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Showing posts with label Justice Robin Cooke. Show all posts
Showing posts with label Justice Robin Cooke. Show all posts

Thursday, May 5, 2022

Graeme Reeves: Cooke on Partnership Treaty of Waitangi


Co–Governance is predicated on the assumption that the Treaty of Waitangi created an equal Partnership between Maori and the Crown.

Is that assumption correct?

The term Partnership was first used in the context of the Treaty in the Court of Appeal case (New Zealand Maori Council v Attorney-General [1987] 1 NZLR 641) in what is referred to as the Lands Case in 1987. In particular the obiter dicta (not the ratio decidendi) in the judgment of Justice Robin Cooke who was the President of the Court of Appeal at that time.

Since the publication of the He Puapua report and its eventual public release, a great deal of debate about the report’s expressed goal of the division of New Zealand into two separate sovereign states has ensued.