
Originally Posted by
Sanx
Wrong - it is entirely relevant. Maori claim special privilige by virtue of being tangata whenua; people who descend from the first people to settle the land. If, as it is claimed with some extremely good archeological evidence, the Moriori were in New Zealand before Maori, then the entire basis for tangata whenua is false.
In addition, look at the current spat over who gets the rights to claim for lots of money in Auckland. One iwi saying that they claimed the land as battle spoil, and therefore it was theirs. Another said they were there first, and therefore it's theirs. If one can claim rights to land as a result of winning terriroty in battle, then most of the iwis' claims can be thrown out immediately, as they 'lost' ownership of the lands to the British crown in military combat.
The treaty is an anachronism and should be discarded as soon as is practicable, along with the PC bullshit that this country seems so proud of. Before the arrival of Europeans, the Maori were a stone-age culture who practiced cannibalism. Not what you might call an advanced culture by any stretch of the imagination, but one that did (does) have its good points.
The treaty itself is a badly-worded document with the English and Te Reo versions differing in meaning, mainly down to a lack of words in Te Reo to match the English counterparts. In any modern contract, a lack of understanding of the wording of a contract is no legal excuse for not adhering to it. Considering that NZ law is based upon British common law, we can go back to see what British common law said about contracts in the 1840s - basically, the same rules applied. It is clear that many chiefs simply did not understand what the treaty meant; whether that was the result of misrepresentation or simple ignorance we won't know.
The treaty, a relatively simple document, is now subject to the same sort of scrutiny given to religious texts, with various self-appointed experts saying that because one particular chief once is reported to have said "I gave them the land, not the sea", then Maori own all the foreshore. The best thing, in the long run, that could happen to New Zealand is the adoption of a formal constitution that supercedes the Treaty of Waitangi and guarantees equal rights to all New Zealanders, regardless of ethnic origin. This would not spell an end to Maori culture, but it would remove the mindless pandering to Maori sensibilities that happens today.
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