tikanga

Question 1

what is a rahui?

Answer 1

a rahui will be placed where someone has drowned OR where resources need time to regenerate (to restrict the gathering of a resource). the decision is made by the whole maori community together at a hui; it is a prohibition now law. there are spiritual consequences if you break it - non-maori included.

Question 2

what is the significance of the legal profession of land?

Answer 2

The recent personification of Te Urewera (as part of the Tuhoe treaty settlement) is an important example of Maori and the Crown adapting Western concepts to make sense in a Maori context. if we can give a company legal personhood, we can also give the environment. integration of state law and tikanga. no one would own Te Urewera. could suggest a move to a third law system.

Question 3

Who next discovered Aotearoa and when?

Answer 3

captain james cook - 1769

Question 3

who first discovered NZ, and when?

Answer 3

Abel Tasman - 1642

Question 4

what does dominion mean?

Answer 4

who owns/controls the land

Question 5

how do you acquire territory? and what would it mean you acquire?

Answer 5

put flag down, burry currency in land, or leave people from their boats to occupy the land and start populating it. you acquire DOMAN and EMPIRE. however you do not always become the owner of the land when you acquire sovereignty especially if people are living there.

Question 5

what is imperium/sovereignty?

Answer 5

who has control and power to make our decisions (our Parliament)

Question 6

what are the three ways imperium can be acquired if the land is already inhabited?

Answer 6

1. cession (a formal transfer of rights through e.g. a treaty). 2. conquest (winning a war). 3. discovery (terranulius - if the people there are not civilised enough)

Question 7

what is the Doctrine of native title?

Answer 7

there could be a change in sovereignty.imperium but the original owners still remain the owners of their property/dominion. BUT if the prior people were not considered “civilised” then the law allowed a loophole that enabled the land to be taken from them.

Question 8

what is De Vattel’s theory?

Answer 8

it would not matter if the land was already inhabited if:
1. the other nations were “erratic”
2. if it had a “scanty population”
3. such population were “incapable of occupying the whole” ie not sophisticated enough to occupy the whole land
4. unsettled habitation
5. were “savages” who made no actual and constant use of the land.

Question 9

how to acquire dominion?

Answer 9

discovery

Question 10

how to acquire imperium/sovereignty?

Answer 10

conquest, cession, discovery

Question 11

what happened when the Europeans moved to NZ?

Answer 11

between 1769-1839, Europeans lived in NZ under the control of Maori law.

Question 12

what decision was made in 1789?

Answer 12

british decided not to immediately acquire sovereignty of NZ

Question 13

what happened in 1817?

Answer 13

UK explicitly state the islands of NZ are NOT within his majesty’s dominions - clear recognition that Maori still had COMPLETE CONTROL over NZ land.

Question 13

what happened in 1814?

Answer 13

orders by the Governor of NSW stated that no ship shall, without permission of the chiefs, remove natives from NZ or land in or stay in NZ. strong example of Maori authority being recognised

Question 14

what happened in 1772?

Answer 14

French ship arrives in Bay of Islands, violates tapu, Maori kill 26 French people, then they kill 250 Maori

Question 15

what happened in 1831?

Answer 15

a french ship returns and this worries the Maori chiefs so they seek help from the British King

Question 16

what happened in 1833/4?

Answer 16

Britain responds and Busy is appointed by British Resident to provide better protection for Maori and help them retain sovereignty over their lands. 1834 Busby resues Maori from “evils” . reiteration that Maori were still in control and control was recognised by the British.

Question 17

what happened in 1834?

Answer 17

french planned to establish an independent Govt in NZ, in response, Busby calls a meeting of the Native chiefs to declare NZ an independent state under the United Tribes of NZ.

Question 18

what is the declaration of independence?

Answer 18

1835 - clearly acknowledges Maori sovereignty over these lands.

Question 19

what was importantly established in the Declaration of Independence?

Answer 19

the declaration uses the term of tino rangatiratanga (Maori sovereignty translation). according to He Whakaputanga, all sovereign power and territory reside entirely in the chiefs in their collective capacity. chiefs were to meet in Waitangi annually to frame laws for the common country.

Question 20

what was acknowledged in the Declaration of Independence?

Answer 20

King and Britain continue to be a parent state to NZ but NZ is now an independent entity.

Question 21

what happened in 1837?

Answer 21

different kind of language was used to describe Maori

Question 22

What did the letter from Sir Bourke to Lord Glenelg say

Answer 22

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

Question 23

6 key events leading to the british acquisition of sovereignty?

Answer 23

(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.

Question 24

article 1 of tiriti vs TOW

Answer 24

Transfer of governance (kawanatanga)
/ Transfer of sovereignty

Question 25

article 2 of tiriti vs TOW

Answer 25

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.

Question 26

what was the difference in the treaties?

Answer 26

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).

Question 27

QUESTION: DID THE BRITISH ACQUIRE NEW ZEALAND BY CESSION (i.e. THROUGH TOW)?

Answer 27

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?

Question 28

what does “Taonga tuku iho” mean?

Answer 28

treasures passed down from our ancestors

Question 29

what is the relevance of Te Ture Whenua Mãori Act 1993?

Answer 29

Recognises land as a “Taonga tuku iho”

Question 30

when was the Maori Land Court been in our system?

Answer 30

1862; previously known as the native land court