Abstract

Just over thirty years ago, in the High Court decision Huakina Development Trust v Waikato Valley Authority, Justice Chilwell famously stated: “There can be no doubt that the Treaty is part of the fabric of New Zealand society”.[1] At a symposium celebrating 30 years of the Huakina decision, Tom Bennion described the judgment as “a marker, a significant new structure sticking out in the legal landscape, indicating the shape of arguments to come.” This collection of work brings together a range of arguments for our time as to the meaning and importance of the Treaty of Waitangi shaped by different perspectives as to its context and history. 
 
 [1] [1987] 2 NZLR 188, at 210. As a result of that case, the Treaty is now part of the context in which legislation which impinges upon its principles is to be interpreted, even where a statute is silent as to the Treaty or its principles.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.