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

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 backward and forward - affording new insights into either Maori-Pakeha kinfolk within the 19th century and the criminal place of the Treaty of Waitangi. In 1877, the recent Zealand best courtroom made up our minds a case, Wi Parata v Bishop of Wellington, that concentrated at the possession and use of the Whitireia Block, close to Porirua. Ngati Toa had given this land to the Anglican Church for a school that was once 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 tool alleged to cede the sovereignty - a question with which we're not without delay involved - it needs to be considered as an easy nullity.' during 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 overlook of Maori rights by way of settlers, govt and the legislations in New Zealand. The actual history to the Wi Parata case, Williams argues, tells us a lot approximately nineteenth-century Maori appearing as they inspiration top for his or her humans and approximately debates in Pakeha jurisprudence over the popularity or rejection of frequent Maori rights. in the back of the plain dismissal of the Treaty as a 'simple nullity' lay deep arguments in regards to the position of Maori and Pakeha in Aotearoa New Zealand. these arguments are as proper now as they have been then

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