By David V. Williams
When the recent Zealand ideally suited courtroom governed on Wi Parata v the Bishop of Wellington in 1877, the judges infamously brushed aside the relevance of the Treaty of Waitangi. in the past 25 years, judges, attorneys, and commentators have castigated this “simple nullity” view of the treaty. The notorious case has been visible as symbolic of the overlook of Maori rights by means of settlers, the govt., and New Zealand legislation. during this publication, the Wi Parata case—the protagonists, the origins of the dispute, the years of felony again and forth—is given a clean look, affording new insights into either Maori-Pakeha family within the nineteenth century and the criminal place of the treaty. As proper at the present time 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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Extra info for A Simple Nullity?: The Wi Parata Case in New Zealand Law & History
The spelling controversy reached a crescendo in 2009 when the New Zealand Geographic Board recommended that the official spelling of the district’s name be changed to Whanganui. 6 Few people engaged in this spelling debate seemed to be aware that when New Zealand Company settlers first arrived in this district in the early 1840s the digraph ‘wh’ did not exist in written Maori. The letters ‘w’ and ‘h’ are two quite different letters of the modern English language alphabet comprising 26 letters. Written English uses a number of digraphs, but they are not considered part of the alphabet.
The gift was in the nature of a bribe with the hope, on the Governor’s part, that Te Rangihaeata would cease charging the tolls he imposed on settlers using the Foxton–Levin beach road. 18 It was not only in the Manawatu swamps adjacent to the Foxton–Levin beach that the Queen’s writ was ineffective in the 1840s. The Queen’s writ, in its normal manifestations, was not observed in 1846 either in the colonial military encampments at Porirua or in the New Zealand Company settlement at Wellington. In reliance on the Governor’s proclamation of martial law, and with little or no pretence at complying with due process, a court martial held at Paremata, Porirua, sentenced one prisoner to death from those caught defending Pauatahanui and he was executed.
The Maoris were pleased with that proposition because the word came from the Bishop, and they gave up the land to the Bishop in accordance with his word that it was to be used for religious and educational purposes. They did not understand the Bishop would keep the land for himself, and it was not understood that the Bishop would take a larger piece of land than it was intended he should have. The Maoris saw the survey but did not object because they thought it was being done in accordance with the agreement.