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

By David V. Williams

When the recent Zealand ideal courtroom governed on Wi Parata v the Bishop of Wellington in 1877, the judges infamously brushed off the relevance of the Treaty of Waitangi. prior to now 25 years, judges, legal professionals, and commentators have castigated this “simple nullity” view of the treaty. The notorious case has been noticeable as symbolic of the overlook of Maori rights via settlers, the govt., and New Zealand legislations. during this e-book, the Wi Parata case—the protagonists, the origins of the dispute, the years of criminal again and forth—is given a clean look, affording new insights into either Maori-Pakeha kin within the nineteenth century and the criminal place of the treaty. As proper this present day as they have been on the time of the case ruling, arguments in regards to the position of Indigenous Maori and Pakeha settlers in New Zealand are dropped at light.

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The most hopeful of the scholars of the Central School may be trained in the Native Teachers’ Institution, to be thence allotted, from time to time, as schoolmasters under the Missionaries, to reside with them, and assist them in the duties of their Stations, till they see fit to place them out as teachers in the native villages at a distance from the Station. From among the teachers so trained and approved I should hope to be able hereafter to select Candidates for Holy Orders. Later in 1847 the question arose as to whether there might be two central colleges – St John’s for the northern part of the colony, and a new college in a southern district where new dioceses, it was hoped, would soon be created.

In the year 1850, a grant from the Crown was, without the knowledge or consent of the tribe, issued to the Lord Bishop of New Zealand. . No school of any kind was ever established at Porirua, nor has any school been maintained, or any of the trusts mentioned in the grant been performed. That the said grant, so far as it purports to be a grant for the education of children, is a violation of the agreement between the donors of the lands and the Bishop of New Zealand, and is a fraud upon them.

The Wairau ‘deed of sale’ on 18 March 1847 was a blanket purchase of a very large territory in what is now Marlborough, with the reservation of smaller areas for Ngati Toa. There were just three signatories – Tamihana, Matene and Rawiri Puaha. 24 In the latter instance the same three Christian chiefs were joined by another five signatories. A Waitangi Tribunal Rangahaua Whanui Series report, published in 1996, commented on the Porirua deed as follows:25 . . it may be doubted whether these signatories represented the full and willing consent of Ngati Toa to the alienation of this territory.

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