The flawed Preamble to the Treaty of Waitangi Act 1975 set off 50 years of litigation on the wrong foot
A Preamble
plays an important role in conveying to the Courts what law-makers were aiming
to achieve by an Act of Parliament. Any factual error in a preamble will
inevitably cause endless confusion and argument
Almost 135 years after the Treaty documents were signed, a number of disputes concerning land ownership remained extant, and Parliament passed the Treaty of Waitangi Act 1975 to establish a specialised Tribunal to hear and consider those remaining disputes.