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 backward and forward - affording new insights into either Maori-Pakeha family within the 19th century and the felony place of the Treaty of Waitangi. In 1877, the hot Zealand excellent court docket determined a case, Wi Parata v Bishop of Wellington, that targeted 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 brushed aside the relevance of the Treaty of Waitangi: 'So a long way certainly as that device imagined to cede the sovereignty - a question with which we aren't at once involved - it needs 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 visible as symbolic of the forget of Maori rights by means of settlers, executive and the legislations in New Zealand. The actual heritage to the Wi Parata case, Williams argues, tells us a lot approximately nineteenth-century Maori performing as they suggestion top for his or her humans and approximately debates in Pakeha jurisprudence over the popularity or rejection of regular Maori rights. at the back of the obvious dismissal of the Treaty as a 'simple nullity' lay deep arguments in regards to the position of Maori and Pakeha in Aotearoa New Zealand. these arguments are as correct now as they have been then

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

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