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Achieving co-governance: a new horizon for Treaty incorporation
Graduate Thesis/Dissertation   Open access

Achieving co-governance: a new horizon for Treaty incorporation

Samantha Fowler
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2022
Handle:
https://hdl.handle.net/10523/47179
Appears in  Dissertations

Abstract

New Zealand Law te Tiriti o Waitangi co-governance Tino rangatiratanga Kāwanatanga Karauna Treaty of Waitangi Māori Otago Yearbook of Legal Research
More than 180 years after the Treaty of Waitangi/te Tiriti o Waitangi ('the Treaty') was signed, we might finally begin to see a satisfactory balance of kāwanatanga and tino rangatiratanga, enacted through co-governance regimes. Tino rangatiratanga, under article two of the Treaty, guarantees Māori autonomy and self-government, while kāwanatanga Karauna, under article one, guarantees state governance. The aim of this dissertation is to examine how a balance between these contrasting guarantees under articles one and two of the Treaty might be achieved in mainstream legislation through co-governance. Mainstream legislation can be defined for these purposes as legislation which is of general application throughout Aotearoa, thus excluding Treaty Settlement Acts which apply to limited areas only, resulting from negotiations between the Crown and specific parties concerning specific rohe. This dissertation examines the incorporation of the Treaty into such legislation of general impact and how it has succeeded or failed to strike an appropriate balance between the requirements of articles one and two.
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