaty

• Imposes on both partners to act in good faith and act reasonably towards each other.

The principle of protection

To protect the just rights and property of Maori

• Property and other rights

What are these just rights

• Rights exercised at 1840? Have them today, disagreement what rights… rangatiratanga. Land at time, thinks should be theirs

• Rights recognized at 1840 and exercised in modern ways?

• Modern rights not recognized at 1840

Tribunal have recognized Maori rights

Like Petroleum on land example

As rights are exercised in different ways, opportunities opened like 3G and 5G.

Crown- did you have the rights at the time? Without realizing that society has changed as a dominant culture

Argument- The treaty creates rights. Has not been held up by the Crown. Rights in one legal system that aren’t recognized in another

Water. John Key- no one owns the water. Maori own water?

Manawhenua- authority over space, water included in this. For Maori, water is guaranteed for them under the treaty

Clashing legal systems.

Debates over natural resources

Active protection- Crown duty- Maori maintain control over all they value

Article 3- equality article- do we have to be the same?

Specific courts that use Te Reo Maori.

Maori engage in it.

Treaty- guarantees specific rights for Maori, broader rights in maori version, a lot of tension. Ongoing debate!! Talking and understanding things.

Specific rights guaranteed for Maori.

Today- egalitarian- equality. Must recognize that Maori have different rights to pakeha.
Tangata Tirit= guarantee that these rights are upheld, talk to Crown and officials to support treaty partner

For the European settlers, the Treaty allowed them to emigrate peacefully to NZ under the British flag.

Follows a standard process, control moves from indigenous people to colonizing.

Treaty ignored until 1970s by Crown

Law changes, settlers come in power, imposes obligations on Maori. Land shifts into the hands of the government. Missionaries provide education for Maori in Te Reo Maori. Then all Maori made to learn in English. Till 1970s people beaten for speaking in Maori. Maori teachings ignored. Shift from Maori of ako (learn and teach- teachers are also learners) Shift in a way of obtaining knowledge.

Health and Family structures

Health- People shifted to land- poor health outcomes

Blaming of Maori through colonization

Family structure- move away from pa, support systems into city, disconnects

Culture itself passes from the indigenous people to the colonizers

Warrior gene

We are impacted by this, journey of understanding our own history

Wars- North

Colonisation- South

Deeds- Payments not paid, promise of mahangakai, access to schools and hospitals

Keemps Deed

500 pounds for north Canterbury

Breach of treaty, treat Maori unequally, Article 3

Colonisation by the pen- not sword

= 1841 Land Claims Ordinance

Breach of article 2
Maori had to be on land to hold it

Lost swamplands

1877 Wi Parata v Bishop of Wellingon-

no longer required for people to learn about Maori

People far away from Maori

Chief...