LEGAL STATUS OF THE TREATY OVER TIME Flashcards
what is the difference between article 1 of both treaties?
transfer of governance (kawanatanga) vs transfer of sovereignty (TOW). English version says they cede sovereignty, but Maori version says that they gave the British the right to be able to govern their own British people in NZ
what is the difference between article 2 of both treaties?
retaining tino rangatiratanga (more like sovereignty) vs possession
what did te tiriti say?
no cession, maori retain imperium and dominion
what did the TOW say?
cession ceded, maori retain property
5 examples of legislation that recognises the treaty
Te Ture Whenua Maori Act 1993, MLC, Envi Court, treaty settlemtns, property relationships act 1976
what was the legal relevance of takamore v clarke 2012?
example of the common law recognising the influence tikanga has on our common law - SC saying that Tikanga is part of the common law in NZ
what was the legal relevance of ellis v r?
Tikanga is the first law, reflects values that are older than our nation, principles are enduring and readily identifiable, common law must serve all in society including maori. cant pick and chose elements.
what is a colony?
a territory under the immediate political control of a state, distinct from the home territory of the sovereign
what is a dominion?
a semi-independent entity under the British Cown that constituted part of the British Empire
what is a realm?
a fully independent nation, with a British monarch as the Head of State.
what is a republic?
a fully independent nation where supreme power is held by the people with an elected or nominated Head of State - POTENTIALLY MORE INVOLVEMENT OF TREATY
when were we a colony?
may 1840 - Sovereignty over NZ. (TOW for North Island, Terra nullius for South Island). november 1840 - Queen declared NZ to be a separate COLONY
when were we a dominion?
King declared NZ to be a dominion in 1907
when were we a realm?
1931 - current. England passed legislation allowing their dominions to become realms, BUT NZ didn’t do until 1947. (when we became fully independent)
what caused us to become a realm?
no longer wanted to have the legislative council, by becoming a realm we could abolish it without having to get Britain to do it for us.
