Download A Simple Nullity?: The Wi Parata Case in New Zealand Law and by David V. Williams PDF

By David V. Williams

David V. Williams takes a clean examine the infamous Wi Parata case - the protagonists, the origins of the dispute, the years of criminal from side to side - affording new insights into either Maori-Pakeha family within the 19th century and the criminal place of the Treaty of Waitangi. In 1877, the recent Zealand ideally suited courtroom made up our minds a case, Wi Parata v Bishop of Wellington, that focused at the possession and use of the Whitireia Block, close to Porirua. Ngati Toa had given this land to the Anglican Church for a faculty that used to be by no means equipped. during refusing to inquire into the possession of the block, the judges brushed aside the relevance of the Treaty of Waitangi: 'So a long way certainly as that device alleged to cede the sovereignty - an issue with which we aren't at once involved - it needs to be considered as an easy nullity.' over the last twenty-five years, judges, attorneys and commentators have castigated this 'simple nullity' view of the Treaty. The 'infamous' case has been noticeable as symbolic of the forget of Maori rights via settlers, executive and the legislation in New Zealand. The genuine heritage to the Wi Parata case, Williams argues, tells us a lot approximately nineteenth-century Maori performing as they suggestion top for his or her humans and approximately debates in Pakeha jurisprudence over the popularity or rejection of universal Maori rights. at the back of the plain dismissal of the Treaty as a 'simple nullity' lay deep arguments concerning the position of Maori and Pakeha in Aotearoa New Zealand. these arguments are as suitable now as they have been then

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