BLAW211: Te Titiri o Waitangi
Date of Signing
6 February 1840
Reason for Treaty
- to establish order
- create safety and control Maori
- created by Lt Governor Hobson
Nature of Treaties in Law
- agreement between sovereign states
- recognised as binding in International Law
- breaches have consequences e.g Russia's trade sanctions
- is not a law of state
Treaty of Waitangi Legality
- not a legal statute
- not an act of parliament
- principles extracted and used in legislation however
Issues with signage of Treaty
- drafted by Hobson's staff (no training)
- drafted hastily
- given to ONE missionary to translate
- two copies (one English, one Maori)
- Contra proferentum: copies not the same
- Maori words did not reflect true meaning of English words
Provisions of the Treaty
- sovereignty to the Queen (different meanings of soverignity)
- undisturbed possession of Land forests, fisheries and other properties (different meaning of possession)
- exclusive right of pre-emption of land
- status of British subjects to Maori people
The Treaty Today
- Many acts refer to the Treaty
- Aid to Interpretation
- proposal to entrench treaty in constitution
Treaty of Waitangi Act 1975
- Breach of Treaty can bring claims to Tribunal
- investigate claims
- decisions are not binding