lOMoARcPSD|13097948
Essay 3 - Very useful for study, exams, revision and more
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
Discuss the meaning of tino rangatiratanga in Te Tiriti o Waitangi and identify two
contemporary challenges to the expression of tino rangatiratanga in the present day.
PLAN
Intro
The meaning of tino rangatiratanga?:
The use in the treaty- English and Maori
Legal standing: Court case view of it x 2 Wi Parata and New Zealand Maori Council v
Attorney General in 1987. Courts today-??
The tribunal view and Maori view in contrast to court view. My view= still relevant
although Maori do not have right to sovereignty today. Courts believe that this
sovereignty and kawanatanga is the legal justification for the exercise of power of
Parliament. The judicial jurisprudence states that the sovereignty of the British
Crown in New Zealand is umpeachable. Still must be expressed
- Principle of partnership means that the Pakeha must also consider Maori tino
rangatiratanga and there must be a shared power and authority with co-
management.
Contemporary challenges:
1. Parliamentary structure Maori guaranteed right of autonomy and authority over
own affairs
- Representation in government is low but improving under MMP
- Local governing bodies – 5% only
- Good- Maori electorates- naïve to think that Maori now have full representation
- Lack of legislation devoted to this- needs to change~ quote
- View that Maori should not be treated as separate group- challenge
1. More radical extreme views : Membership opportunities on organisations take
over Minister of Social development?
- Some believe that Maori should have their own courts and land to govern like
reservations. However, holding to tribunal and court belief rather Maori should
work as a treaty partner with the Crown
- Struggle for Maori to have a say over Maori affairs in particular to the
environment and tikanga values. They feel they are being ignored by the
government. Redesign parliament structure?
The Environment Court struggle. Statutory acknowledgement given low regard in
environment court
-
- Co-management issues. Maori need to have more management. Maori have to
struggle to implement tino rangatiratanga, resistance due to a lingering colonial
Downloaded by Emma Grant ()
Essay 3 - Very useful for study, exams, revision and more
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
Discuss the meaning of tino rangatiratanga in Te Tiriti o Waitangi and identify two
contemporary challenges to the expression of tino rangatiratanga in the present day.
PLAN
Intro
The meaning of tino rangatiratanga?:
The use in the treaty- English and Maori
Legal standing: Court case view of it x 2 Wi Parata and New Zealand Maori Council v
Attorney General in 1987. Courts today-??
The tribunal view and Maori view in contrast to court view. My view= still relevant
although Maori do not have right to sovereignty today. Courts believe that this
sovereignty and kawanatanga is the legal justification for the exercise of power of
Parliament. The judicial jurisprudence states that the sovereignty of the British
Crown in New Zealand is umpeachable. Still must be expressed
- Principle of partnership means that the Pakeha must also consider Maori tino
rangatiratanga and there must be a shared power and authority with co-
management.
Contemporary challenges:
1. Parliamentary structure Maori guaranteed right of autonomy and authority over
own affairs
- Representation in government is low but improving under MMP
- Local governing bodies – 5% only
- Good- Maori electorates- naïve to think that Maori now have full representation
- Lack of legislation devoted to this- needs to change~ quote
- View that Maori should not be treated as separate group- challenge
1. More radical extreme views : Membership opportunities on organisations take
over Minister of Social development?
- Some believe that Maori should have their own courts and land to govern like
reservations. However, holding to tribunal and court belief rather Maori should
work as a treaty partner with the Crown
- Struggle for Maori to have a say over Maori affairs in particular to the
environment and tikanga values. They feel they are being ignored by the
government. Redesign parliament structure?
The Environment Court struggle. Statutory acknowledgement given low regard in
environment court
-
- Co-management issues. Maori need to have more management. Maori have to
struggle to implement tino rangatiratanga, resistance due to a lingering colonial
Downloaded by Emma Grant ()
