یک بی‌اعتباری ساده؟: پرونده وی پاراتا در حقوق و تاریخ نیوزیلند

When the New Zealand Supreme Court ruled on __Wi Parata v the Bishop of Wellington__ in 1877, the judges infamously dismissed the relevance of the Treaty of Waitangi. During the past 25 years, judges, lawyers, and commentators have castigated this “simple nullity” view of the treaty. The infamous case has been seen as symbolic of the neglect of Maori rights by settlers, the government, and New Zealand law. In this book, the __Wi Parata__ case—the protagonists, the origins of the dispute, the years of legal back and forth—is given a fresh look, affording new insights into both Maori-Pakeha relations in the 19th century and the legal position of the treaty. As relevant today as they were at the time of the case ruling, arguments about the place of Indigenous Maori and Pakeha settlers in New Zealand are brought to light. David V. Williams takes a fresh look at the notorious Wi Parata case - the protagonists, the origins of the dispute, the years of legal back and forth - affording new insights into both Maori-Pakeha relations in the nineteenth century and the legal position of the Treaty of Waitangi. In 1877, the New Zealand Supreme Court decided a case, Wi Parata v Bishop of Wellington, that centred on the ownership and use of the Whitireia Block, near Porirua. Ngati Toa had given this land to the Anglican Church for a college that was never built. In the course of refusing to inquire into the ownership of the block, the judges dismissed the relevance of the Treaty of Waitangi:'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 twenty-five years, judges, lawyers and commentators have castigated this'simple nullity'view of the Treaty. The'infamous'case has been seen as symbolic of the neglect of Maori rights by settlers, government and the law in New Zealand. The factual background to the Wi Parata case, Williams argues, tells us much about nineteenth-century Maori acting as they thought best for their people and about debates in Pakeha jurisprudence over the recognition or rejection of customary Maori rights. Behind the apparent dismissal of the Treaty as a'simple nullity'lay deep arguments about the place of Maori and Pakeha in Aotearoa New Zealand. Those arguments are as relevant now as they were then "In 1877, the New Zealand Supreme Court decided a case that centred on the ownership and use of the Whitireia Block, near Porirua. Ngati Toa had given this land to the Anglican Church for a college that was never built. During the subsequent court case, the judge dismissed the relevance of the Treaty of Waitangi. This book examines the case - the protagonists, the origins of the dispute, the years of legal back and forth, and tells us much about nineteenth-century Maori acting as they thought best for their people and about debates in Pakeha jurisprudence over the recognition or rejection of customary Maori rights."--Publisher's description Introduction : The Treaty Of Waitangi Is 'a Simple Nullity' -- The Arrival Of Christianity On The Kapiti Coast -- An 'exemplary Haven' In A Troubled Land -- A Fraud On The Donors? -- A Gift Or A Grant? -- Why Did The Church Cling To The Gifted Land? -- 'because Of What I Heard Said At Kohimarama' -- In The Supreme Court At Wellington -- The Long (and Continuing) Aftermath -- Revisionist Legal History -- Contemporary Comments. David V. Williams. Includes Bibliographical References (p. 260-273) And Index.