Treaty of Waitangi

Question 1

English v Maori?

Answer 1

There may have been a difference in intention in the Maori and English versions of the Treaty.

Question 2

Is ToW binding?

Answer 2

Not part of NZ statute. Cannot be considered in international law.

Question 3

Principles of the ToW

Answer 3

1) Maori and British act in good faith towards one another.
2) Active protection of Maori by Crown.
3) Right of Crown to govern.
4) Maori rangatiratanga over land and culture.
5) Right of redress in event of breach.

Question 4

Cases related to ToW

Answer 4

1) R v Symonds. Good favour to Treaty.
2) Wi Parata. Simple nullity.
3) Sealord Case. NZ Fisheries Settlement Act.
4) Lands case. Principles of Treaty.