Tikanga and The Treaty Flashcards
Define tikanga
Maori customary values and practices
What are the 5 key values of tikanga?
Whanaunatanga, mana, tapu, utu, kaitiakitanga
Outline the 6 key events of Britain gaining sovereignty over NZ
June 1839 - Letters Patent - NSW enlarged to include NZ if Britain gain sovereignty
August 1839 - Britain acknowledges New Zealand as sovereign as much as Maori can be… dispersed petty tribes (South Island)
January 1840 - Governor Gipps proclaims NSW jurisdiction extended to NZ and only land purchased by the Crown to be recognised
February 6 1840 - Treaty signed
May 1840 - Hobson proclaims full British sovereignty, claimed cession of the North Island and Discovery of the South Island.
October 6 1840 - Ratification of Hobsons proclamations from British point of view, sovereignty by the end of 1840
What are the three key cases that recognise the values of tikanga?
Keelan v Peach (2002)
Takamore v Clarke (2012)
Ellis v R (2019)
Why did the Maori chiefs sign the treaty
A combinations of reasonings, often varying from chief to chief. The reasons included protection of their interests, economic factors, recognition of their authority.
What are the key differences between The Treaty of Waitangi and Te Tiriti o Waitangi
Crown acquires kawangatanga (governance)
Maori retain tino rangatiratanga (sovereignty) AND lands, home and treasuries (property).
No cession ceded
Crown acquires sovereignty (Maori cede sovereignty)
Maori retain full and undisturbed possession of property
cession ceded
Both texts Crown gets right of preemption
What are Maori Aspirations for the Constitution?
Matike Mai: Develop a model for an inclusive constitution which is based on the relevant values of tikanga and the legislation and decisions that reflects those values. The constitutional vision is to establish a model including three spheres
Tino Rangatiratanga sphere (Hapu/Iwi assembly), Kawanataga sphere (the Crown), Relational sphere (joint deliberate body). these aspirations are wanted because the treaty is overlooked in our current constitution
Principles of the Treaty outlined in NZ Maori Council vs AG.
Partnership
Active protection of Maori
Good faith
Duty to redress past wrongs
Duty of reasonableness
Cooperation
Consultation
Principles of Matike Mai
The value of tikanga
The value of community
The value of belonging
The value of place
The value of balance
The value of conciliation
The value of structure
