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Myths, National Origins, Common Law and the Waitangi Tribunal

Author: David Williams BA, LLB (VUW), BCL, Dip Theol (Oxon), PhD
Associate Professor, University of Auckland Faculty of Law
Subjects: Common Law (Other articles)
Law - history (Other articles)
Treaty of Waitangi (1840) (Other articles)
Issue: Volume 11, Number 4 (December 2004)
Category: Refereed Articles

Abstract

In Aotearoa New Zealand there have been vigorous debates in the last few years on historiography and the history or histories of the indigenous Maori. The focus of scholars, politicians and commentators has been on Treaty of Waitangi issues and the numerous historical reports written by the Waitangi Tribunal. It became conventional and almost uncontroversial to state that the Treaty of Waitangi is 'the founding document of New Zealand'. Two events in 2003 and 2004, however, have severely challenged the general political acceptability of such remarks. In the context of mythmaking about national origins the author argues that the Treaty's preamble and articles are an explicit immigration compact in which Maori welcomed those who wished to settle here. That welcome applies to all who came in the past, to their descendants and to all those who continue to come as immigrants and now wish to call Aotearoa New Zealand their home. Along with the welcome comes an obligation to honour the collective rights of the indigenous people.

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