Presentation Transcript

1. “The Treaty of Waitangi, and its principles, should be interpreted broadly, generously and practically in the new and changing circumstances as they arise. As an agreement upholding the Crowns legitimacy, in governing New Zealand for the benefit of all New Zealanders, in exchange for the Crowns active protection of the rangatiratanga, or authority of hapū, iwi and Māori generally to use and control their own interests, especially in relation to land, fisheries and te reo Maori and their other tangible and intangible taonga or valued possessions. The Crown must also ensure that Māori enjoy the rights and privileges of Pakeha New Zealanders. Since this agreement involves a continuing relationship akin to partnership between the Crown and Māori, the parties should act reasonably and in good faith towards each other, consulting with each other, compromising where appropriate, and reasonably redressing past breaches of the Treaty. Under this umbrella of general meaning, the practical and specific meanings of the Treaty are worked out on a day-to-day basis, in application to particular issues, through the hard political, policy and legal work of consultation, discussion, pressure and negotiation between Maori and the executive government on behalf of the Crown. This occurs in the context of the particular issue at hand, the wider political and policy circumstances at the time, and the views of other interest groups and the general New Zealand public. Any specific meaning of the Treaty, and its implication for particular issues, is not easy to specify in advance as it depends on circumstances and views that surround any issues at the time it arises. In application to spercific issues, then, the meaning of the Treaty remains uncertain” (Matther S R Palmer, ‘Treaty of Waitangi in New Zealand’s Law and Constitution’ (2008) pg 150 – 151).
2. Article One By the Treaty in English, Maori leaders gave the Queen ‘all the rights and powers of sovereignty’ over the territories. By the Treaty in Maori, they gave the Queen ‘tekawanatangakatoa’ – the complete governance or government over their lands.
3. Article Two By the Treaty in English, Maori leaders and people, collectively and individually, were confirmed in and guaranteed ‘exclusive and undisturbed possession of their lands and estates, forests, fisheries and other properties’ By the Treaty in Maori, they were confirmed and guaranteed ‘tetinorangatiratanga’ – the unqualified exercise of their chieftainship – over their lands, villages, and all their treasures.
4. Article Three The Treaty in English extended to Maori the Queen’s protection and all the rights and privileges of British subjects. The Maori text conveyed this with reasonable accuracy.
5. “Within article 2 of the Treaty the implications for health are enormous not only because of the economic consequences of land and forest losses, or inadequate access to fisheries, factors which impinge directly on socioeconomic standings and thus on health; but also because of a health perspective which is integrative and in which the separation of people from land, language, and family is in itself a prescription for illness”.
6. Land Claims Ordinance 1841 Native Trusts Ordinance 1844 Proclamation of 1844 Native Lands Purchase Ordinance 1846 New Zealand Government Act 1846 New Zealand Constitution Act 1852 Native Lands Act 1861 Suppression of Rebellion Act 1863 New Zealand Settlements Act 1863 Native Land Acts 1865 Maori Representation Act 1886 Maori Prisoners Trail Acts 1879 West Coast Peace Preservation Act 1882 Crown and Native Lands Rating Act 1882 Native Lands Administration Act 1886 Native Land Purchase and Acquisition Act 1893 Land settlement Act 1904 Suppression of Tohunga Act 1907 Land Laws Amendment Act 1912 Public Works Act 1928 Maori Social and Economic Advancement Act 1945 Maori Affairs Act 1953 Maori Affairs Amendment Act 1967 Kelsey, J , 1984, “Legal Imperialism and the Colonization of Aotearoa”, in Spoonley P, Macpherson C, Pearson D, & Sedgwick C, (EDS), Tauiwi, Dunmore Press Ltd, Palmerston North, pp 32-43.
7. “Firstly, in terms of article 3 (imparting to Māori individuals the rights and privileges of British subjects), outcome measurements at least in respect of health status, do not give any cause for complacency, given the wide disparities in health between Māori and non-Māori. In other words, Māori do not enjoy the same societal privileges as other New Zealanders. Secondly, when article 3 is seen alongside article 2 it becomes clear that the delivery of social services by the crown should not undermine the effectiveness of tribes, but complement and enhance them.
8. Paemahutonga
9. What are some Principles of the Treaty of Waitangi, and how do they relate to clinical exercise physiology?