New Zealand · Year 1 (Part I) · Legal System & Te Tiriti
Te Tiriti & the Courts
Foundations of New Zealand law.
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Show all 6 questions and answers in this book
1.When was Te Tiriti o Waitangi / the Treaty of Waitangi first signed?
6 February 1840, at Waitangi.
Treaty of Waitangi 1840
2.Which Act created the Waitangi Tribunal?
The Treaty of Waitangi Act 1975 (jurisdiction extended to historical claims back to 1840 in 1985).
Treaty of Waitangi Act 1975
3.Wi Parata v Bishop of Wellington (1877) — what did Prendergast CJ say of the Treaty?
He called it "a simple nullity" so far as it purported to cede sovereignty — a view later rejected.
(1877) 3 NZ Jur (NS) SC 72
4.New Zealand Maori Council v Attorney-General (Lands case) [1987] — significance?
The Court of Appeal held that the principles of the Treaty require the Crown and Māori to act towards each other reasonably and in good faith, as partners.
[1987] 1 NZLR 641 (CA)
5.When did appeals to the Privy Council end, and which court replaced it?
The Supreme Court Act 2003 abolished appeals for cases after 2003; the Supreme Court of New Zealand began hearing cases in 2004.
Supreme Court Act 2003 (now Senior Courts Act 2016)
6.Ellis v R [2022] — significance?
The Supreme Court confirmed that tikanga Māori forms part of the common law of New Zealand and allowed the appeal to continue after the appellant's death.
[2022] NZSC 114