Read A Simple Nullity?: The Wi Parata Case in New Zealand Law & History - David V. Williams file in ePub
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The judgment of the new zealand supreme court in the case of wi parata v bishop of wellington2 is infamous within the annals of new zealand legal history. This is because of the dismissal of the treaty of waitangi, by the chief justice deciding the case, as a “simple nullity”.
when the new zealand supreme court ruled on wi parata v the bishop of wellington in 1877, the judges infamously dismissed the relevance of the treaty of waitangi. During the past 25 years, judges, lawyers, and commentators have castigated this “simple nullity” view of the treaty.
In 1877, the new zealand supreme court decided a case, wi parata v bishop of wellington, that centred on the ownership and use of the whitireia block, near.
Nov 18, 2016 1877: in wi parata v the bishop of wellington, the chief justice of the supreme court declared the treaty to be “worthless” and a “simple nullity. Been ceded to the crown, in contrast to the approach that the new zeal.
The wi parata judgment of prendergast cj is infamous in the annals of new zealand legal history largely for its dismissal of the treaty of waitangi as a 'simple nullity'. Yet the case also provided the authoritative precedent for new zealand judicial reasoning on native title until 1912.
Wi parata's name is famed in legal circles for a case he brought against the bishop of wellington in 1877. Ngāti toa land had been given to the anglican church in 1848 to establish a school, but one was never built and a crown grant over the land was later issued to the church.
Williams, 9781869404840, available at book depository with free delivery worldwide.
Three words – ‘a simple nullity’ – have attracted such an avalanche of adverse criticism from a multitude of commentators that legal historian grant morris has described the judgment as ‘the most notorious in new zealand’s history’.
David williams a simple nullity: the wi parata case in new zealand law and history (auckland university press, auckland, 2011).
When the new zealand supreme court ruled on wi parata v the bishop of wellington in 1877, the judges infamously dismissed the relevance of the treaty of waitangi. During the past 25 years, judges, lawyers, and commentators have castigated this “simple nullity” view of the treaty.
In 1877, the nz supreme court decided the case of wi parata v bishop of wellington, centred on the ownership and use of the whitireia block near porir.
A simple nullity? the wi parata case in new zealand law and history david v williams olivia de pont* i introduction david v williams' a simple nullity? the wi parata case in new zealand law and history breaks new ground in its revisionist history of the titular plaintiff's case.
David williams' new book, a simple nullity? the wi parata case in new zealand law and history, should i think be seen as a valuable further step towards this.
To explore the dissonance between history and modern consensus-building, professor williams scrutinises the wi parata case in great detail. If new zealanders know anything about this case, it's that just about every modern writer denounces chief justice james prendergast for asserting in 1877 that the treaty was a simple nullity.
In that role, he – alongside fellow judge christopher richmond – presided over the wi parata case. As part of his ruling, he declared the treaty of waitangi was a “simple nullity” insofar.
In 1877, the new zealand supreme court decided a case, wi parata v bishop of wellington, that centred on the ownership and use of the whitireia block, near porirua. Ngati toa had given this land to the anglican church for a college that was never built.
From 1991 to 2001 he was an independent researcher engaged primarily in claims to the waitangi tribunal. He has authored five books –including te kooti tango whenua: the native land court 1864-1909 (huia press, 1999) and a simple nullity? the wi parata case in new zealand law and history (auckland university press, 2011).
As such he held that the treaty, in a legal sense, was a 'simple nullity'. Read the full entry in the dictionary of new zealand biography; wiremu te kākākura parata. Nō ngā iwi o ngāti toa, o te āti awa a wiremu te kākākura parata.
The case was used as a point of reference, in order to repudiate it, in the major ngati apa case that led to the foreshore and seabed legislation. Williams takes a fresh look at wi parata with insights into maori/pakeha relations and into the legal meaning of the treaty.
One of the most famous courtcases in new zealand legal history is wi parata vs the bishop of wellington 1853. You can find the details out here but it’s impact was huge for new zealand law, in that it famously declared the treaty of waitangi “a simple nullity” and found that the only valid title to land was crown title.
Wi parata v bishop of wellington was a new zealand court case of 1877 which ruled that the treaty of waitangi was a simple nullity having been signed by primitive barbarians.
The wi parata case in new zealand law and history, published by auckland university press with support from the nz law foundation, was launched on 2 june. The 1877 case of wi parata v bishop of wellington concerned the gift of ngati toa land to the anglican bishop for a school which was never built.
A simple nullity? the wi parata case in new zealand law and history.
The “simple nullity” event refers to the case that wi parata, a māori member of parliament and a ngāti toa chief, took to the supreme court in an attempt to recover entrusted land for his tribe. The judgment by prendergast and his fellow judge william richmond ventured beyond the facts of the case to pass judgment on the treaty of waitangi.
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