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

By David V. Williams

When the hot Zealand perfect courtroom governed on Wi Parata v the Bishop of Wellington in 1877, the judges infamously pushed aside the relevance of the Treaty of Waitangi. in the past 25 years, judges, legal professionals, and commentators have castigated this “simple nullity” view of the treaty. The notorious case has been visible as symbolic of the overlook of Maori rights through settlers, the govt., and New Zealand legislations. during this e-book, the Wi Parata case—the protagonists, the origins of the dispute, the years of criminal again and forth—is given a clean look, affording new insights into either Maori-Pakeha kinfolk within the nineteenth century and the criminal place of the treaty. As appropriate at the present time as they have been on the time of the case ruling, arguments in regards to the position of Indigenous Maori and Pakeha settlers in New Zealand are dropped at light.

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Extra resources for A Simple Nullity?: The Wi Parata Case in New Zealand Law & History

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In the pages that follow I will demonstrate, drawing on archival records, that many of the ‘facts’ alleged in that declaration are erroneous. Other allegations formulated by Parata’s lawyer are misleading, at best, and still others are highly contestable. What scholars apparently fail to appreciate is that none of the ‘facts’ in the declaration were ever proved in the court case. The man bringing the case, Wiremu Parata Te Kakakura, was never called to the witness box to give evidence. Indeed, in his old age he recalled, and complained, that he ‘did not appear in person before the Supreme Court, the matter was conducted in another room, and there it was decided that this land was Crown land, and apparently the original gift by the Maoris 43 a simple nullity?

On the sale, the natives evinced considerable anxiety for the release of Te Rauparaha, but they were given distinctly to understand that he would not be liberated”. George Clarke, writing on 3 October 1848, placed an adverse construction upon this refusal. He described the sale as a “disreputable bargain”: “Thompson, Rauparaha’s nephew, remonstrated against the proceedings but by threats to retain Rauparaha withdrew his remonstrance, and when the Governor was told that the bargain was incomplete without the consent of Rangihaeata the Govr.

He described the sale as a “disreputable bargain”: “Thompson, Rauparaha’s nephew, remonstrated against the proceedings but by threats to retain Rauparaha withdrew his remonstrance, and when the Governor was told that the bargain was incomplete without the consent of Rangihaeata the Govr. ” Those who engage in bridge-building exercises, designed to bring an end to conflict, may be treated with suspicion and hostility from their own 34 an ‘exemplary haven’ in a troubled land people as well as from those with whom they negotiate.

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