Is the Treaty of Waitangi part of the Constitution?

Is the Treaty of Waitangi part of the Constitution?

The Treaty of Waitangi was signed in 1840 and was an agreement between the British Crown and a large number of Māori chiefs. Today the Treaty is widely accepted to be a constitutional document that establishes and guides the relationship between the Crown in New Zealand (embodied by our government) and Māori.

What are the three main articles of the Treaty of Waitangi?

The document itself has three articles, covering sovereignty, land and rights.

What are the 3 principles of the Treaty of Waitangi and what do they mean?

Let’s begin by looking at the principles. The three “P’s”, as they are often referred to, are the principles of partnership, participation and protection. These underpin the relationship between the Government and Māori under the Treaty of Waitangi. These principles are derived from the underlying tenets of the Treaty.

What does Kawanatanga mean in the Treaty?

the complete sovereignty over
Treaty of Waitangi In the original English version of the treaty this expression reads, ‘give absolutely to the Queen of England forever the complete sovereignty over their land. ‘2 The term ‘kāwanatanga’ was used by the translators to mean ‘complete sovereignty’.

How many articles are in the Treaty of Waitangi?

three articles
The Treaty is a broad statement of principles on which the British and Māori made a political compact to found a nation state and build a government in New Zealand. The document has three articles.

Is Te Tiriti a constitution?

This regulatory system deals with the place of the Treaty of Waitangi (te Tiriti o Waitangi) as a founding document of Aotearoa New Zealand. The Treaty established a constitutional relationship between Māori and the Crown.

Is the Treaty part of NZ constitution?

Increasingly, New Zealand’s constitution reflects the Treaty of Waitangi as a founding document of government in New Zealand. The Constitution Act 1986 is a key formal statement of New Zealand’s system of government, in particular the executive, legislature and the judiciary.

What are the three principles of the Treaty of Waitangi set out in NZ Māori Council vs AG in 1987?

active Crown protection of Māori interests – the duty of the Crown was not just passive but extended to active protection of Māori people in the use of their lands and waters ‘to the fullest extent practicable’

What are the three P’s in the Treaty of Waitangi for kids?

This update is structured around the three Treaty of Waitangi principles – partnership, protection, and participation. It provides information, resources, case studies, and questions to help you enact the Treaty of Waitangi principle at your school.

What does taonga katoa mean?

Maori ownership of land and other taonga (treasures) The Maori version of the Treaty guaranteed “te tino rangatiratanga o o ratou wenua or ratou kainga me o ratou taonga katoa”, which may be translated as “the unqualified exercise of their chieftanship over their lands over their villages and over their treasures all”.

What does Te tino rangatiratanga mean?

Te tino rangatiratanga means something like ‘total. control’, responsibility” ‘complete.

What is the first article of the Treaty of Waitangi?

Kawanatanga – Article 1 provides for the Government to govern, though not in isolation from other provisions of the Treaty of Waitangi. The right to govern is qualified by an obligation to protect Māori interests. This aspect of the agreement is further established within the other articles of the Treaty.

What does the Treaty of Waitangi actually say?

In the English version, Māori cede the sovereignty of New Zealand to Britain; Māori give the Crown an exclusive right to buy lands they wish to sell, and, in return, are guaranteed full rights of ownership of their lands, forests, fisheries and other possessions; and Māori are given the rights and privileges of British …

Is Te Tiriti legally binding?

No. It’s important to understand that the direct impact of any Tribunal findings may be limited, as these usually aren’t legally binding on the Crown.

Is the Treaty of Waitangi a legal document?

The Treaty of Waitangi has no independent legal status. At the present time the Treaty of Waitangi is referred to in 62 separate Acts of Parliament.

What is NZ’s constitution?

Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an “unwritten constitution”, although the New Zealand constitution is in fact an amalgamation of written and unwritten sources.

Why is the concept of the principles of the Treaty of Waitangi problematic?

Why is the concept of ‘the principles of the Treaty of Waitangi’ problematic? It is problematic because it is not clear who defines the principles. The government had both versions of the treaty and then looked for common ground.

Which code of ethics is based on the Treaty of Waitangi?

The Code of Ethics and Conduct (the Code) acknowledges the contemporary application of the Treaty of Waitangi/Te Tiriti o Waitangi and the principles of partnership, protection and participation as integral to providing effective dietitian services for Maori.