1st Edition

Indigenous Peoples and the State International Perspectives on the Treaty of Waitangi

By Mark Hickford, Carwyn Jones Copyright 2019
    214 Pages
    by Routledge

    214 Pages
    by Routledge

    214 Pages
    by Routledge

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    Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.


    Notes of Contributors

    1. Introduction

    Carwyn Jones and Mark Hickford

    Part One: Foundations of Indigenous/State Relationships

    1. Māori and State Visions of Law and Peace
    2. Carwyn Jones

    3. Origin Stories and the Law: Treaty Metaphysics in Canada and New Zealand
    4. John Borrows

    5. Originalism and the Constitutional Canon of Aotearoa New Zealand
    6. David V Williams

      Part Two: Giving Meaning to the Treaty Through Time

    7. The Treaty of Waitangi in Historical Context
    8. Saliha Belmessous

    9. Towards a Post-Foundational History of the Treaty
    10. Bain Attwood

    11. The Failing Modern Jurisprudence of the Treaty of Waitangi
    12. Jacinta Ruru

      Part Three: Diverse Sites of the Treaty Relationship

    13. ‘Ko te mana tuatoru, ko te mana motuhake’
    14. Rawinia Higgins

    15. Reflecting on the Treaty of Waitangi and its Constitutional Dimensions: A Case for a Research Agenda
    16. Mark Hickford

    17. Future Contexts for Treaty Interpretation
    18. Natalie Coates

    19. ‘He rangi tā Matawhāiti, he rangi tā Matawhānui’: Looking towards 2040

    Māmari Stephens




    Mark Hickford, Pro Vice-Chancellor and Dean of Law, Victoria University of Wellington

    Carwyn Jones, Senior Lecturer, Faculty of Law, Victoria University of Wellington