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The Treaty 4 April - Legal Foundations (LAWS110)

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Legal History

4 April

The Treaty of Waitangi

  • Partnership

  • Colonisation

Aims:

  • Relevant to all NZers- not just Maori

  • An understanding that the Treaty is relevant to contemporary New Zealand society

~ The treaty is a living document

  • With its own mana

  • An understanding that there were guarantees made and rights and responsibilities exchanged through the signing of the Treaty that must be upheld in a just and reasonable society.

NZ was not unified state, hapu (subtribes) geological power, lots of nations, concept of one people.

Pakeha- usually European descent. Nowadays it is applied to all NZers.

The treaty is something between Maori and Pakeha.

Mana= others give it to you, standing, recognising importance, mana of document

The Mihi Method

Maori indigenous health initiative – treat Maori patients
Maori methodologies of greeting

Mihi- greeting

Whakawhanaungatanga- connection

  • Genealogical (family, kids etc)

  • Place (town, mountain, area, sea, river…)

  • Life and experience (past education, work etc.)

Kaupapa (the reason for the interaction)

Poroporoaki (check for understanding, what will happen next, clear about next steps)

  • Founding document

  • Lack of understanding

  • Treaty settlements

  • Dissatisfaction from Maori

  • Tangata Tirti- people of the treaty, Early English settlers, gold miners, recent immigrants, all come through the treaty. New Zealander- here by right of treaty. obligation that the Crown upholds the rights, a place for all of us under the treaty.

  • Tangata Whenua- iwi, hapu, whanau

Hobbson, signed on behalf of Queen Victoria.

Could be called “the first immigration document” Maori let others come, if you come here, you must look after our rights.

How do we get back to partnership- both treaty partners have a say. Space of belonging...

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