LAWS 621-Public Law Essay Writing – Law Assignment Help

Assignment Task

Task 

Quotes for Assignment
Consider the following four quotes which offer insight as to how Te Tiriti/The Treaty have been perceived, both historically and contemporarily:

“The differences between the texts and the shades of meaning do not matter for the purposes of this case….what matters is the spirit”.
“The Treaty has to be seen as an embryo rather than a fully developed and integrated set of ideas”.
Sir Robin Cooke (President of the Court of Appeal of New Zealand)

“The fact that the English version was crafted by the British resident as a treaty of cession of sovereignty by the rangatira was a cruel hoax played on P?keh? living here and those intending to emigrate. That was never the intention of the rangatira; they never agreed to it and it is certainly not what Te Tiriti says.”
Professor Margaret Mutu (Professor of M?ori Studies, University of Auckland)

“So far indeed as the instrument [The Treaty] purported to cede sovereignt it must be regarded as a simple nullity. No body politic existed capable of making cession of sovereignty nor could the thing itself exist”.
Chief Justice Sir James Prendergast 

“There is no doubt that the Treaty is part of the fabric of New Zealand society.”
Justice Chilwell 

You are an expert and academic at the University of Freedom on all aspects of Te Tiritin Waitangi/The Treaty of Waitangi, in particular, the constitutionality of it. The AttorneyGeneral has approached you for advice. Your task is to write an objective written opinion in essay form for the Attorney-General which provides a comprehensive discussion on the concept of ‘sovereignty’ under Te Tiriti/The Treaty. 

Using the quotes and materials beyond, specifically argue and provide justification for:

• Whether you think sovereignty was ceded in 1840? If yes, would He Whakaputanga (The Declaration of Independence) provide M?ori an alternative legal basis for exercising sovereignty independent of the Crown? Or would our current arrangements suffice?
• Since the Treaty (English version) has been labelled a ‘cruel hoax’ from a M?ori perspective and a ‘simple nullity’ from a common law perspective with respect to sovereignty, why (in your view) have the courts still considered the Treaty to be an “embryo” and part of the “fabric” of New Zealand law? Should the M?ori version be more embryonic than the English version?
• Whether you think that sovereignty is an “embryo”- i.e., it has the potential for development?
• Whether the principle of partnership, as expressed by the courts throughout the years, is a form of co-sovereignty?
• Utilising Treaty jurisprudence, what do you think sovereignty meant in 1840 and would the meaning of sovereignty change in your opinion going forward? 

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