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Overview"In 1877, the NZ Supreme Court decided the case of Wi Parata v Bishop of Wellington, centred on the ownership and use of the Whitireia Block near Porirua, which had been granted by Ngati Toa to the Anglican Church for a school that was never built. Refusing jurisdiction over the case, the Court also denied the legal relevance of the Treaty of Waitangi in NZ law. The judges wrote, ""So far indeed as that instrument purported to cede the sovereignty - a matter with which we are not directly concerned - it must be regarded as a simple nullity."" Over the past 20 years, judges, lawyers and commentators have castigated the ""simple nullity"" view of the Treaty in this ""infamous"" case as a sign of the historic neglect of Maori rights by settlers, government, and the law in New Zealand. The case was used as a point of reference, in order to repudiate it, in the major Ngati Apa case that led to the Foreshore and Seabed legislation. Williams takes a fresh look at Wi Parata with insights into Maori/Pakeha relations and into the legal meaning of the Treaty. The case, he argues, tells us much about the power of 19th-century Maori as agents and about debates in Pakeha jurisprudence over the different potential legal sources of customary Maori rights (jure gentium and aboriginal title). Behind the apparent dismissal of the Treaty as a ""simple nullity"" lay deep arguments about Maori and Pakeha in Aotearoa NZ." Full Product DetailsAuthor: David V. WilliamsPublisher: Auckland University Press Imprint: Auckland University Press Dimensions: Width: 15.40cm , Height: 1.80cm , Length: 22.80cm Weight: 0.452kg ISBN: 9781869404840ISBN 10: 186940484 Pages: 304 Publication Date: 01 June 2011 Audience: Professional and scholarly , General/trade , Professional & Vocational , General Replaced By: 9781869407407 Format: Paperback Publisher's Status: Active Availability: Awaiting stock  The supplier is currently out of stock of this item. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out for you. Table of ContentsReviews[N]ecessary reading for all interested in the Treaty of Waitangi or indigenous issues to do with the settlement of indigenous claims. The editors and contributors are to be commended for producing such a timely and outstanding piece of scholarship. --Manuhuia Barcham, Australian Journal of International Affairs, on Waitangi Revisited [N]ecessary reading for all interested in the Treaty of Waitangi or indigenous issues to do with the settlement of indigenous claims. The editors and contributors are to be commended for producing such a timely and outstanding piece of scholarship. --Manuhuia Barcham, Australian Journal of International Affairs , on Waitangi Revisited Author InformationDavid V Williams is professor of law at The University of Auckland, New Zealand. Tab Content 6Author Website:Countries AvailableAll regions |
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