Katherine Sanders, University of Auckland Faculty of Law, has posted “The King in all his cabinets”: Crown and Empire in Te Heuheu Tukino v Aotea District Maori Land Board:
The report of the Judicial Committee of the Privy Council in Te Heuheu Tukino v Aotea District Maori Land Board [1941] NZLR 590 is today well-known for the finding that rights under the Treaty of Waitangi have no effect in New Zealand law, save where they are incorporated by legislation. This article asks what Te Heuheu and his supporters hoped to achieve in the litigation, and considers ideas of Crown and empire underpinning that strategy. It argues that debates about the legal and constitutional status of the Treaty were framed by the politics of the 1940 centennial of its signing. The article concludes by characterising “The Memorial of the Maori People of New Zealand to the Privy Council”, He Pukapuka Whakamaharatanga, as a means of marking the history of the Treaty and its breach at the Centennial. It argues that the Memorial served both to highlight injustice, and to reassert a vision of a political order in which the promises of the Treaty would be fulfilled.
--Dan Ernst
