tikanga Flashcards

Question

What did the letter from Sir Bourke to Lord Glenelg say

Answer 1

endorse Hobson's proposal to create commercial establishments and place British subjects under their own laws. NOT A CO-INCIDENCE

Answer 2

(1) June 1839: Letters Patent state that NSW can be enlarged to include NZ if the British acquire sovereignty. This was legally opening the possibility of NZ becoming part of the NSW colony. August 1939: British issued explicit instructions acknowledging NZ as sovereign as far as (3) possible. The language used to describe Mãori was "dispersed petty tribes". January 1840: Governor Gipps' Proclamations- only land purchased from the British Crown is to be recognised + jurisdiction of NSW extended to NZ (4) 6 February 1840: the TOW starts to be signed (some chiefs signed at a later date). (5) 21 May 1840: Hobson proclaims full British sovereignty over all of NZ. - NOTE: Not all Mãori had signed the treaty yet (e.g. not those in the South Island), so the British claimed sovereignty here through cession (agreement) in relation to the North Island and by discovery (terra nullius) over the South Island. (6) 2 October 1840: ratification of Hobson's Proclamations.

Answer 3

Transfer of governance (kawanatanga) / Transfer of sovereignty

Answer 4

Mãori retain tino rangatiratanga (the unqualified exercise of their pos chieftainship) over their lands, villages, properties and treasures. // Mãori granted exclusive and undisturbed possession over lands, estates, forests, fisheries and other properties. possession= Means itc an be taken of it The Crown has the exclusive right of pre-emption. // The Crown has the exclusive right of pre-emption. Mãori have the Queen's protection and all rights accorded to British subjects. // Mãori have the Queen's protection and all rights accorded to British subjects.

Answer 5

Under Article 1, the English version says that Mãori ceded sovereignty to the British. However, the Mãori version simply says that they gave the British the right to be able to govern their own British people in NZ. Under Article 2, the English version says that Mãori were granted the exclusive and undisturbed POSSESSION of their lands. However, the Mãori version used the phrase tino rangatiratanga, which perhaps more accurately represents the idea of sovereignty. * Te Tiriti- no cession, Mãori retain imperium and dominion * Treaty of Waitangi- cession ceded, Mãori retain property. Importantly, both versions of the Treaty are alive to the law of nations. - There is a recognition that there is a distinction between sovereignty and property (imperium and dominium). - Even under the English version, (with the change in sovereignty), Mãori still retained ownership of all the property in NZ until they wished to do something with it. ALSO NOTE: Even in the English version, there is still a recognition that Mãori were civilised enough to have held sovereignty (so they could cede it).

Answer 6

According to the English version, Mãori ceded their sovereignty but retained their property. According to the Mãori version of the text, no cession was ceded. Mãori retained imperium and dominion. AND, importantly, the Mãori version was the one Mãori signed. The Waitangi Tribunal have clearly stated that in 1840, Maori had NOT ceded their sovereignty. SO, the question is: did they ever cede their sovereignty? AND what does this mean?

Answer 7

treasures passed down from our ancestors

Answer 8

Recognises land as a "Taonga tuku iho"

Answer 9

1862; previously known as the native land court