New PDF release: A Simple Nullity?: The Wi Parata Case in New Zealand Law &

By David V. Williams

ISBN-10: 186940484X

ISBN-13: 9781869404840

When the hot Zealand ultimate courtroom governed on Wi Parata v the Bishop of Wellington in 1877, the judges infamously brushed off the relevance of the Treaty of Waitangi. up to now 25 years, judges, attorneys, 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 family within the nineteenth century and the felony place of the treaty. As correct at the present time as they have been on the time of the case ruling, arguments concerning the position of Indigenous Maori and Pakeha settlers in New Zealand are delivered to light.

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

Example text

In any case, rather than dwell on the dubious legitimacy of the 1844 and 1847 land cession deeds, my concern in this book is to focus on the positive role Tamihana played in initiating a gift of Ngati Toa land for a church college. The real facts of this gift transaction are little known and I will turn to them in the next chapter. Maori Christian converts – some historiographical debates Before turning to the specifics of the gift of the Whitireia land, though, I conclude this chapter with some comments on historiographical debates about the roles played by Maori Christians in the early years of the colonial era.

Grey had suspended ordinary law with a number of proclamations of martial law and issued orders for colonial military forces (including some local Maori, mostly members of Te Atiawa) to attack Pauatahanui in order to arrest Te Rangihaeata. Some defenders and attackers were killed in various skirmishes, but in September 1846 Te Rangihaeata escaped with the bulk of his followers to the region of Poroutawhao in Manawatu. There they remained beyond the reach of the colonial forces. The Queen’s writ did not 31 a simple nullity?

Neither Ngati Toa nor the Wellington Diocese had an opportunity to offer their perspectives on the facts concerning the contested block of land. As there was no trial on the facts, none of the facts alleged were either proved or disproved. The procedural reasons for this are clear. The case was argued purely on questions of law. A form of pleading, then called a demurrer, was filed on behalf of the Attorney-General representing the Crown in civil litigation. A demurrer was a statement of opposition by a defendant to a declaration filed by a plaintiff.

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

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