A Simple Nullity?: The Wi Parata Case in New Zealand Law & by David V. Williams

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By David V. Williams

When the hot Zealand excellent court docket governed on Wi Parata v the Bishop of Wellington in 1877, the judges infamously brushed off the relevance of the Treaty of Waitangi. prior to now 25 years, judges, legal professionals, and commentators have castigated this “simple nullity” view of the treaty. The notorious case has been visible as symbolic of the forget of Maori rights via settlers, the govt., and New Zealand legislations. during this booklet, the Wi Parata case—the protagonists, the origins of the dispute, the years of criminal again and forth—is given a clean look, affording new insights into either Maori-Pakeha kin within the nineteenth century and the felony place of the treaty. As correct this present day as they have been on the time of the case ruling, arguments in regards to the position of Indigenous Maori and Pakeha settlers in New Zealand are dropped at light.

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A Simple Nullity?: The Wi Parata Case in New Zealand Law & History

While the hot Zealand excellent courtroom governed on Wi Parata v the Bishop of Wellington in 1877, the judges infamously brushed off the relevance of the Treaty of Waitangi. up to now 25 years, judges, legal professionals, and commentators have castigated this “simple nullity” view of the treaty. The notorious case has been visible as symbolic of the overlook of Maori rights by way of settlers, the govt, and New Zealand legislation.

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Decisions against rebellion in the 1860s have implications for the present. The Waitangi Tribunal has supported a climate of judgment in which the heroes and patriots are all on the other side. Head argued that the pre-colonial musket wars, including those involving Ngati Toa – ‘forced into pre-emptive migration’ – ‘were a modern catastrophe for Maori, not a traditional one’. 42 I agree with her on those points. 44 I agree with Head, yet again, that ‘Maori Christianity is largely mana kore, without honour, among New Zealand historians’.

Later in 1847 the question arose as to whether there might be two central colleges – St John’s for the northern part of the colony, and a new college in a southern district where new dioceses, it was hoped, would soon be created. The vision for Trinity College – Selwyn’s pipe dream? In 1905 a Royal Commission on the Porirua, Otaki, Waikato, Kaikokirikiri and Motueka School trusts inquired in some depth into the origins of the Porirua trust and the history of the land at Whitireia. In the evidence received by the Commission there were several assertions that the attempt to establish Trinity College at Porirua was a folly and a failure that Selwyn 24 an ‘exemplary haven’ in a troubled land pressured his Maori allies to support.

This college would be a community physically set apart from both Pakeha towns and Maori settlements – in some senses a model community. ’3 In Selwyn’s grand vision this ‘exemplary haven’ was to be the ‘central school’ at the apex of an education system for Maori that he believed should be one of the most important roles of the Church in the new colonial society. In his 1847 charge to clergy he wrote:4 The state of the native youth requires us to direct our most earnest attention to the organization of a complete School system throughout the Mission.

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