The Treaty Of Waitangi And New Zealand Essay

In 1840 the Māori chiefs and the English crown signed the Treaty of Waitangi which showed the dual heritage between the cultures and to develop a partnership to develop a shared future as we have today. This historical event has big impacts on Te Whāriki the way it was created with both Māori and Pākehā input to develop a curriculum that supports every child to develop as confident and competent learners. “.. all

The first paper by Ladner and Orsini, (2003) gives a detailed account, review and analysis of the First nations governance act. The paper reflects on the act and provides arguments supporting the fact that it is an example of a gentler, subtle form of colonialism that is still in practice today. It argues that although the government has well researched the problems affecting the first nations, it has not efficiently advocated the involvement of these people in their own welfare and improvement.

12th March 1915: The day hadn’t started out differently to any other day. I had just been out to milk the cows and feed the calves. As I was walking back to the farmhouse for breakfast, I met Dad, who had come back from the markets. He stopped the truck beside me and wouldn’t look me straight in the eye. That was when I knew there was something wrong. He wordlessly passed a brown envelope out of the truck window. “GOVERNMENT OF NEW ZEALAND” was emblazoned in bold red print across the front. My heart lurched, constricting my throat. As I opened it, my worst fear was confirmed. In small lettering it announced, “Mr Michael Jones, we need you to protect our country.”

A treaty should not be seen as an alternative to constitutional recognition. Though, a reform of the constitution itself will only yield a partial resolution for Aboriginal and Torres Strait Islanders – due to its symbolic nature. A critical analysis of Zia Akhtar’s article, ‘Aboriginal Determination: Native Title Claims and Barriers to Recognition’, will emphasise the importance of recognition and self-determination to the Indigenous. This essay will explore the notions that reconciliation is more achievable through constitutional recognition and treaty together, that changes must be made to the Australian Constitution, particularly sections 25 and 51 (xxvi), and how the Native Title (Amendment) Act has hindered recognition and determination in a variety of ways.

The challenges faced By Indigenous Peoples in achieving justice, are both complex and extensive. These issues stem from successive centuries of asserted colonial power, which consequently has resulted in the undermining of rights for many Indigenous communities, including the Australian Aboriginal Peoples and Maori Peoples of New Zealand. Systemic abuse of power has resulted in the gradual erosion of Indigenous culture, and as thus, rights of Indigenous communities, including Intellectual Property and Cultural Rights, have been neglected. As a result, a growing body of declarations, statements, and other developments both within governmental systems, as well as in the wider international justice arena have been received. However, many

A treaty would help in codifying the rights of the Aboriginals. This treaty has proved to be beneficial to the indigenous people of USA, New Zealand and Canada. The treaty was opposed by the Australian Government because it could only be formed two or more nations. Recognizing the rights of the Aboriginal people is the necessity of a treaty (Altman, 2006). Greater equality would be achieved through signing of these treaties. Economic resources should be available to both indigenous and non-indigenous people to make the treaties successful. The Aboriginals were seen to be deprived of the necessary economic and social benefits. The Government expenditure on indigenous health, employment assistance, education and housing was seen to fall short. This raised the inequality between the indigenous and non-indigenous people. Providing only the necessities to the community won’t suffice. Strengthening the local communities will help the people to face the challenges of the society. Research related to Intellectual Property Right has hardly achieved any result for the Aboriginal community. Any researched related to the indigenous matter was seen to be conducted by National Health and Medical Research. Melbourne University has also provided guidelines for the Aboriginals in the Koori unit (Altman and Hickson, 2010). After Mabo judgments, the federal government

A Key conflict that endures as one of the most noteworthy events in New Zealand’s early history is the Waikato war of 1863-1864. The significance of the battles lies in the definition of the status of Maori and Pakeha in New Zealand. Particular historic debate surrounds whether the Waikato war was caused more primarily over the dispute of land or sovereignty. Maori were rising against British control and domination over them exhibited by establishment of the Kingitanga movement and the resistance to land sales. Responding in a way they saw that they had the right British invaded the Waikato. The outcomes of these events still hold debate and controversy in the regions of occurrence even today. With large loss of lives on both sides directly from the clashes, as Maori retained their pride refused to surrender to the British’s superior technology. New laws were passed as a result of the resistance involving shameless policy’s which marginalised Maori and there rights further. The consequences of this war were drawn out until the late 20th, when finally reparations were made in full.

Political ideologies are the beliefs, morals and ethics held on what is the optimum way of governing a country (Jost, Federico, & Napier, 2009). They have long guided the elected governments behaviour, particularly in effect to Social Policy decisions; determining what policy initiatives will be elected and what is the best way of implementing such policies. New Zealand has had various political ideologies brought in by different governments; such as Social Democracy, Social Liberalism, Neo liberalism, Neo Conservatism and Conservatism. For the basis of this Essay, the focus will be on two of the most significant influences; Social Democracy and Conservatism. Both ideologies have had period 's of dominance in New Zealand 's Social policy history where they have impacted the general functioning of society. Their view of the state, and general morals have been strongly reflected in the policy initiatives there exponents have brought in. For Social Democracy, it being the 1938 Social Security Act and the various implementations of Keynesian Economic Management in the 1940s and 1980s; and for Conservatism, the Pensions for miners and returned servicemen, and the introduction of private prisons. The both having considerable impact not only on New Zealand society but the development of more progressive forms of political ideology. It will be argued that the resulting policies from the Social Democracy and Conservatism ideologies most notable influence is

The rule of law broadly requires; that all are equal before the law , that the government is subject to the law and must exercise its power according to the law, finally that ‘there exist fundamental individual liberties and minimum standards of justice, to which the law must conform’ . The rule of law is problematic to define but put simply it is not ‘the rule of men’ and is evident in societies with functioning judiciaries and a clear separation of powers such as New Zealand. It is one of several intrinsic attributes of our constitutional makeup and overall the Judiciary aid in ‘ensure[ing] that the rule of

New Zealand is one of the countries in the world that has unwritten consititution and it is vital because it is the base of a government on how to govern a country based on it. Having a written constitution in New Zealand will give New Zealanders more access about certain documents on the consitution itself. On the other hand, if New Zealand continuously having an unwritten constitution, the citizen may not have knowledge on it due to limited access on it. This essay will clarify on constitution and what is a written constitution. This essay also covers the need to include the Constitution Act 1986, the Public Finance Act 1989 and the Arms Act 1983 and removing the Public Sector Act 1988 from it.

In New Zealand we have a constitution therefore ‘person A’ is incorrect as their argument is that we do not have one. They are incorrect because New Zealand has a constitution in the sense of ‘a body of rules determining or providing procedures for determining the organisation, personnel, powers and duties of the organs of government.’ The constitution is unwritten as there is no document generally known as ‘The Constitution’ but it is found in legal documents, decisions of the courts, and in practices. In this context it makes sense for ‘person A’ to believe that New Zealand does not have a constitution as there is not a physical document of all of our constitutional arrangements set out. If you do look at their point of view that way then they are not entirely incorrect, but when incorporating all of the proper information about New Zealand’s constitution it is hard to argue that they do not have one.

(New Zealand Government, 2015, para. 1). Prime Minister John Key, the main advocate for change, officially launched such discussion last year in a public address he gave at Victoria’s University in Wellington. One of the main points presented in Key’s (2014) speech were his views on how he believes Moreover Key (2014) also argued (para. 88). So far the Prime Ministers proposal failed to inspire the public. On the contrary, it has produced a substantial amount of controversy. The main arguments seem to revolt around the issues of cost, process, national symbol, history and change. This paper will look more closely into each of these aforementioned public differences and close with my own view concerning this debate.

The three sections discuss the impact of systematic dispossession of Maori land in Aotearoa New Zealand during the nineteenth and early twentieth century. The first section, Wynyard draws on Marx’s theory of primitive accumulation. Primitive accumulation in the New Zealand context is perceived as an alienation of Maori land for colonial settlers. Likewise, it represents a countless amount of force, fraud, and oppression towards Maori in order to operate a capital accumulation. In other words, it is a form of cultural theft in stealing Maori lands and resources (Heim, 1998). Thus, primitive accumulation causes indigenous Maori left with nothing besides selling themselves as labor to work for the European civilization. This concept is similar to how capitalism was formed in the early colonization in Europe through the same progress of stealing the land and the development of agriculture. The second section, Wynyard covers the case of the Native Land Court where he titled the section as the Theft made legal. The Native Land Court is an intention of freeing up the so-called Theft in obtaining legal act through creating the law in a way to benefit the settlers. The main mean of this act is to maintain the system of British law. This law is launched to completely destroy and ignore the Maori laws through establishing courts, institution and land acts that permit them to

In the beginning of the 19th century, almost all New Zealanders were considered to be Maoris. The Maoris made up nearly the whole country, with a population between 100-120,000, while the European population was down in the hundreds. In 1818, the Musket Wars resulted in the loss of over a fifth of the Maori population, at least 20,000 dead and thousands more captured (“Overview of NZ”). The Musket War was a war that began when the Europeans introduced their advanced technology and muskets into New Zealand. The Musket Wars were a series of inter-tribal wars caused by tribes all trading to obtain muskets. At the end of the wars, in 1830, a new conflict for the Maori population took rise when “warfare gave way to economic rivalry” (“The Musket Wars”). From 1830 on, Europeans would come to New Zealand in waves of hundreds and thousands of people, threatening the Maoris’ once complete control over the land. This brewing economic rivalry was what paved the way for the Treaty of Waitangi, New Zealand’s founding document. This treaty was interpreted differently by the English and Maoris, something the British had purposely done. The British plan to deceive the natives resulted in both land and governmental conflicts. Land disputes caused by the treaty’s misinterpretations between the Maori people and the settlers sparked the New Zealand Wars in 1861-1870. At the end of these wars, new laws were passed that nearly abolished Maori rights. In 1896, New Zealand was no longer a Maori

New Zealand 's constitution is very unique and is the base of our legal system. The constitution is unwritten allowing a variety of elements that make up our constitution some are; constitution conventions and statutes. New Zealand 's constitution structure is separated into three branches; the legislature, judiciary and the executive . The executive is the decision making branch, it is believed that the executive is where the real power of parliamentary supremacy lies, as the decisions they make influence the process of legislation . Throughout this essay I will emphasise how statutes are more important and effective in contrast to constitution conventions.