A Simple Nullity?: The Wi Parata Case in New Zealand Law and History
The 1877 legal case Wi Parata v Bishop of Wellington centred on the ownership and use of the Whitireia Block, near Porirua. In refusing to inquire into ownership of the block, the Supreme Court judges dismissed the relevance of the Treaty of Waitangi: 'So far indeed as that instr... read full description below.
In-stock at local publisher – usually ships 3-10 working days.
Quick Reference
... view full title details below.
Buy Now
Full details for this title
| Interest Age |
Young Adults |
| Reading Age |
Young Adults |
| Library of Congress |
Maori (New Zealand people) - Civil rights - History - 19th century, Parata, Wiremu - Trials, litigation, etc, Hadfield, Octavius - Trials, litigation, etc, Maori (New Zealand people) - Land tenure - Law and legislation, Ngati Toa (New Zealand people) - Land tenure |
| NBS Text |
Social Studies: General |
| ONIX Text |
Professional and scholarly;General/trade |
|
| Number of Pages |
280 |
| Dimensions |
Width: 154mm
Height: 228mm
Spine: 18mm |
| Weight |
460g |
|
| Dewey Code |
346.930432 |
| Catalogue Code |
Not specified |
Description of this Book
In 1877, the NZ Supreme Court decided the case of Wi Parata v Bishop of Wellington, centred on the ownership and use of the Whitireia Block near Porirua, which had been granted by Ngati Toa to the Anglican Church for a school that was never built. Refusing jurisdiction over the case, the Court also denied the legal relevance of the Treaty of Waitangi in NZ law. The judges wrote, So far indeed as that instrument purported to cede the sovereignty - a matter with which we are not directly concerned - it must be regarded as a simple nullity. Over the past 20 years, judges, lawyers and commentators have castigated the simple nullity view of the Treaty in this infamous case as a sign of the historic neglect of Maori rights by settlers, government, and the law in New Zealand. The case was used as a point of reference, in order to repudiate it, in the major Ngati Apa case that led to the Foreshore and Seabed legislation. Williams takes a fresh look at Wi Parata with insights into Maori/Pakeha relations and into the legal meaning of the Treaty. The case, he argues, tells us much about the power of 19th-century Maori as agents and about debates in Pakeha jurisprudence over the different potential legal sources of customary Maori rights (jure gentium and aboriginal title). Behind the apparent dismissal of the Treaty as a simple nullity lay deep arguments about Maori and Pakeha in Aotearoa NZ.
^ top
Awards & Reviews
| NZ Review |
[N]ecessary reading for all interested in the Treaty of Waitangi or indigenous issues to do with the settlement of indigenous claims. The editors and contributors are to be commended for producing such a timely and outstanding piece of scholarship. --Manuhuia Barcham, Australian Journal of International Affairs, on Waitangi Revisited |
^ top
Author's Bio
David V Williams is Professor of Law at The University of Auckland. He has been a Treaty researcher for many years and is author of Te Kooti tango whenua : The Native Land Court 1864-1909 (Huia) and co-editor of Waitangi Revisited: Perspectives on the Treaty of Waitangi (OUP, 2005).
^ top
