Download A Simple Nullity?: The Wi Parata Case in New Zealand Law and by David V. Williams PDF

By David V. Williams

David V. Williams takes a clean examine the infamous Wi Parata case - the protagonists, the origins of the dispute, the years of criminal from side to side - affording new insights into either Maori-Pakeha family members within the 19th century and the felony place of the Treaty of Waitangi. In 1877, the recent Zealand perfect court docket determined a case, Wi Parata v Bishop of Wellington, that concentrated at the possession and use of the Whitireia Block, close to Porirua. Ngati Toa had given this land to the Anglican Church for a school that used to be by no means outfitted. during refusing to inquire into the possession of the block, the judges pushed aside the relevance of the Treaty of Waitangi: 'So some distance certainly as that device imagined to cede the sovereignty - a question with which we're not without delay involved - it has to be considered as an easy nullity.' during the last twenty-five years, judges, attorneys and commentators have castigated this 'simple nullity' view of the Treaty. The 'infamous' case has been noticeable as symbolic of the forget of Maori rights by way of settlers, executive and the legislations in New Zealand. The actual history to the Wi Parata case, Williams argues, tells us a lot approximately nineteenth-century Maori appearing as they notion top for his or her humans and approximately debates in Pakeha jurisprudence over the popularity or rejection of commonplace Maori rights. at the back of the obvious dismissal of the Treaty as a 'simple nullity' lay deep arguments concerning the position of Maori and Pakeha in Aotearoa New Zealand. these arguments are as suitable now as they have been then

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