The historical and contemporary interpretation and application of the Treaty of Waitangi and the Doctrine of Aboriginal Title in New Zealand case law and statute reflects patterns of what Moana Jackson refers to as the “colonising context”.

The Treaty of Waitangi

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The historical and contemporary interpretation of the treaty of Waitangi and the Doctrine of aboriginal title in New Zealand case law and statute , reflects the pattern of what Moana Jackson refers to as the colonizing context ' the treaty itself came into being on 6th February 1840 . It was signed between the British crown representatives and different Maori chiefs who were from the Northern North Island . With the signing of the treaty , a British governor post was established in this

br region and Maori people became the British subjects . In this research I 'll analyze the circumstances surrounding the signing of the treaty , effects of the treaty and various tribunals and cases involving the treaty . I 'll also discuss how clear understanding of the colonizing context can lead to adjustment of the constitution

The basis of Moana Jackson 's argument is as a result of the difference between the British 's and Maori language with reference to the treaty of Waitangi . The interpretation between the two languages differed and so there is no agreement as to what the original treaty was because it was differently interpreted . To the British , the treaty mandated them to rule New Zealand and created the post of a governor who was bestowed with full powers to run all affairs affecting this territory but on the other hand , the Maori had a different understanding . Both parties disagreed on various issues even after the treaty was signed . The treaty also gave these people the right to maintain their properties and land

Since the treaty was signed in 1840 , the treaty was never valued and existed in `darkness ' up to 1970s . All this time the courts never recognized it . It did not address their ownership rights plus they were not fairly treated by the British government

Form the 1960s up to date , the Waitangi treaty has been reviewed a number of times and so many problems have been brought to the light . A commission to inquire on the treaty was formed in 1975 to address the affected areas and this is what came to be referred to as the Waitangi Tribunal . It was supposed to establish and solve the breaches that were committed by the crown or by its agents . To many , the treaty is referred to as the founding document of the state of New Zealand though there are various reasons that made Moana Jackson to refer to it as a Colonizing Context ' and one of this reason was that , though the treaty was as a result of mutual understanding between British and Maori , the treaty was not recognized until recently when it received limited acknowledgement In the past , the New Zealand governors and the colonial office clearly supported the treaty for it gave to rule over Maori people as well as to be the leader of New Zealand

After the 19th century case , the treaty was declared null and void and this meant that the treaty was not...