Treaty Of Waitangi Case Study

Great Essays
Show More
Question 1: Māori Magna Carta or Mega-Fraud?
The quote from the preface to The Treaty of Waitangi Companion: Māori and Pākehā from Tasman to Today provides a fascinating insight into the contemporary conceptions that people have of the Treaty of Waitangi.

The quotation is broad in its content and has so many different facets. I am taking the approach that each of the various aspects speaks to the principal question posed in the quote, and is, is the Treaty of Waitangi a Māori Magna Carta or Mega-Fraud.

The Manga Carta 1215 (1297)
The phrase Māori Magna Carta or Mega-Fraud is an interesting phrase. The Magna Carta is a fundamental constitutional document not only to the United Kingdom but also to New Zealand and many other countries that …show more content…
H. McLintock fought hard to discredit the Treaty of Waitangi claiming it to be "merely a praiseworthy device for assuming and pacifying savages." To which the British Government would have a bar of, and they said, "You will honorably and scrupulously fulfill the conditions of the Treaty of Waitangi."

This viewpoint of Māori being savages seems to be entrenched into people’s thought processes as Prendergast CJ in Wi Parata v Bishop of Wellington (1877) said that Māori were "primitive barbarians" and there unable to sign the Treaty of Waitangi and as such he said the Treaty of Waitangi was a “simple nullity” and had no legal force whatsoever. It is interesting to note that A. H. McLintock refers to Māori as savages in his encyclopedia.

Founding Document
The Treaty of Waitangi is said by many to be the founding document of modern New Zealand, and as such some argue that it should be entrenched into our constitution. New Zealand is unique in that it is one of only a few countries (the United Kingdom and Israel) not to have a written constitution. A written constitution is an essential foundation for any legal system. One does not have to further than the Constitution of the United States of America. The constitution like the Treaty of Waitangi also has many various interpretations, but it is nonetheless and entrenched the

Related Documents

  • Improved Essays

    The Impact Of John Batman's Treaty On The Aboriginals
    • 781 Words
    • 4 Pages

    The Impact Of John Batman's Treaty On The Aboriginals

    In 1835, John Batman was sponsored by a group of businessmen in Tasmania to travel to what we now know as the state of Victoria in order to find usable land for sheep farming. John arrived in Port Phillip Bay and found that the land in Melbourne was perfect. He then met with Aboriginal elders (as seen in source 1) and negotiated a settlement treaty which he traded 234,000 hectares of Victorian land for an annual payment of goods and protection services. This treaty benefited the Europeans more than it benefited the Aboriginals but both Source 1: Batman's treaty with the aborigines at Merri Creek, 6th June 1835, John Wesley Burtt, communities were impacted positively and negatively by this event. John Batman’s treaty undoubtedly benefited…

    • 781 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Rethinking Treaty Six Neal Mcleod Analysis
    • 1061 Words
    • 5 Pages

    Rethinking Treaty Six Neal Mcleod Analysis

    Neal McLeod’s “Rethinking Treaty Six” focuses on the creation and results of Treaty Six while documents 2.3, 2.5, 2.6 and 2.7 in Keith Smith’s Strange Visitors focuses on Treaty 7; both accounts highlight how there are different views of the treaties impact depending on the document and party involved. Written accounts were from the British perspective who imposed regulations while oral accounts were from Indigenous people who had to endure dire conditions following the treaties. Smith’s primary documents outline the articles in Treaty 7, the consequences that Indigenous people faced and oral accounts of the events. McLeod focuses on the need to reexamine history and the importance of understanding past events from an Indigenous perspective;…

    • 1061 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    The Mabo Decision
    • 884 Words
    • 4 Pages

    The Mabo Decision

    Outline the importance of the Mabo Decision, Native Title Act and Wik Judgement for the Land Rights movement (5 marks)
The Land Rights movement aimed to lead Aboriginal people towards regaining access and ownership to their sacred sites and traditional lands that were lost by European settlement. This movement was instigated by Charles Perkins through his Freedom Ride in 1965 and Vincent Lingiari, the elder of the Gurindji people, who promoted the Wave Hill Strike in 1966. In 1992, Eddie Mabo, on behalf of the Murray Island people, successfully overturned the concept of ‘terra nullius’ in the High Court as they ruled that Australia was occupied at the time of British settlement. In due course, this decision led to the creation of the Native…

    • 884 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    How Did The United States Declare War With Britain
    • 670 Words
    • 3 Pages

    How Did The United States Declare War With Britain

    The war of 1812 was a war between the United States and Great Britain. The war lasted from 1812 to 1815. There were several reasons in why the war took place. One reason the war took place was because Britain was interfering with America’s trade and they were taking their ships. Another reason is because the United States felt as if Britain did not treat them like an independent country, this lead them to believe that British was providing the Native Americans with guns so they can be able to attack the American settlers.…

    • 670 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Eva Macky Summary
    • 957 Words
    • 4 Pages

    Eva Macky Summary

    The first reading addressed was “Settling differences: Managing and representing people and land in the Canadian national project.” by Eva Mackey. One of the first concepts Mackey discusses is the idea of “white settler innocence” (p. 26), which explores how European settlement in Canada claimed to be superordinate to the Native people already residing on the land, but seemingly treated them fairly, giving them land and autonomy, when in fact their intent was secretly selfish. Because of this “white settler innocence” (p. 26), Canada garnered a reputation as an accepting and tolerant nation, in particularly towards the Native people, especially when compared to the United State’s treatment of Native people. When in fact Canadian’s only used…

    • 957 Words
    • 4 Pages
    Improved Essays
    Read More
  • Superior Essays

    The Importance Of Government In Harold Johnson's Novel
    • 1369 Words
    • 6 Pages

    The Importance Of Government In Harold Johnson's Novel

    From the very first section of the novel, Harold Johnson shows himself to be a frank individual who doesn’t hesitate to share his opinion. Essentially, this quality attracted me most to this book as many individuals write about topics like these, but none I’ve come across have dared to speak and point their finger against our society, the government and the atrocious tactics implemented by them to maintain this capitalistic society. Throughout the semester, when we discussed Jim Pankiw and other such topics, I was always left wondering that if the government truly regrets their actions and wishes to help and elevate the Aboriginal population, why do they continue to act in ways that increases their dependence on the government? Providing some answers to my questions, Harold Johnson also says, “Now that you know, every day that it continues I can impute intention to you, Kiciwamanawak” (p. jdkhfa). As he continues expressing his perspectives, the importance of this…

    • 1369 Words
    • 6 Pages
    Superior Essays
    Read More
  • Improved Essays

    Mabo Case Study
    • 1319 Words
    • 6 Pages

    Mabo Case Study

    The Mabo Decision was the result of Eddie Koiki Mabo 's efforts to campaign for Aboriginal civil and land rights, a response to the discrimination Aboriginal communities have been subjected to in their own land, beginning from the arrival of the First Fleet and continuing to the present day despite numerous efforts. Prior to Mabo, the policies of Terra Nullius and Crown Land were seen as an unfair violation, and no representatives from the Aboriginal and Torres Strait Islander community decided to litigate it in court until Mabo and others from Murray Island took initiative. Eddie Mabo 's campaign for civil rights succeeded through legislation such as the Mabo Decision, Native Title Act, and the Wik Decision. Their campaign was highly effective in the way of Aboriginal civil rights; the Mabo case and its subsequent outcomes became significant for the Aboriginal and Torres Strait Islander community.…

    • 1319 Words
    • 6 Pages
    Improved Essays
    Read More
  • Improved Essays

    Native American Treaty Making
    • 1295 Words
    • 6 Pages

    Native American Treaty Making

    Ben Nighthorse Campbell, a Cheyenne Indian and past U.S Senator, once said, “treaties are promises between two nations. And whether they are going to be valid or not, and whether they are going to last or not, is based on the heart and belief of the people that are participating.” (Harjo,221). This short statement is packed with reference to historical treatment and intent of American Indian treaties, acknowledgement of the continued power of treaty making in the present and the lasting social, economic, legal and strategic impacts of reclaiming sovereignty. These sentiments reveal that treaty making has had an extensive effect on the daily lives, both past and present, of countless American Indians as well as American ideology and law.…

    • 1295 Words
    • 6 Pages
    Improved Essays
    Read More
  • Improved Essays

    Chief John Ross: An Argument Against The 1835 Treaty Of New Echota
    • 876 Words
    • 4 Pages

    Chief John Ross: An Argument Against The 1835 Treaty Of New Echota

    The piece of evidence that proves the treaty was made wrongfully was that the people representing the Cherokee in the meeting were not chosen by the Cherokee and, also had no authority to do so. John Ross explains this and then states, “therefore said instrument is null and void, and can never in justice be enforced upon the nation” (John Ross’s Letter). It does not make sense that a treaty affecting thousands of people's lives was made without the acknowledgment of the people it was affecting. This treaty drastically changed the Cherokees lives, and it was determined by people who were not chosen by the Cherokee, or given permission to do so.…

    • 876 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Reflection On First Nations Studies
    • 1487 Words
    • 6 Pages

    Reflection On First Nations Studies

    Through the progression of this course, various aspects of history were viewed, in addition to concepts that are still associated to the lives of Aboriginal peoples today. While carrying some previous, biased knowledge on the topics discussed, First Nations Studies allowed the development of many ideas as well as the differing perspectives on each. Via the use of assorted reading selections, tutorial discussions, guest speakers, lectures, and a variety of other forms, I was able to take away a unique understanding, different to the one I had prior, which in turn educated me on Indigenous communities. This course attempted to bypass the anger that has been accumulated over the years, and portray information in order to avoid further issues…

    • 1487 Words
    • 6 Pages
    Improved Essays
    Read More
  • Improved Essays

    Reconciliation Of Aboriginal People Essay
    • 1149 Words
    • 5 Pages

    Reconciliation Of Aboriginal People Essay

    Based off the history of indigenous peoples in Canada, one thing is for certain; discriminatory and inhumane acts by European conquest, towards a unique culture has altered the Aboriginal way of life we see in Canada today. While the Truth and Reconciliation Commission (TRC), has been evolving and developing for multiple years, these 94 recommendations give important insight and suggestions in how the nation of Canada can move away from this unjust history, reconcile and work towards becoming a stronger nation. While it may seem that reparations are impractical from the devastations of such events as the Indian residential schools, the TRC has been a timely process with the intent to restore an altered Aboriginal life and strengthen ties with…

    • 1149 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    War Of 1812 Dbq Essay
    • 923 Words
    • 4 Pages

    War Of 1812 Dbq Essay

    The war of 1812 is a war that took place in Great Britain amongst a conflict that had a huge impact of today. The war lasted from 1812 to 1815. The United States endured many defeats at the hands of British, Canadian and Native American troops during the war of 1812. The war had a huge impact on not only Americans, but many other countries directly and indirectly. In addition the United States was justified in the declaring the war of Britain because of the unjustly actions of the other countries against the United States.…

    • 923 Words
    • 4 Pages
    Improved Essays
    Read More
  • Great Essays

    John A. Macdonald's Relationship With Aboriginal Peoples
    • 1780 Words
    • 8 Pages

    John A. Macdonald's Relationship With Aboriginal Peoples

    150 years have passed since the date of Confederation, and just like any other anniversary, varying responses and reflections are expected. The resulting reflections have manifested into the works of many scholars and historians throughout the span of 150 years, each varying in opinion, context and approach. It is important to explore differing sources in the pursuit of the truth. The following articles “John A. MacDonald’s Aryan Canada” by Timothy Stanley, “John A. MacDonald: A Founder and Builder” by Thomas B. Symons and “MacDonald’s Relationship with Aboriginal Peoples” by Donald B. Smith provide different outlooks on the life and complicated legacies of John A. MacDonald both before, during and after Confederation, offering insight to his policies and their subsequent effects that remain prevalent today, especially to Indigenous peoples.…

    • 1780 Words
    • 8 Pages
    Great Essays
    Read More
  • Superior Essays

    John Locke Terra Nullius
    • 2242 Words
    • 9 Pages

    John Locke Terra Nullius

    The legal concept of terra nullius is a Latin expression deriving from Roman law, meaning "nobody's land". It is used in law to define a region which has not been subject to the sovereignty of any state, or any previous sovereign has relinquished power. Sovereignty over territory which is considered a terra nullius may usually be acquired through colonisation. However, historians also to use the term to showcase a set of opinions prevalent in colonial administrators. While the concept is not used openly in Governor Richard Bourke’s 1835 proclamation, the idea which was an international reason for justifying colonisation, was an underlying mentality towards its creation.…

    • 2242 Words
    • 9 Pages
    Superior Essays
    Read More
  • Improved Essays

    Decolonizing Methodologies Research And Indigenous People By Linda Tuhiwai Smith Analysis
    • 1044 Words
    • 5 Pages

    Decolonizing Methodologies Research And Indigenous People By Linda Tuhiwai Smith Analysis

    Smith analyses how white researchers impose their views on Maori people. It reviews the significance of indigenous perspectives on research and attempts to account for how and why such perspective has been developed. It provides a sense of reality that Indigenous communities have quite valid fear about the future loss of intellectual and cultural knowledge. Linda Smith discusses her use of the term “Indigenous People” and depicts a picture of their survival and how they have struggled from disease, dislocation, language, cultural loss and how the impact of the western researcher affects the identity of this Indigenous community. The indigenous social movement started with the frustration and their motive now shifted from survival to restoration and revitalization, is concerned with issues of sovereignty, education, health and justice, system development, land titles and other politics of self…

    • 1044 Words
    • 5 Pages
    Improved Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings