lOMoARcPSD|13097948
LAWS110 Exam
Legal Foundations, Research and Writing (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
LAWS110 Exam
Treaty of Waitangi
Extra readings
Know the basics
Pre treaty
Maori were governed through self-determination. While this does not align with our
current western system, Maori had societal values that were important to the
functioning of maori society.
A land tenure system existed, where the source of rights was through “mana tūpuna”
– through descent and through ahi kā – occupation. The nature of rights were
authoritative (kaitaki) through a chief.
Process of colonisation:
1. Able Tasman (1642) – Never actually landed, just sailed around, So did not
technically discover us.
2. James Cook (1769) – Landed and claimed possession of NZ, however, nothing
came from it so essentially it lapsed. Not a proper colonisation. Letters Patent
3. England decided to exploit our resources, namely: oil, seal skin, flax and
timber. By 1840 there was about 2000 British in NZ. Granted the Letters Patent,
then Treaty of Waitangi.
Treaty of Waitangi
Captain William Hobson was dispatched to ensure Maori cede land to the Crown.
6th February 1840 the Treaty of Waitangi was signed by about 50 chiefs (not
represented of the whole of NZ). By May Hobson had issued proclamations
claiming rights over NZ. By October the Treaty was taken to London where it
had 500 chiefs signatures.
Treaty of Waitangi
English " absolutely and without reservation all the rights and powers of sovereignty
"
Maori Kawanatanga does not mean sovereignty more govern
Article 1:
Article 1 accomplished the Crown’s objective (cession of sovereignty) but the
translation of the word “sovereignty” raised questions as to what Maori actually
ceded.
In the Maori language version, the expression “kawanatanga” corresponded to
“sovereignty” which conveyed a lesser concept of governance than full cession of
sovereignty. “Kawanatanga” identified with “governorship”.
Downloaded by Emma Grant ()
LAWS110 Exam
Legal Foundations, Research and Writing (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
LAWS110 Exam
Treaty of Waitangi
Extra readings
Know the basics
Pre treaty
Maori were governed through self-determination. While this does not align with our
current western system, Maori had societal values that were important to the
functioning of maori society.
A land tenure system existed, where the source of rights was through “mana tūpuna”
– through descent and through ahi kā – occupation. The nature of rights were
authoritative (kaitaki) through a chief.
Process of colonisation:
1. Able Tasman (1642) – Never actually landed, just sailed around, So did not
technically discover us.
2. James Cook (1769) – Landed and claimed possession of NZ, however, nothing
came from it so essentially it lapsed. Not a proper colonisation. Letters Patent
3. England decided to exploit our resources, namely: oil, seal skin, flax and
timber. By 1840 there was about 2000 British in NZ. Granted the Letters Patent,
then Treaty of Waitangi.
Treaty of Waitangi
Captain William Hobson was dispatched to ensure Maori cede land to the Crown.
6th February 1840 the Treaty of Waitangi was signed by about 50 chiefs (not
represented of the whole of NZ). By May Hobson had issued proclamations
claiming rights over NZ. By October the Treaty was taken to London where it
had 500 chiefs signatures.
Treaty of Waitangi
English " absolutely and without reservation all the rights and powers of sovereignty
"
Maori Kawanatanga does not mean sovereignty more govern
Article 1:
Article 1 accomplished the Crown’s objective (cession of sovereignty) but the
translation of the word “sovereignty” raised questions as to what Maori actually
ceded.
In the Maori language version, the expression “kawanatanga” corresponded to
“sovereignty” which conveyed a lesser concept of governance than full cession of
sovereignty. “Kawanatanga” identified with “governorship”.
Downloaded by Emma Grant ()
