• Treaty Backgrounder

    From Lawrence D'Oliveiro@21:1/5 to All on Mon Feb 5 22:39:21 2024
    Article published a couple of days ago, which offers a more academic
    analysis of the Treaty of Waitangi <https://www.nzherald.co.nz/kahu/waitangi-day-2024-five-myths-and-misconceptions-that-confuse-the-treaty-of-waitangi-debate/NS5RHTNGBVC6RFOW23B3A5MSWI/>.

    Note the concept of “originalism” (which also plagues interpretations
    of their Constitution in the USA). The Brits “had no intention to
    govern Māori or usurp Māori sovereignty”, and yet “relationships
    evolve over time”. Particularly this part:

    Finally, there is the argument that the Treaty supports the
    democratic process. In fact, the Treaty ushered in a
    non-representative regime in the colony. It was the 1852 New
    Zealand Constitution Act that gave the country a democratic
    government – a statute that incidentally made no reference to the
    Treaty’s provisions.

    In other words, NZ is a democracy _in spite_ of the Treaty, not
    because of it.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rich80105@21:1/5 to ldo@nz.invalid on Tue Feb 6 17:02:48 2024
    On Mon, 5 Feb 2024 22:39:21 -0000 (UTC), Lawrence D'Oliveiro
    <ldo@nz.invalid> wrote:

    Article published a couple of days ago, which offers a more academic
    analysis of the Treaty of Waitangi ><https://www.nzherald.co.nz/kahu/waitangi-day-2024-five-myths-and-misconceptions-that-confuse-the-treaty-of-waitangi-debate/NS5RHTNGBVC6RFOW23B3A5MSWI/>.

    Note the concept of originalism (which also plagues interpretations
    of their Constitution in the USA). The Brits had no intention to
    govern M?ori or usurp M?ori sovereignty, and yet relationships
    evolve over time. Particularly this part:

    Finally, there is the argument that the Treaty supports the
    democratic process. In fact, the Treaty ushered in a
    non-representative regime in the colony. It was the 1852 New
    Zealand Constitution Act that gave the country a democratic
    government a statute that incidentally made no reference to the
    Treatys provisions.

    In other words, NZ is a democracy _in spite_ of the Treaty, not
    because of it.

    The early voting system in New Zealand was not the level of democracy
    we now have - it was based on property ownership, but as most Maori
    owned land collectively, Section 71 of the New Zealand Constitution
    Act 1852 allowed for the provision of self-governing Maori districts
    as envisaged in the 1846 constitution. Maori saw this as
    implementation of the tino rangatiratanga (sovereignty) guaranteed to
    them under the Treaty of Waitangi. The 1860s saw war which influenced
    debate about Maori representation - the 4 Maori seats in parliament
    were introduced in 1867

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Tony@21:1/5 to Rich80105@hotmail.com on Tue Feb 6 05:45:59 2024
    Rich80105 <Rich80105@hotmail.com> wrote:
    On Mon, 5 Feb 2024 22:39:21 -0000 (UTC), Lawrence D'Oliveiro
    <ldo@nz.invalid> wrote:

    Article published a couple of days ago, which offers a more academic >>analysis of the Treaty of Waitangi >><https://www.nzherald.co.nz/kahu/waitangi-day-2024-five-myths-and-misconceptions-that-confuse-the-treaty-of-waitangi-debate/NS5RHTNGBVC6RFOW23B3A5MSWI/>.

    Note the concept of originalism (which also plagues interpretations
    of their Constitution in the USA). The Brits had no intention to
    govern M?ori or usurp M?ori sovereignty, and yet relationships
    evolve over time. Particularly this part:

    Finally, there is the argument that the Treaty supports the
    democratic process. In fact, the Treaty ushered in a
    non-representative regime in the colony. It was the 1852 New
    Zealand Constitution Act that gave the country a democratic
    government a statute that incidentally made no reference to the
    Treatys provisions.

    In other words, NZ is a democracy _in spite_ of the Treaty, not
    because of it.

    The early voting system in New Zealand was not the level of democracy
    we now have - it was based on property ownership, but as most Maori
    owned land collectively, Section 71 of the New Zealand Constitution
    Act 1852 allowed for the provision of self-governing Maori districts
    as envisaged in the 1846 constitution. Maori saw this as
    implementation of the tino rangatiratanga (sovereignty) guaranteed to
    them under the Treaty of Waitangi. The 1860s saw war which influenced
    debate about Maori representation - the 4 Maori seats in parliament
    were introduced in 1867
    You pathetic liar, sovereignty was not guaranteed to Maori in the Treaty - sovereignty was ceded to the crown. It is actually time you read the document. There are three articles and one of them cedes sovereignty to the crown for all New Zealanders.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rich80105@21:1/5 to All on Tue Feb 6 19:46:02 2024
    On Tue, 06 Feb 2024 05:45:59 GMT, Tony <lizandtony@orcon.net.nz>
    wrote:

    Rich80105 <Rich80105@hotmail.com> wrote:
    On Mon, 5 Feb 2024 22:39:21 -0000 (UTC), Lawrence D'Oliveiro >><ldo@nz.invalid> wrote:

    Article published a couple of days ago, which offers a more academic >>>analysis of the Treaty of Waitangi >>><https://www.nzherald.co.nz/kahu/waitangi-day-2024-five-myths-and-misconceptions-that-confuse-the-treaty-of-waitangi-debate/NS5RHTNGBVC6RFOW23B3A5MSWI/>.

    Note the concept of originalism (which also plagues interpretations
    of their Constitution in the USA). The Brits had no intention to
    govern M?ori or usurp M?ori sovereignty, and yet relationships
    evolve over time. Particularly this part:

    Finally, there is the argument that the Treaty supports the
    democratic process. In fact, the Treaty ushered in a
    non-representative regime in the colony. It was the 1852 New
    Zealand Constitution Act that gave the country a democratic
    government a statute that incidentally made no reference to the
    Treatys provisions.

    In other words, NZ is a democracy _in spite_ of the Treaty, not
    because of it.

    The early voting system in New Zealand was not the level of democracy
    we now have - it was based on property ownership, but as most Maori
    owned land collectively, Section 71 of the New Zealand Constitution
    Act 1852 allowed for the provision of self-governing Maori districts
    as envisaged in the 1846 constitution. Maori saw this as
    implementation of the tino rangatiratanga (sovereignty) guaranteed to
    them under the Treaty of Waitangi. The 1860s saw war which influenced >>debate about Maori representation - the 4 Maori seats in parliament
    were introduced in 1867
    You pathetic liar, sovereignty was not guaranteed to Maori in the Treaty - >sovereignty was ceded to the crown.
    No, governance was ceded to the Crown, but not sovereignty.

    Search for: "Which New Zealand Constitution Act 1852 allowed for the establishment of Maori districts within which Maori law could operate"
    It is actually time you read the document.
    There are three articles and one of them cedes sovereignty to the crown for >all New Zealanders.
    No it does not - but by all means give the text in Ti Tiriti that you
    are relying on . . .

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rich80105@21:1/5 to ldo@nz.invalid on Tue Feb 6 20:09:17 2024
    On Tue, 6 Feb 2024 06:21:36 -0000 (UTC), Lawrence D'Oliveiro
    <ldo@nz.invalid> wrote:

    On Tue, 06 Feb 2024 17:02:48 +1300, Rich80105 wrote:

    The 1860s saw war which influenced
    debate about Maori representation - the 4 Maori seats in parliament
    were introduced in 1867

    They were introduced to limit M?ori representation, not enhance it.

    That depends on your viewpoint - weren't there none previously?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Lawrence D'Oliveiro@21:1/5 to All on Tue Feb 6 06:21:36 2024
    On Tue, 06 Feb 2024 17:02:48 +1300, Rich80105 wrote:

    The 1860s saw war which influenced
    debate about Maori representation - the 4 Maori seats in parliament
    were introduced in 1867

    They were introduced to limit Māori representation, not enhance it.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Tony@21:1/5 to Rich80105@hotmail.com on Tue Feb 6 08:15:01 2024
    Rich80105 <Rich80105@hotmail.com> wrote:
    On Tue, 06 Feb 2024 05:45:59 GMT, Tony <lizandtony@orcon.net.nz>
    wrote:

    Rich80105 <Rich80105@hotmail.com> wrote:
    On Mon, 5 Feb 2024 22:39:21 -0000 (UTC), Lawrence D'Oliveiro >>><ldo@nz.invalid> wrote:

    Article published a couple of days ago, which offers a more academic >>>>analysis of the Treaty of Waitangi >>>><https://www.nzherald.co.nz/kahu/waitangi-day-2024-five-myths-and-misconceptions-that-confuse-the-treaty-of-waitangi-debate/NS5RHTNGBVC6RFOW23B3A5MSWI/>.

    Note the concept of originalism (which also plagues interpretations >>>>of their Constitution in the USA). The Brits had no intention to >>>>govern M?ori or usurp M?ori sovereignty, and yet relationships
    evolve over time. Particularly this part:

    Finally, there is the argument that the Treaty supports the
    democratic process. In fact, the Treaty ushered in a
    non-representative regime in the colony. It was the 1852 New
    Zealand Constitution Act that gave the country a democratic
    government a statute that incidentally made no reference to the
    Treatys provisions.

    In other words, NZ is a democracy _in spite_ of the Treaty, not
    because of it.

    The early voting system in New Zealand was not the level of democracy
    we now have - it was based on property ownership, but as most Maori
    owned land collectively, Section 71 of the New Zealand Constitution
    Act 1852 allowed for the provision of self-governing Maori districts
    as envisaged in the 1846 constitution. Maori saw this as
    implementation of the tino rangatiratanga (sovereignty) guaranteed to >>>them under the Treaty of Waitangi. The 1860s saw war which influenced >>>debate about Maori representation - the 4 Maori seats in parliament
    were introduced in 1867
    You pathetic liar, sovereignty was not guaranteed to Maori in the Treaty - >>sovereignty was ceded to the crown.
    No, governance was ceded to the Crown, but not sovereignty.
    Read the Treaty - Sir Apirana Ngata disagrees with you and compared to him you have zero credibility. You are lying.

    Search for: "Which New Zealand Constitution Act 1852 allowed for the >establishment of Maori districts within which Maori law could operate"
    I prefer Sir Apirany to your dysfunctional lies.
    It is actually time you read the document.
    There are three articles and one of them cedes sovereignty to the crown for >>all New Zealanders.
    No it does not - but by all means give the text in Ti Tiriti that you
    are relying on . . .
    See above - you are lying.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Lawrence D'Oliveiro@21:1/5 to All on Tue Feb 6 07:26:39 2024
    On Tue, 06 Feb 2024 20:09:17 +1300, Rich80105 wrote:

    On Tue, 6 Feb 2024 06:21:36 -0000 (UTC), Lawrence D'Oliveiro
    <ldo@nz.invalid> wrote:

    On Tue, 06 Feb 2024 17:02:48 +1300, Rich80105 wrote:

    The 1860s saw war which influenced
    debate about Maori representation - the 4 Maori seats in parliament
    were introduced in 1867

    They were introduced to limit M?ori representation, not enhance it.

    That depends on your viewpoint - weren't there none previously?

    They were apparently winning representation in the regular seats, and this scared the British.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Willy Nilly@21:1/5 to Rich80105@hotmail.com on Tue Feb 6 20:45:16 2024
    On Tue, 06 Feb 2024, Rich80105 <Rich80105@hotmail.com> wrote:
    No, governance was ceded to the Crown, but not sovereignty.

    Big Fail, Rich. As Tony mentioned, Sir Apirana Ngata (he on the $50
    bill) gave a thorough translation and commentary on the ToW in 1922.
    The First Article of the ToW covers your statement; it says:

    "The Chiefs ... hereby cede absolutely to the Queen of England for
    ever the Government of all of their lands."

    Two aspects of this sentence are clear that this means Sovereignty:

    (1) The Queen/King is a Sovereign person, not a governing person.
    Apirana Ngata writes: "The English word for such a personage as a King
    or a Queen is "Sovereign". This is the same as the Maori words 'Ariki
    Tapairu' and is referred to as the absolute authority."

    (2) What is ceded is ceded "for ever". Only Sovereignty is "for
    ever", not government. Apirana Ngata writes: "The main purport was
    the transferring of the authority of the Maori chiefs for making laws
    for their respective tribes and sub-tribes under the Treaty of
    Waitangi to the Queen of England for ever."

    "absolutely ... for ever" means sovereignty. And for those among us
    who want to disassociate from the British Crown, in so doing you also disestablish the Treaty of Waitangi which is a covenent between Maori
    and the English Crown, and not some random Pakeha.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)