MIDTERM - treaty of waitangi

Question 1

Missionaries

Answer 1

Spread Christianity and European culture in nz

Question 2

Whalers

Answer 2

First Europeans to establish trade with Māori in early 1800

Question 3

Colonial office attitude to NZ

Answer 3

The British colonial office initially viewed NZ as a remote and unruly colony, needing British control to maintain order and protect settlers

Question 4

The Elizabeth incident

Answer 4

The Elizabeth incident in 1827 involved the kidnapping of Māori people by a British ship, which sparked outrage amount Māori and influence British policy towards NZ

Question 5

British resident

Answer 5

A British resident James busby was appointed in 1833 to represent the crown and help manage relationship between settlers and Māori in NZ

Question 6

Confederation of united tribes of NZ

Answer 6

The condederation of united tribes was a group of Māori chiefs who formed an alliance in the 1830s to assets their collective sovereignty and seek protection from the british

Question 7

French settlement

Answer 7

France considered establishing a colony in NZ in the early 1800s but their plans were hindered by British interest and signing of the treaty of waitangi

Question 8

NZ Company

Answer 8

A British organization that attempted to establish settlements in NZ in the 1830s and 1840s often causing conflict with maori over land ownership

Question 9

LT Governor Hobson

Answer 9

Lieutenant governor wwilliam Hobson was sent by the british government in 1840 to oversee the signing of the treaty of waitangi and establish British sovereignty in NZ

Question 10

Date of Signiture

Answer 10

Feb 6th 1840

Question 11

Natures of the treaty (4)

Answer 11

Agreements between sovereign states

Recognized as binding in international law

No legal means of enforcement in international law (although breaches may have consequences)

Question 12

Circumstances in which the treaty was signed (6)

Answer 12

Between the crown and various Māori chiefs

Drafted quickly by Hobson staff - no legal training for the task

One draft given to missionary to translate to Māori

An English language and Māori copy was signed

Two copies are not entirely the same (contra preferentum)

The Māori version contains words that do not accurately reflect the precise meaning of the equivalent English words.

Question 13

essential provisions of the treaty: article 1

Answer 13

Article 1: confederation of united tribes + independent chiefs cede “ sovereignty” to queen of england

Gives the queen of england power to govern nz

Question 14

Essential provisions of the treaty article 2

Answer 14

Queen guaranteed:
- undisturbed possession of land, forest, fisheries and other properties
- chiefs grant exclusive right of pre-emotion of land to the crown,

Question 15

Essential provisions of the treaty article 3

Answer 15

Queen grants status of British subjects to Māori people
(Māori have Same rights and protections as British citizens + access to British law)

Question 16

Problems of translation article 1

Answer 16

Cede sovereignty meaning full control

Kāwanatanga meaning governorship (British managing settlers while Māori chiefs manage their own authority

Question 17

Problems in translation article 2

Answer 17

Rangatiratanga is translated as sovereignty in the English version, but means making their own decisions while still keeping crowns authority in mind.

Question 18

International legal personality required for a treaty:

Answer 18

Must be between entities with international legal personality, meaning recognised a states or sovereign power.

Question 19

Was the confederation of united tribes of NZ plus independent chiefs considered a state in 1840?

Answer 19

No, it didn’t fully meet the definition of a state under international law in 1840, but has established signs of governance and sovereignty

Question 20

Affirmative arguments for legal status of treaty:

Answer 20

Tribal societies were subject of treaties with European states before 1840

Māori had developed system of law and land tenure

The was a form of political organisation among maori

Question 21

Negative arguments for legal status of a treaty

Answer 21

No consensus of government

No consensus of law

Not a state

Question 22

Judicial opinion 2 cases

Answer 22

Wi Parada v bishop of Wellington

No maori council v a-g

Question 23

Wi para v bishop of Wellington (1877)

Answer 23

Chief te whare pour I grifted land to church for a maori school never built

The superme court ruled in favour of the bishop, declaring maori customary land had no legal standing unless recognised by crown.

Treaty was dismissed as a simple nudity, claiming maori lacked sovereignty to sign a treaty

Set a precedent for denying maori land rights.

Question 24

Nz maori council vs attorney general (1987)

Answer 24

Nz govt planned to sell state owned land, risking maori land claims

Section 9 of the state owned enterprises act 1986 required govt actions to align with treaty principles

The court of appeal ruled in favor of the maori council reinforcing the govts duty to uphold treaty principles

Strengthened maori rights in law and led to protections like the Waitangi tribunals power to halt land sales until claims were considered.

Question 25

Treaty today

Answer 25

Many acts now refer to the treaty, as an aid to interpretation generally. But is widely accepted to be a constitutional document governing relationships between crown and maori.

Question 26

Proposal to entrench treaty in a written constitution:

Answer 26

Gives the court power to strike down policies or laws in breach of the treaty Gives power to majority to amend the terns of the treaty without consent of maori people.

Question 27

Waitangi tribunal

Answer 27

Treaty of Waitangi act 1975 Maori alleging a breach of the treaty may bring a claim to the Waitangi tribunal Tribunal has power to investigate claims the treaty has breaches, make decisions on claims and make recommendations to the govt. Tribunal decisions are not binging, the decision on whether to remedy a breach is political.