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A Simple Nullity: The Wi Parata Case in New Zealand law and History

A Simple Nullity: The Wi Parata Case in New Zealand law and History (Paperback)

By Williams, David V.

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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 c...ase, 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.
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ISBN 9781869404840
Published NZ 3 Jun 2011
Publisher Auckland University Press
Format Paperback
129 In-stock at publisher; ships 7-14 working days

Full details for this title

ISBN-13 9781869404840
Stock Available
Status In-stock at publisher; ships 7-14 working days
Publisher Auckland University Press
Imprint Auckland University Press
Published 3 Jun 2011
Publication Country New Zealand New Zealand
Format Paperback
Author(s) By Williams, David V.
Category Indigenous Peoples
Land Rights
English legal system
Law Reports
NZ, Maori & Pasifika
Number of Pages 304
Dimensions Width: 154mm
Height: 228mm
Spine: 18mm
Dewey Code 346.930432
Weight 452g
Interest Age 14+ years
Reading Age 14+ years
Library of Congress Maori (New Zealand people) - Civil rights - History - 19th century, Parata, Wiremu - Trials, litigation, etc, Hadfield, Octavius - Trials, litigation, etc, Maori (New Zealand people) - Land tenure - Law and legislation, Ngati Toa (New Zealand people) - Land tenure
NBS Text Social Studies: General
ONIX Text Professional and scholarly;General/trade