Framework of Law (C Treaty of Waitangi)
Tuesday, 27 August 2013
1:07 p.m.
Part C: The Treaty of Waitangi
The text
Article 1: "the transfer of sovereignty from Maori to the British Crown"
the Maori text distinguished between:
te tino rangatiratanga (chieftanship) - this was retained
kawanatanga (governance) - this was transferred
Article 2: "the Crown should protect Maori property rights"
the Crown would protect lands, villages and treasures (taonga)
the Maori text states that the Maori retain autonomy of Maori within their own spheres.
prime source of Maori grievances: the Maori thought that they were giving away less than what was actually taken. 
eg. land confiscation.
Article 3: "extends to Maori all rights and privileges of citizenship"
state has duty to take affirmative action to address negative social indicators
eg. Te Whanau o Waipareria Report
Crown must take special measures to ensure Maori attain equal enjoyment of social rights and benefits.
Ratification
under common law, treaties must be ratified to be part of local law.
the Treaty of Waitangi has not been ratified by either British or NZ Parliament.
principles of Treaty have been adopted into legislation.
Waitangi Tribunal
the role of the Tribunal is to make non-binding recommendations for both historical grievances and contemporary claims.
the four main principles of the Treaty are:
analogy to fiduciary duty/trusteeship.
spirit of co-operation -- no unreasonable demands.
honour of the Crown -- acting in good faith.
fair and reasonable redress.
major Treaty settlements include:
Sealord settlement (1992) 
Wai 262 - note acknowledged failures such as Tohunga Suppression Act (1907) in force until 1967.
The principles of the Treaty are only enforceable when adopted in domestic law.