The Treaty of Waitangi in New Zealand's Law and Constitution


Book Description

The author looks at where the Treaty of Waitangi should be in New Zealand's law and constitution, addressing and providing concrete suggestions to questions such as: What was the place of the Treaty of Waitangi in the law and constitution in 1840? What has the Treaty been reinterpreted to mean in New Zealand today? What is its current legal status and force? and What is its current place in New Zealand's law and constitution?




The Treaty of Waitangi


Book Description

"The Treaty of Waitangi was signed in 1840 by over 500 chiefs, and by William Hobson, representing the British Crown. To the British it was the means by which they gained sovereignty over New Zealand. But to Maori people it had a very different significance, and they are still affected by the terms of the Treaty, often adversely.The Treaty of Waitangi, the first comprehensive study of the Treaty, deals with its place in New Zealand history from its making to the present day. The story covers the several Treaty signings and the substantial differences between Maori and English texts; the debate over interpretation of land rights and the actions of settler governments determined to circumvent Treaty guarantees; the wars of sovereignty in the 1860s and the longstanding Maori struggle to secure a degree of autonomy and control over resources." --Publisher.




The Waitangi Tribunal


Book Description

The Waitangi Tribunal sits at the heart of the Treaty settlement process, with a unique remit to investigate claims and recommend settlements. But although the claims process has been hugely controversial, little has been written about the Tribunal itself. These essays, by leading academics, lawyers and researchers, successfully fill that gap, examining the Tribunal’s role in reshaping Māori identity and society, the Tribunal’s future mission, and its contribution to ideas of justice and reparation. This perceptive analysis of a key institution is vital reading for anyone seeking to understand Treaty settlements. Contributors: Paul Hamer Geoff Melvin Grant Phillipson Richard Boast Tom Bennion Stephanie Milroy Jacinta Ruru Deborah Edmunds John Dawson Richard Price Debra Fletcher Evan Te Ahu Poata-Smith Donna Hall Andrew Sharp




Constitutional and Administrative Law in New Zealand


Book Description

CONSTITUTIONAL AND ADMINISTRATIVE LAW IN NEW ZEALAND, 3rd edition is the authoritative text on public law in New Zealand. It is an essential reference for law students, legal practitioners, in-house counsel and public sector advisors. This edition represents a thorough revision of materials that explicate developments since 2001, when the second edition was published. It covers the entire range of subjects that map modern public law. This edition continues the high scholarly standards, ease of reference and readability of the previous editions. The author, Philip A Joseph, is an acknowledged authority on New Zealand constitutional and administrative law.




Waitangi & Indigenous Rights


Book Description

This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.




The Story of a Treaty


Book Description

The Treaty of Waitangi is a central document in New Zealand history. This lively account tells the story of the Treaty from its signing in 1840 through the debates and struggles of the nineteenth century to the gathering political momentum of recent decades. The second edition of this popular book brings the story up to the present. New illustrations enrich the history, giving life to the events as they unfold. Printed in full colour, The Story of a Treaty will continue as a superb introduction to Treaty history for future generations.




A Constitution for Aotearoa New Zealand


Book Description

New Zealand needs a constitution that is easy to understand, reflects our shared identity and nationhood, protects rights and liberties, and prevents governments from abusing power. The current constitution is vague, jumbled and unclear. It can be easily overridden or changed according to political whim. This book aims to change that. It proposes a modern, codified constitution that is accessible and clear, and it aims to stimulate debate about who we are as a nation and how we should be governed--so we can forge enduring arrangements now, instead of waiting for a crisis to force our hand. While A Constitution for Aotearoa New Zealand proposes some important changes, it is at pains to preserve the sound elements of our past and our unique constitutional culture. The authors conclude by seeking your feedback on their proposals, which will be reflected in a second edition to be published in 2017. Ultimately this book is an impassioned plea for government to be transparent, accountable, responsive, and reflect the values of all New Zealanders.




Always Speaking


Book Description

This is a collection of papers that examine the current place of the Treaty of Waitangi in core public policy areas. The authors analyse the tensions and dynamics in the relationship between Maori and the Crown in their areas of expertise, detail the key challenges being faced, and provide insights on how these can be overcome. The policy areas covered in the collection span the environment, Maori and social development, health, broadcasting, the Maori language, prison and the courts, local government, research, science and technology, culture and heritage, foreign affairs, women's issues, labour, youth, education, economics, housing and the electoral system.




The Treaty of Waitangi Companion


Book Description

The first comprehensive guide to key documents and notable quotations on New Zealand's Treaty of Waitangi, this volume explores the relationship between the Maori and the Pakeha—New Zealanders who are not of Maori descent. Sourced from government publications, newspapers, letters, diaries, poems, songs, and cartoons, this enlightening anthology provides an introduction to the many voices that have shaped Maori and Pakeha history since 1840. The compilation includes primary historical sources in Maori as well as the English translations and covers numerous topics, including background to the treaty, the New Zealand Wars, the Maori Women's Movement, and Don Brash's politics. Thorough and informative, this is a significant work that will appeal to those interested in pacifism, biculturalism, and racial equality.




The Constitution of New Zealand


Book Description

This book examines New Zealand's constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power – a perspective that is necessary to explore and account for a lived, rather than textual, constitution. New Zealand's constitution is unique. One of three remaining unwritten democratic constitutions in the world, it is characterised by a charming set of anachronistic contrasts. “Unwritten”, but much found in various written sources. Built on a network of Westminster constitutional conventions but generously tailored to local conditions. Proudly independent, yet perhaps a purer Westminster model than its British parent. Flexible and vulnerable, while oddly enduring. It looks to the centralised authority that comes with a strong executive, strict parliamentary sovereignty, and a unitary state. However, its populace insists on egalitarian values and representative democracy, with elections fiercely conducted nowadays under a system of proportional representation. The interests of indigenous Maori are protected largely through democratic majority rule. A reputation for upholding the rule of law, yet few institutional safeguards to ensure compliance.