Relevant bibliographies by topics / Treaty of Waitanga (1840)

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Academic literature on the topic 'Treaty of Waitanga (1840)'

Author: Grafiati
Published: 4 June 2021
Last updated: 8 February 2022

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Journal articles on the topic "Treaty of Waitanga (1840)"

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Ruru, Jacinta, and Jacobi Kohu-Morris. "‘Maranga Ake Ai’ The Heroics of Constitutionalising Te Tiriti O Waitangi/The Treaty of Waitangi in Aotearoa New Zealand." Federal Law Review 48, no. 4 (October 5, 2020): 556–69. http://dx.doi.org/10.1177/0067205x20955105.

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In 1840, some of the sovereign nations of Māori signed te Tiriti o Waitangi (the Māori language version of the Treaty of Waitangi) with the British Crown. Hone Heke was the first Māori leader of the northern nation of Ngāpuhi to sign, but by 1844 he was leading a significant revolt against British colonialism in Aotearoa New Zealand by chopping down British flagpoles erected on his lands. While Māori may have initially welcomed the intent of te Tiriti as a means for seeking British help to protect their international borders, the British prioritised the English version of the Treaty which recorded the transfer of sovereignty from Māori to the British. As the British transposed their dominant legal traditions of governance, including bringing to the fore their doctrine of parliamentary supremacy, Māori have been seeking their survival ever since. We extend this by focusing on why the doctrine of parliamentary sovereignty needs to adapt to the Treaty’s promise of bicultural power sharing.
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Waerea, Layne. "Social Injunctions and an Unsuccessful Attempt at Chasing Fog." Law, Culture and the Humanities 14, no. 2 (November 18, 2015): 300–316. http://dx.doi.org/10.1177/1743872115615501.

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This article examines how socio-legal performance in the public realm might operate to question, expose and exploit social and legal norms that can exist in the everyday. With the tactical deployment of humor – and a particular focus on how the Treaty of Waitangi (1840) may continue to operate as a cultural/political force in Aotearoa/New Zealand today – this article explores the contribution that socio-legal artistic performance might make to reveal the tensions, inherent in the 1840 agreement between British colonizers and Māori, as continuing to affect the very foundations of law in Aotearoa/New Zealand and its everyday contemporary articulations.
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Orsman, Jessica. "The Treaty of Waitangi as an Exercise of Māori Constituent Power." Victoria University of Wellington Law Review 43, no. 2 (July 2, 2012): 345. http://dx.doi.org/10.26686/vuwlr.v43i2.5037.

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This article analyses the Treaty of Waitangi in light of Carl Schmitt's concept of constituent power – the idea that in a democracy the people hold the power to make fundamental political decisions to determine their form of political existence. It finds that in 1840, Māori, as the holders of constituent power, made a fundamental political decision to share authority between themselves and the Crown. This fundamental political decision is a key element of the New Zealand constitution; limiting potential constitutional changes that would override the substance of the decision, and requiring changes to the current legal framework in order to comply with the decision to share authority. This article focuses solely on the conservative implications of characterising the Treaty as a fundamental political decision. It concludes that only a further exercise of constituent power by Māori can legitimately override or significantly change the fundamental political decision in the Treaty.
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Boast, Richard. "Recognising Multi-textualism: Rethinking New Zealand's Legal History." Victoria University of Wellington Law Review 37, no. 4 (July 18, 2019): 547582. http://dx.doi.org/10.26686/vuwlr.v37i4.5583.

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In this article the author discusses various written agreements that the New Zealand government has entered into with Māori since the signing of the Treaty of Waitangi in 1840. It is argued that the legal history of New Zealand is more "multi-textual", and more like Canada, the United States, and Argentina than is often thought. It is argued also that the process of agreement-making has been a continuously evolving one and at the present day is more important than ever. The article distinguishes between various types of Crown-Māori agreements and explores which of them are more Treaty-like than others.
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Baragwanath, David. "The Later Privy Council and a Distinctive New Zealand Jurisprudence: Curb or Spur?" Victoria University of Wellington Law Review 43, no. 1 (June 4, 2012): 147. http://dx.doi.org/10.26686/vuwlr.v43i1.5410.

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The Privy Council was New Zealand's final court from 1840 until 2004. Its influence was largely benign, correcting errors of principle and, both in the early days and very recently, affording protection to Māori. But despite important exceptions, its failure to fully acknowledge New Zealand's independent identity, seen most importantly in its refusal during five of its final six decades to acknowledge the true legal effect of the Treaty of Waitangi, delayed the evolution of a distinctive New Zealand jurisprudence.
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Tait, Myra J., and Kiera L. Ladner. "Economic Development through Treaty Reparations in New Zealand and Canada." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 33, no. 01 (April 2018): 61–83. http://dx.doi.org/10.1017/cls.2018.5.

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AbstractIn Canada, Treaty 1 First Nations brought a claim against the Crown for land debt owed to them since 1871. In 2004, Crown land in Winnipeg became available that, according to the terms of the settlement, should have been offered for purchase to Treaty 1 Nations. Similarly, in New Zealand, the Waikato-Tainui claim arose from historical Crown breaches of the 1840 Treaty of Waitangi. In 1995, a settlement was reached to address the unjust Crown confiscation of Tainui lands. Despite being intended to facilitate the return of traditional territory, compensate for Crown breaches of historic treaties, and indirectly provide opportunity for economic development, in both cases, settlement was met with legal and political challenges. Using a comparative legal analysis, this paper examines how the state continues to use its law-making power to undermine socio-economic development of Indigenous communities in Canada and New Zealand, thereby thwarting opportunity for Indigenous self-determination.
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Czerwińska, Anna. "Between Anzac Day and Waitangi Day." Studia Anglica Posnaniensia 52, no. 4 (December 20, 2017): 427–38. http://dx.doi.org/10.1515/stap-2017-0019.

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Abstract This paper discusses the historical background and significance of the two most important national holidays in New Zealand: Waitangi Day and Anzac Day. Waitangi Day is celebrated on the 6th February and it commemorates the signing of the Treaty of Waitangi between British representatives and a number of Māori chiefs in 1840. Following the signing of the treaty New Zealand became effectively a British colony. Anzac Day is celebrated on 25th April, i.e., on the anniversary of the landing of soldiers of the Australian and New Zealand Army Corps (ANZAC) on the Gallipoli peninsula in Turkey in 1915, during World War One. There are three major differences between these two holidays: the process of those days becoming national holidays, the level of contestation, and the changing messages they have carried. The present study analyzes the national discourse around Anzac Day and Waitangi Day in New Zealand, and attempts to reveal how the official New Zealand government rhetoric about national unity becomes deconstructed. The following analysis is based on a selection of online articles from the New Zealand Herald and Stuff published in Auckland and Wellington, respectively. Both cities are populated by multi-ethnic groups, with Auckland featuring the largest Māori population.
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Joyce, Peter R. "Focus on psychiatry in New Zealand." British Journal of Psychiatry 180, no. 5 (May 2002): 468–70. http://dx.doi.org/10.1192/bjp.180.5.468.

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New Zealand has been inhabited by the indigenous Maori people for more than 1000 years. The first European (Pakeha) to see the country, in 1642, was the Dutch explorer Abel Tasman. But the English explorer James Cook, who landed there in 1769, was responsible for New Zealand becoming part of the British Empire and, later, the British Commonwealth. In 1840 the Treaty of Waitangi was signed between Maori leaders and Lieutenant-Governor Hobson on behalf of the British Government. The three articles of the Treaty gave powers of Sovereignty to the Queen of England; guaranteed to the Maori Chiefs and tribes full, exclusive and undisturbed possession of their lands, estates, forests and fisheries; and extended to the Maori people Royal protection and all the rights and privileges of British subjects.
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McNabb, David. "A Treaty-based framework for mainstream social work education in Aotearoa New Zealand: Educators talk about their practice." Aotearoa New Zealand Social Work 31, no. 4 (December 22, 2019): 4–17. http://dx.doi.org/10.11157/anzswj-vol31iss4id667.

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INTRODUCTION: Globally, indigenous social work educators have pursued decolonisation and the development of decolonising practices as part of the indigenous peoples’ rights movement and based on social work principles of self-determination and social justice. Māori have advanced decolonisation based on the original partnership that was envisaged in the Treaty of Waitangi signed between Māori and the British Crown in 1840. Aotearoa New Zealand social work education has a stated commitment to a Treaty-based partnership approach.METHODS: This research engaged focus groups along with interviews of social work educators from nine of the 19 programmes across Aotearoa New Zealand to explore if, and how, this commitment to a Treaty-based approach was being demonstrated in the real world of practice. A diverse group of participants included Māori, Pākehā, Pasifika, and people identifying with other ethnic groups.FINDINGS: Māori and non-Māori participants gave a range of perspectives relating to practising within a Treaty-based context. The Treaty should be understood historically but also in its contemporary expressions noting the extra demands placed on Māori. Non-Māori had an important role in demonstrating Treaty partnership and confronting White privilege. The Māori cultural approach of Kaupapa Ma ̄ori was a foundation for a Treaty approach, and presented a challenge for non-Māori to learn this. A major challenge for programmes was having sufficient Māori staff.Conclusions: Based on the findings, a Treaty-based teaching and learning framework has been developed to support educators as they advance decolonising practices and the indigenisation of social work education in Aotearoa New Zealand.
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Wynyard, Matthew. "‘Not One More Bloody Acre’: Land Restitution and the Treaty of Waitangi Settlement Process in Aotearoa New Zealand." Land 8, no. 11 (October 31, 2019): 162. http://dx.doi.org/10.3390/land8110162.

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Te Tiriti o Waitangi, signed between Māori rangatira (chiefs) and the British Crown in 1840 guaranteed to Māori the ‘full, exclusive and undisturbed possession of their lands’. In the decades that followed, Māori were systematically dispossessed of all but a fraction of their land through a variety of mechanisms, including raupatu (confiscation), the individualisation of title, excessive Crown purchasing and the compulsory acquisition of land for public works. Māori, who have deep cultural and whakapapa (genealogical) connections to the land, were left culturally, materially and spiritually impoverished. Land loss has long been a central grievance for many Māori and the return of land has been a guiding motivation for whānau (extended family), hapū (sub-tribe) and iwi (tribe) seeking redress from the Crown. Since the 1990s, many groups have entered into negotiations to settle their historical grievances with the Crown and while land loss and the deep yearning for its return are central to many Māori claims, precious little land is typically returned to Māori through the settlement process. This paper seeks to critically examine the Treaty settlement process in light of land restitution policies enacted elsewhere and argues that one of the many flaws in the process is the paucity of land returned to Māori.
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Dissertations / Theses on the topic "Treaty of Waitanga (1840)"

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Hanham, D. E. "The impact of introduced diseases in the pre-Treaty period 1790-1840." Thesis, University of Canterbury. Maori, 2003. http://hdl.handle.net/10092/6837.

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This thesis explores the impact of infectious introduced diseases on pre-Treaty Maori society. It addresses significant gaps in the current literature including consideration of the Pacific context from a microbiological perspective and modem analysis of an inadequate primary New Zealand literature on which present views of Maori health rely. The premise of the thesis is that few diseases could have been imported into New Zealand with the initial Polynesian immigrants, and that the impact of European introduced infectious diseases would have been greater than has been previously realised. The thesis evaluates the incidence of introduced infectious diseases, including the development of immunity, and the impact on Maori beliefs about causality and transmission, and in particular the question of whether the attribution of lung disease to an entrail-eating atua was a post-contact development. The thesis argues that rather than, as previously thought, a wholly pre-contact concept, the idea of the flesh eating lizard god was an attempt to comprehend tuberculosis, and was specific to tuberculosis. The thesis further argues while Maori initially blamed many of the diseases on 'European atua', reflecting the multiplicity of gods in their own culture, as interaction with missionaries increased the blame began to swing to the European God, and his priests, the missionaries. In response to the perception of the power of this god Papahurihia of Northland developed an anti-missionary doctrine based on biblical ideas in which the serpent of Genesis is revealed as the most powerful god. This, it is argued, is a development of the association of lizard gods with introduced tubercular disease.
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Books on the topic "Treaty of Waitanga (1840)"

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Moon, Paul. Hobson: Governor of New Zealand, 1840-1842. Auckland: David Ling Publishers, 1998.

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2

Bennett, R. S. Treaty to treaty: A history of early New Zealand from the Treaty of Tordesillas 1494 to the Treaty of Waitangi 1840. 2nd ed. Auckland: R.S. Bennett, 2007.

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3

Peter, Shaw. Waitangi. Napier, N.Z: Cosmos Publications, 1992.

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4

Toataua, Huti. Tainui and the Treaty of Waitangi =: Tainui me te tiriti. [New Zealand: s.n., 1991.

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An unsettled history: Treaty claims in New Zealand today. Wellington, N.Z: Bridget Williams Books, 1999.

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Coates, Kenneth. Living relationships =: Kōkiri ngātahi : the Treaty of Waitangi in the new millennium. Wellington: Victoria University Press, 1998.

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Brownlie, Ian. Treaties and indigenous peoples. Oxford: Clarendon Press, 1992.

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Melbourne, Hineani. Maori sovereignty: The Maori perspective. [Auckland]: Hodder Moa Beckett, 1995.

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Archie, Carol. Maori sovereignty: The Pakeha perspective. Auckland, N.Z: Hodder Moa Beckett, 1995.

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The treatymakers of New Zealand: Heralding the birth of a nation. Sussex, England: Book Guild Ltd, 1988.

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Book chapters on the topic "Treaty of Waitanga (1840)"

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Orange, Claudia. "The Treaty of Waitangi – 1840." In An Illustrated History of the Treaty of Waitangi, 22–45. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242168_2.

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Orange, Claudia. "A Matter of Mana – 1840 to 1870." In The Treaty of Waitangi | Te Tiriti o Waitangi: An Illustrated History, 62–99. 3rd ed. Bridget Williams Books, 2021. http://dx.doi.org/10.7810/9781988587189_3.

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Orange, Claudia. "A Matter of Mana – 1840 to 1870." In An Illustrated History of the Treaty of Waitangi, 46–77. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242168_3.

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Orange, Claudia. "The Treaty of Waitangi / Te Tiriti o Waitangi – 1840." In The Treaty of Waitangi | Te Tiriti o Waitangi: An Illustrated History, 32–61. 3rd ed. Bridget Williams Books, 2021. http://dx.doi.org/10.7810/9781988587189_2.

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Orange, Claudia. "An Independent Land – New Zealand to 1840." In The Treaty of Waitangi | Te Tiriti o Waitangi: An Illustrated History, 8–31. 3rd ed. Bridget Williams Books, 2021. http://dx.doi.org/10.7810/9781988587189_1.

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Orange, Claudia. "An Independent Land – New Zealand to 1840." In An Illustrated History of the Treaty of Waitangi, 2–21. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242168_1.

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Orange, Claudia. "A Residue of Guilt: 1890–1975." In The Treaty of Waitangi, 211–29. Bridget Williams Books, 2011. http://dx.doi.org/10.7810/9781877242489_11.

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Orange, Claudia. "Colonial Power and Māori Rights – 1870 to 1900." In The Treaty of Waitangi | Te Tiriti o Waitangi: An Illustrated History, 100–131. 3rd ed. Bridget Williams Books, 2021. http://dx.doi.org/10.7810/9781988587189_4.

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Orange, Claudia. "Colonial Power and Māori Rights – 1870 to 1900." In An Illustrated History of the Treaty of Waitangi, 78–107. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242168_4.

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"No. 28551. Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. Concluded at Lugarno 16 September 1988." In Treaty Series 1840, 476. UN, 1998. http://dx.doi.org/10.18356/87af57ce-en-fr.

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