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.




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.




The Maori Magna Carta


Book Description

"This account of the law surrounding the Treaty of Waitangi not only considers the constitutional nature of the relationship between Maori and Parliament, but also describes the legislative activities of the New Zealand Parliament regarding Maori, the role of the Waitangi Tribunal, and the laws affecting Maori land tenure. It addresses basic issues of constitutional law and theory including the legal aspects of the Crown's colonization of New Zealand, progressing to consider issues of contemporary relevance, such as common law aboriginal title, the developing rules of international law and the legal doctrine of the Crown's fiduciary duty"--Publisher's description.







Waitangi and Indigenous Rights


Book Description

This work is an incisive exploration of the legal and constitutional issues surrounding the Treaty of Waitangi.




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




Constitution of the Realm of New Zealand


Book Description

The Constitution of New Zealand is the sum of laws and principles that make up the body politic of the realm. It concerns the relationship between the individual and the state, and the functioning of government. Unlike many other nations, New Zealand has no single constitutional document. The Constitution Act 1986 comprises only a portion of the uncodified constitution, along with a collection of statutes (Acts of Parliament), the Treaty of Waitangi, Orders in Council, letters patent, decisions of the courts and unwritten conventions.New Zealand is a constitutional monarchy with a parliamentary system of government. This system is based on the Westminster system, although that term is increasingly inapt given constitutional developments particular to New Zealand. The head of state, the monarch of New Zealand is represented in the Realm of New Zealand by the Governor-General and is the source of executive, judicial and legislative power.




Waitangi


Book Description

The essays in Part One discuss aspects of the legal and historical significance of the gaining of sovereignty over New Zealand by the Crown. The essays in Part Two are studies of Maori reaction to the guarantees given by the Crown to protect their "rangatiratanga" - their tribally based heritage and identity.