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List of contents
TABLE OF CONTENTS
Notes of Contributors
Introduction
Carwyn Jones and Mark Hickford
Part One: Foundations of Indigenous/State Relationships
Māori and State Visions of Law and Peace
Carwyn Jones
Origin Stories and the Law: Treaty Metaphysics in Canada and New Zealand
John Borrows
Originalism and the Constitutional Canon of Aotearoa New Zealand
David V Williams
Part Two: Giving Meaning to the Treaty Through Time
The Treaty of Waitangi in Historical Context
Saliha Belmessous
Towards a Post-Foundational History of the Treaty
Bain Attwood
The Failing Modern Jurisprudence of the Treaty of Waitangi
Jacinta Ruru
Part Three: Diverse Sites of the Treaty Relationship
‘Ko te mana tuatoru, ko te mana motuhake’
Rawinia Higgins
Reflecting on the Treaty of Waitangi and its Constitutional Dimensions: A Case for a Research Agenda
Mark Hickford
Future Contexts for Treaty Interpretation
Natalie Coates
‘He rangi tā Matawhāiti, he rangi tā Matawhānui’: Looking towards 2040
Māmari Stephens
Glossary
Index
About the author
Mark Hickford, Pro Vice-Chancellor and Dean of Law, Victoria University of Wellington
Carwyn Jones, Senior Lecturer, Faculty of Law, Victoria University of Wellington
Summary
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.
