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Journal articles on the topic 'Treaty of Waitangi'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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1

Northover, Hannah. "Book Review: Michael Belgrave, Merata Kawharu and David Williams (eds) Waitangi Revisited: Perspectives on the Treaty of Waitangi." Victoria University of Wellington Law Review 36, no. 1 (May 1, 2005): 156. http://dx.doi.org/10.26686/vuwlr.v36i1.5593.

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This article is a book review of Michael Belgrave, Merata Kawharu and David Williams (eds) Waitangi Revisited: Perspectives on the Treaty of Waitangi (Oxford University Press, Melbourne, 2005) (402 + xxi pages) NZ$65. The book looks at issues surrounding the Treaty of Waitangi 16 years after the publication of "Waitangi: Māori and Pākehā Perspectives of the Treaty of Waitangi". Although it can be difficult to find cogent and lucid expressions of contrary opinions on Treaty issues, Northover states that the book's attempts to provide different ideological perspectives are relatively successful.

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2

McClean, Robert. "Waitangi Revisited: Perspectives on the Treaty of Waitangi." New Zealand Geographer 62, no. 2 (August 2006): 168–69. http://dx.doi.org/10.1111/j.1745-7939.2006.00063.x.

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3

Howe, K. R., and Claudia Orange. "The Treaty of Waitangi." American Historical Review 95, no. 3 (June 1990): 894. http://dx.doi.org/10.2307/2164445.

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4

CANT, GARTH. "Waitangi: Treaty and Tribunal." New Zealand Journal of Geography 89, no. 1 (May 15, 2008): 7–12. http://dx.doi.org/10.1111/j.0028-8292.1990.tb00281.x.

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5

Blumhardt, Hannah. "Multi-textualism, 'Treaty Hegemony' and the Waitangi Tribunal: Making Sense of 19th Century Crown-Māori Negotiations in Te Urewera." Victoria University of Wellington Law Review 43, no. 2 (July 2, 2012): 263. http://dx.doi.org/10.26686/vuwlr.v43i2.5034.

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Between 1894 and 1896 the Crown conducted negotiations with Tūhoe which culminated in the 1895 Urewera Agreement and the Urewera District Native Reserve Act 1896. This article considers the constitutional implications of these negotiations and the resulting agreement and legislation. Adopting a 'multi-textual' conception of New Zealand legal history, and paying heed to the fact that Tūhoe did not sign the Treaty of Waitangi, the article argues that the Crown-Tūhoe relationship should be grounded predominantly in the 1895–1896 Agreement rather than the Treaty of Waitangi. In making this argumen

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6

Durie, Mason. "Universal Provision, Indigeneity and the Treaty of Waitangi." Victoria University of Wellington Law Review 33, no. 3-4 (December 1, 2002): 591–602. http://dx.doi.org/10.26686/vuwlr.v33i3-4.5833.

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This article provides an overview of Māori recognition in statutes and the political sphere, and affirms the Treaty of Waitangi's status as a partnership between the indigenous Māori and the Crown rather than a document that puts Māori on the sidelines. The Treaty of Waitangi has a critical part to play in defining the relationship between the Māori and the Crown. It is therefore argued that the challenge is not whether indigeneity should be recognised at all, but rather how to recognise indigeneity while treating all citizens fairly. The author concludes that the Crown must recognise the Trea

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7

Schmidt, Tyson. ""We don't have time for that carry-on anymore" – Protest and the construction of space at Waitangi in the 1980s." Architectural History Aotearoa 6 (October 30, 2009): 58–67. http://dx.doi.org/10.26686/aha.v6i.6755.

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The 6th of February is New Zealand's annual day of cultural performance par excellence. It is not a rememberance and reflection of what is undoubtedly this country's most important historical moment, but instead an enactment of contemporary understandings of the Treaty of Waitangi by both Māori and the Crown. Architecturally this performance is played out at, and between, Te Tii marae and the Treaty grounds at Waitangi. The partnership between Māori and the Crown is spatially expressed each year by symbolically important rituals being conducted and protocols observed at each specific site. Peo

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8

Browning, Claire. "Tukutuku in te Tiriti o Waitangi: A Tikanga Māori Touchstone for Tiriti Interpretation." Legalities 3, no. 2 (September 2023): 163–87. http://dx.doi.org/10.3366/legal.2023.0054.

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The tikanga Māori concept, tuku, in te Tiriti o Waitangi’s reo Māori text warrants focus in Tiriti interpretation. This article reviews the place of tuku in te Tiriti and considers how applied, tikanga-centred study of this concept contributes to a tikanga Māori perspective on the proper relationality of that treaty’s parties. Studying, as sources of principle, tuku in two treaty-applicable customary contexts – the wall panel weaving technique, tukutuku (an alliance between two workers) and the socio-political alliances of tuku whenua – shows ways in which both the text of te Tiriti and well-s

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9

Iorns, Catherine. "Treaty of Waitangi Principles Relevant to Adaptation to Coastal Hazards from Sea-Level Rise." Victoria University of Wellington Law Review 53, no. 4 (January 31, 2023): 563–610. http://dx.doi.org/10.26686/vuwlr.v53i4.8091.

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This article addresses some duties that arise under Te Tiriti o Waitangi/the Treaty of Waitangi that are commonly referred to as "Treaty principles", and applies them to the new issue of protection of Māori interests in the face of coastal hazards associated with sea-level rise. It summarises the Māori interests likely to be affected by sea-level rise and related coastal hazards, and some adaptation measures. It summarises existing information on Crown duties under the Treaty of Waitangi with some comment on their application to local authorities. This includes a summary of the Treaty duties o

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10

Munro, Justine. "The Treaty of Waitangi and the Sealord deal." Victoria University of Wellington Law Review 24, no. 4 (December 1, 1994): 389. http://dx.doi.org/10.26686/vuwlr.v24i4.6226.

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On 23 September 1992, the Crown and Maori representatives signed a deed in full and final settlement of Maori claims to fishing rights under the Treaty of Waitangi. This article asks whether the "Sealord deal", as it has come to be called, is in accordance with the principles of the Treaty of Waitangi, as these have been developed by the courts and the Waitangi Tribunal; and concludes that the deal represents only a pragmatic response to Maori needs and the opportunities at hand. The Sealord deal failed to confront the issues that must be addressed if legitimate and lasting Treaty claims settl

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11

Andrew, Jessica. "Administrative Review of the Treaty of Waitangi Settlement Process." Victoria University of Wellington Law Review 39, no. 2 (September 1, 2008): 225. http://dx.doi.org/10.26686/vuwlr.v39i2.5460.

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This paper looks at administrative review of the negotiation and settlement process for Treaty of Waitangi historical claims. The foundation is an analysis of the current treatment of these claims within the political arena, the Waitangi Tribunal and the courts. This includes a detailed analysis of the effectiveness of political and Waitangi Tribunal responses, and a hard look at the validity of the courts' continued stance that Treaty settlement cases are non-justiciable.Due to the non-binding nature of its recommendations, the effectiveness of the Waitangi Tribunal depends largely on the exi

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12

London, Jonathan. "THE TREATY OF WAITANGI - ITS PRESERVATION." AICCM Bulletin 20, no. 1 (December 1994): 25–31. http://dx.doi.org/10.1179/bac.1994.20.1.004.

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13

Winter, Stephen. "Book Review: Treaty of Waitangi Settlements." Political Science 66, no. 1 (June 2014): 84–85. http://dx.doi.org/10.1177/0032318714531536.

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14

Wilson, Helen. "Broadcasting and the Treaty of Waitangi." Media Information Australia 67, no. 1 (February 1993): 92–99. http://dx.doi.org/10.1177/1329878x9306700112.

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15

Durie, E. T. "Background Paper." Victoria University of Wellington Law Review 25, no. 2 (July 3, 1995): 97–108. http://dx.doi.org/10.26686/vuwlr.v25i2.8263.

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The Treaty of Waitangi Act 1975 constitutes the Waitangi Tribunal comprised of the Chief Judge of the Maori Land Court as chairperson and up to 16 additional members appointed by the Crown for terms not exceeding three years.

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16

Wilson, Bill. "Introduction to Treaty of Waitangi Special Issue." Victoria University of Wellington Law Review 25, no. 2 (July 3, 1995): 91–92. http://dx.doi.org/10.26686/vuwlr.v25i2.6196.

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The Board of the New Zealand Institute of Advanced Legal Studies held a Conference on 9 and 10 February 1995 on the subject of "Treaty Claims: The Unfinished Business". This issue of the Victoria University of Wellington Law Review presents papers from this Conference. In introducing the issue, Wilson identifies four major themes emerging from the discussion. First, in considering Treaty of Waitangi issues, there is a tendency for Māori and non-Māori to talk past each other rather than to each other. Secondly, the "fiscal envelope" contained in the Crown's proposals is likely to be of very lim

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17

Opie, Joss. "The Treaty of Waitangi and the Control of Language by R Dawson." Victoria University of Wellington Law Review 32, no. 4 (December 3, 2001): 1097. http://dx.doi.org/10.26686/vuwlr.v32i4.5861.

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Richard Dawson The Treaty of Waitangi and the Control of Language (Institute of Policy Studies, Wellington, 2001). Paperback, 255 pages, $NZ29. This article is a book review of Richard Dawson's The Treaty of Waitangi and the Control of Language. In his book, Dawson argued that there was a Crown monopoly over the language of the Treaty. Therefore, Dawson called for a balanced dialogue between the Crown and Māori. However, Opie argues that such a binary description of power is problematic and instead adopts Michel Foucault's bottom-up description of power which allows for a more nuanced view of

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18

Bennett, Mark, and Nicole Roughan. "Rebus Sic Stantibus and the Treaty of Waitangi?" Victoria University of Wellington Law Review 37, no. 4 (November 1, 2006): 505. http://dx.doi.org/10.26686/vuwlr.v37i4.5582.

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The question of the continuing significance of the Treaty of Waitangi is one to which neither legal practice nor scholarship has offered a definitive answer. The question is often regarded as less legal than political; a question of intercultural justice to be contested in the political realm. From within the law, however, the suggestion that the Treaty ought to be reassessed in light of modern circumstances was revived in 2005 when Jeremy Waldron, then University Professor at Columbia University, offered the international law doctrine of rebus sic stantibus as a possible tool for analysis. Th

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19

Stokes, Evelyn. "The treaty of Waitangi and the Waitangi tribunal: Maori claims in New Zealand." Applied Geography 12, no. 2 (April 1992): 176–91. http://dx.doi.org/10.1016/0143-6228(92)90006-9.

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20

Franklin, Margaret Ann. "Maori Politics and the Treaty of Waitangi." Australian Quarterly 61, no. 2 (1989): 292. http://dx.doi.org/10.2307/20635537.

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21

Graham, D. A. M. "Address by the Minister in Charge of Treaty of Waitangi Negotiations." Victoria University of Wellington Law Review 25, no. 2 (July 3, 1995): 231–37. http://dx.doi.org/10.26686/vuwlr.v25i2.6209.

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This article is the text of the address provided by Douglas Graham, then-MP and Minister in Charge of Treaty of Waitangi Negotiations, at the "Treaty Claims: The Unfinished Business" Conference. The Minister's address was by way of general remarks as opposed to a prepared address. Graham makes four points on what he believes the unfinished businesses are, or what New Zealand must do, in light of the Conference topic. First, there is a need to reconcile the rights and obligations that exist under the Treaty of Waitangi by the Crown and Māori. Secondly, there is a need to give more emphasis to p

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22

Boast, Richard. "Treaties Nobody Counted On." Victoria University of Wellington Law Review 42, no. 4 (October 3, 2011): 653. http://dx.doi.org/10.26686/vuwlr.v42i4.5114.

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This article is based on the author's inaugural professorial lecture delivered at Victoria University of Wellington in March 2011. The author's subject is treaties and treaty-like agreements, entered into between the New Zealand government and Māori after the Treaty of Waitangi.

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23

Herd, Ruth Ann. "WAI 1909 – The Waitangi Tribunal Gambling Claim." Critical Gambling Studies 2, no. 2 (September 28, 2021): 141–50. http://dx.doi.org/10.29173/cgs91.

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In 2008, I lodged a claim with the Waitangi Tribunal in regard to problem gambling and its negative impacts on Māori people. The Tribunal is tasked with hearing grievances related to Te Tiriti o Waitangi (The Treaty of Waitangi) signed in 1840 between Māori and the British Crown. It is a historical claim focused on the lack of adequate protection of taiohi Māori (young people of Māori descent) and the intergenerational harm caused by problem gambling among their whānau, hapū, iwi (extended families and relatives) and urban Māori communities. However, this begs the question how can a Treaty cla

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24

O'Regan, Tipene. "A Ngai Tahu Perspective on Some Treaty Questions." Victoria University of Wellington Law Review 25, no. 2 (July 3, 1995): 178–94. http://dx.doi.org/10.26686/vuwlr.v25i2.6202.

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The author, then the Chairman of the Ngai Tahu Maori Trust Board and of the Treaty of Waitangi Fisheries Commission – Te Ohu Kai Moana, provides a perspective on Treaty issues from the perspective of the Ngai Tahu. The author outlines Ngai Tahu's engagement in formal proceedings before the Waitangi Tribunal on an extension of the WAI 27 case under the Crown Forest Assets Act 1989, the first such case of its kind to have reached that stage of development. The author concludes that questions regarding the relationship between governance and tino rangatiratanga will be addressed by the Institute

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25

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 Turke

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26

DOMINY, MICHÈLE D. "Waitangi: Māori and Pākehā Perspectives of the Treaty of Waitangi. I. H. KAWHARU, ed." American Ethnologist 20, no. 1 (February 1993): 206–7. http://dx.doi.org/10.1525/ae.1993.20.1.02a00260.

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27

Boast, Richard P. "The Waitangi Tribunal in the Context of New Zealand’s Political Culture and Historiography." Journal of the History of International Law 18, no. 2-3 (April 13, 2016): 339–61. http://dx.doi.org/10.1163/15718050-12340062.

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One of the most elaborate systems of investigation into any nation’s colonial past is New Zealand’s Waitangi Tribunal, first set up in 1975, and which has now issued over 100 major reports on all aspects of the history of Maori interaction with the colonial state. The Waitangi Tribunal also exemplifies some particular features of the legal history of the Treaty of Waitangi, which in New Zealand has become seen as semi-constitutional text which forms an internal standard for legal investigations and for negotiation of redress. Current developments in New Zealand are highly consistent with long-

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28

McAllister, Patrick. "Waitangi Day: An Annual Enactment of the Treaty?" Sites: a journal of social anthropology and cultural studies 4, no. 2 (2007): 155–80. http://dx.doi.org/10.11157/sites-vol4iss2id78.

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29

Morrow, Daniel. "The English Text of the Treaty of Waitangi." Australian Historical Studies 54, no. 1 (January 2, 2023): 175–76. http://dx.doi.org/10.1080/1031461x.2023.2153971.

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30

McCarthy, Christine. ""a massive colonial experiment": New Zealand architecture in the 1840s." Architectural History Aotearoa 11 (October 1, 2014): 1–10. http://dx.doi.org/10.26686/aha.v11i.7410.

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It is more than obvious to say that the signing of the Treaty was the big event of the 1840s. The initial Treaty signing at Waitangi on 6 February 1840 by Lieutenant-Governor William Hobson, representing the British Crown, and "about 45 Maori chiefs" has become a defining moment in New Zealand's history, but, as Smith notes, [o]nly recently has the Treaty of Waitangi become central to national life ... Hastily devised at the time, the treaty sheets have become a national monument: they mean different things to different groups but have had an evolving official interpretation placed upon

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31

Mutu. "The Treaty Claims Settlement Process in New Zealand and its Impact on Māori." Land 8, no. 10 (October 15, 2019): 152. http://dx.doi.org/10.3390/land8100152.

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This article considers research conducted on the impact of the Crown’s treaty claims settlement policy on Māori in New Zealand. It provides a brief background to the Treaty of Waitangi and the subsequent British colonisation process that relied on the Doctrine of Discovery in breach of the treaty. It outlines how colonisation dispossessed Māori of 95 percent of their lands and resources, usurped Māori power and authority and left them in a state of poverty, deprivation and marginalisation while procuring considerable wealth, prosperity and privilege for British settlers. The work of the Waitan

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32

Caygill, David. "A Labour Party View." Victoria University of Wellington Law Review 25, no. 2 (July 3, 1995): 238–44. http://dx.doi.org/10.26686/vuwlr.v25i2.6213.

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David Caygill, the then-Deputy Leader of the Opposition, explores the Treaty of Waitangi settlement process from the perspective of the Labour Party. First, the author and his party reject the fiscal envelope to address outstanding Treaty claims. Secondly, the author discusses outstanding Article II claims under the Treaty. Finally, the author also discusses Article III claims. The author concludes that the real unfinished business is less about settlement and more about giving the Treaty contemporary meaning.

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33

Avtonomov, Alexei. "New Zealand Constitution: a fusion of legislative acts, case law (stare decisis), customs (conventions) and treaties." Sravnitel noe konstitucionnoe obozrenie 29, no. 5 (2020): 26–38. http://dx.doi.org/10.21128/1812-7126-2020-5-26-38.

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The article examines the genesis of the Constitution of New Zealand, the formation of its constituent parts and the main sources of constitutional law; it generally profiles the Constitution. The article shows the mutual influence and interweaving of the components of the unconsolidated Constitution of New Zealand in contemporary conditions. In particular, the constitutional provisions presented in the Treaty of Waitangi are examined, and attention is focused on the contemporary problems of its current interpretation and application, although the historical context of its drafting and conclusi

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34

Angelo, AH. "Personality and Legal Culture." Victoria University of Wellington Law Review 26, no. 2 (May 1, 1996): 395. http://dx.doi.org/10.26686/vuwlr.v26i2.6174.

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The interaction of Maori law and the European based state law of New Zealand has given rise to much discussion and political debate. The contemporary focus has been primarily on the Treaty of Waitangi and the work of the Waitangi Tribunal. Public interest has been attracted by the property aspects of Treaty claims and by their justness, but there has been less public interest in the Maori cultural aspects of claims. In particular, the cultural importance of some claims has been masked by concerns about the resource value involved. This article seeks to redirect attention to an aspect of the Ma

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35

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 reco

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36

Hastings, W. K. "New Zealand Treaty Practice with Particular Reference to the Treaty of Waitangi." International and Comparative Law Quarterly 38, no. 3 (July 1989): 668–82. http://dx.doi.org/10.1093/iclqaj/38.3.668.

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37

Doogan, Judge Michael. "Tikanga and the Law Wānanga." Amicus Curiae 4, no. 3 (June 24, 2023): 649–59. http://dx.doi.org/10.14296/ac.v4i3.5624.

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Tikanga Māori is increasingly influencing the law of New Zealand, in every jurisdiction. The Environment Court is becoming more concerned with issues which necessitate knowledge of different tikanga Māori, matauranga Māori and Te Reo Māori. The following is a discussion on how tikanga affects the incorporation of Treaty of Waitangi and Māori concepts in the Resource Management Act 1991. It then moves to how and to what extent the Environment Court can consider relational and mana whenua issues. And lastly, Judge Doogan gives insights from a Māori Land Court, Waitangi Tribunal and Environment C

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38

Jones, Nicholas. "Review of The Treaty of Waitangi/Te Tiriti o Waitangi: An Illustrated History by Claudia Orange." Waka Kuaka | The Journal of the Polynesian Society 130, no. 3 (September 2021): 267–69. http://dx.doi.org/10.15286/jps.130.3.267-269.

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39

O’Sullivan, Dominic, Heather Came, Tim McCreanor, and Jacquie Kidd. "A critical review of the Cabinet Circular on Te Tiriti o Waitangi and the Treaty of Waitangi advice to ministers." Ethnicities 21, no. 6 (December 2021): 1093–112. http://dx.doi.org/10.1177/14687968211047902.

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The New Zealand state developed from a treaty between the British Crown and hapū (sub-tribes) in 1840. The te Reo (Māori language) text and the English version of the agreement are fundamentally different. Breaches of this treaty and tension over how the political relationship between Māori and the Crown should proceed are ongoing. In 2019, the Cabinet Office issued a Circular instructing bureaucratic advisers of the questions they should address when providing advice to ministers on the agreement’s contemporary application. In this article, we use Critical Tiriti Analysis (CTA) – an analytica

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40

O'Sullivan, Dominic. "The Treaty of Waitangi in Contemporary New Zealand Politics." Australian Journal of Political Science 43, no. 2 (June 2008): 317–31. http://dx.doi.org/10.1080/10361140802035804.

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41

Tawhai, Veronica M. H., and Katarina Gray-Sharp. "‘Always speaking’ – The Treaty of Waitangi and public policy." Aotearoa New Zealand Social Work 28, no. 2 (August 18, 2016): 96. http://dx.doi.org/10.11157/anzswj-vol28iss2id230.

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42

Hudson, Maui L., and Khyla Russell. "The Treaty of Waitangi and Research Ethics in Aotearoa." Journal of Bioethical Inquiry 6, no. 1 (November 27, 2008): 61–68. http://dx.doi.org/10.1007/s11673-008-9127-0.

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43

Potaka, Tama. "A Treaty for Local Governments." Victoria University of Wellington Law Review 29, no. 1 (January 1, 1999): 111. http://dx.doi.org/10.26686/vuwlr.v29i1.6046.

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There is a vast literature on the Treaty of Waitangi. However, a large number of constitutional issues such as who owes Treaty obligations and the nature and extent of these obligations are not clear. Instead, such issues are often obscured by the media sensationalising Treaty settlement processes, Maori fisheries, and Pakeha political assumptions about what Maori want. Amidst talk of fish, cash settlements and development, little Treaty jurisprudential thinking addresses the complex legal, cultural and economic issues surrounding local government and MÃ¡ori. It is the purpose of this article

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44

Cleland, Alison. "Care of Children Act 2004: Continuation of Cultural Assimilation." Victoria University of Wellington Law Review 54, no. 3 (December 6, 2023): 669–98. http://dx.doi.org/10.26686/vuwlr.v54i3.8786.

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This article argues that the cultural assimilation of Māori family forms, originating in colonial private family laws, continues under the Care of Children Act 2004 (COCA). It finds that the opportunity to draft a law that was respectful of tikanga Māori and te Tiriti o Waitangi was lost when legislators ignored all the critiques of the operating principles and processes of the Pākehā legal system, provided by Māori during the 1980s and 1990s. The article argues that cultural assimilation continues through court decisions, since COCA principles require priority to be given to parents, with a c

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45

Upston-Hooper, K. "Slaying the Leviathan: Critical Jurisprudence and The Treaty of Waitangi." Victoria University of Wellington Law Review 28, no. 4 (August 3, 1998): 683. http://dx.doi.org/10.26686/vuwlr.v28i4.6053.

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This article considers the perspectives of four contributors to the current discourse on the Treaty of Waitangi: Professor Jane Kelsey, Dr Paul McHugh, Professor F M Brookfield and Moana Jackson. The jurisprudential underpinnings of each authors arguments are examined. The article focuses on the degree to which two new forms of jurisprudential thought, Critical Legal Studies and Critical Race Theory, have informed the Treaty discourse. The article concludes that, although such critical jurisprudence has yet to permeate New Zealand jurisprudence in any meaningful way, Critical Race Theory could

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46

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 cha

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47

Holster, Bonnie, and Matthew Castle. "Between Innovation and Precedent the Treaty of Waitangi exception clause in Aotearoa New Zealand’s free trade agreements." Policy Quarterly 18, no. 4 (November 6, 2022): 26–32. http://dx.doi.org/10.26686/pq.v18i4.8014.

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New Zealand includes a Treaty of Waitangi exception clause in all its free trade agreements. The clause aims to protect Māori interests arising from the government’s Treaty of Waitangi obligations. But despite changes to New Zealand’s trade agreements, an evolving relationship between the New Zealand government and Māori, and debate over the adequacy of the clause, the exception clause has remained unchanged for 20 years. We suggest that the reproduction the same text helps New Zealand negotiators to credibly argue that inclusion of the clause is required for domestic political reasons. Yet th

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Warren, Alison. "Negotiating Discourses: A Pākehā Teacher Educator’s Exploration of Bicultural Teaching Practice." Teachers' Work 20, no. 2 (December 14, 2023): 257–70. http://dx.doi.org/10.24135/teacherswork.v20i2.608.

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Bicultural teaching practice in Aotearoa New Zealand is based on commitment to partnerships reflecting Te Tiriti o Waitangi/ The Treaty of Waitangi between Māori and non-Māori cultures, and is governed by professional standards and documents. I am a Pākehā (European ethnicity) early childhood teacher educator concerned about how effectively I engage in bicultural teaching practice. According to Michel Foucault’s theories, individuals’ self-understandings are shaped within discourses that frame their values and beliefs, and their thoughts and actions. This article reports on poststructural self

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Scheele, Sue. "Safeguarding seeds and Maori intellectual property through partnership." International Journal of Rural Law and Policy, no. 2 (April 4, 2016): 1–9. http://dx.doi.org/10.5130/ijrlp.i2.2015.4628.

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The Nagoya Protocol is a recent binding international instrument that articulates the need to recognise the rights of indigenous peoples regarding their biological resources and cultural knowledge and strengthens the mechanisms to do so. New Zealand has not signed this protocol because of the overriding importance of the Treaty of Waitangi in New Zealand’s domestic affairs, and the need to ensure that government options are not limited concerning the development of domestic policy on access to biological resources. In particular, policy makers and legislators are waiting for the government res

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Jackson, Moana. "Comment." Victoria University of Wellington Law Review 25, no. 2 (July 3, 1995): 245–48. http://dx.doi.org/10.26686/vuwlr.v25i2.6208.

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Moana Jackson provides a brief comment about Māori fisheries and rights at the "Treaty Claims: The Unfinished Business" Conference as part of this special issue of the Victoria University of Wellington Law Review. He argues that there has been a tendency to drown the Treaty of Waitangi in the rhetoric of the law, having been emasculated of its political underpinnings. Jackson notes that the rights bestowed by the Treaty are meaningless without the political authority, whether it is recognised as self-determination or sovereignty. The author concludes that the Treaty is not an illusion of polit

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