Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


British Government may be liable for Treaty

Academic says British Government may be liable for Treaty

A leading New Zealand Treaty specialist has called on the British Government to clarify its role in relation to the Treaty of Waitangi, claiming Britain may have breached international law by transferring its responsibilities under the Treaty to the New Zealand Government without Maori consent.

Professor Paul Moon, of AUT University, says Maori chiefs signed the agreement with representatives of the British Crown in 1840, and alleges since that time, Britain has gradually relinquished all its obligations under the Treaty without obtaining Maori approval.

"We all know the New Zealand Government has taken on the role of Britain as the other treaty partner," says Professor Moon, "but this does not necessarily eliminate Britain's obligations to the agreement."

Professor Moon wrote to the Foreign and Commonwealth Office on the matter and received a reply which he describes as inadequate."At stake is the potential liability for billions of dollars of compensation for Crown breaches of the Treaty, as well as the possibility that Britain's actions have violated international law," he says.

"Britain consented to be bound by the Treaty as a negotiating and contracting state, but has not performed its relations in good faith as it is required to," says Professor Moon. "In fact, Britain has not performed its treaty relations at all for several decades.From one angle, this could be interpreted as a de facto withdrawal from the Treaty."

At least two Maori hapu (sub-tribes) are believed to be preparing legal action against Britain in an international forum, in an effort to force the British Government to take responsibility for the treaty it concluded with Maori in 1840. Professor Moon has been approached by one of these groups to investigate Britain's responsibilities under the Treaty, and has been asked to testify as an expert witness.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods (is the dollar up or down?) the outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country... More>>




Submissions Summary: The People's Commission On Public Media

This Summary is a preliminary report from the People’s Commission. It brings together views and aspirations of the hundreds of people who made submissions, attended public meetings, filled out the online survey and made speeches to our Panel. More>>

Housing Plans: Protest Over Ihumatao Development

Ihumatao in Mangere, next to the airport in Auckland, holds the archaeological remains of 1000 years of food production; from when Maori first landed in the area, through to early European settler agriculture and right up until today. More>>


Negotiations: What Does Winston Peters Want His Legacy To Be?

A lot of people in New Zealand seem to resent Winston Peters and the power that he appears to have. “Appears” being the operative word.. More>>


Contains Highly Colloquial Language: Your F**king Guide To Government Formation

The following message is in no way endorsed by the Electoral Commission. They are f**king done with this election. More>>

NZ Emissions Up 50% 1990-2013: Report Confirms CLimate Change Impacting NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate. More>>


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>


Rorschach Restructuring: Inland Revenue Steps Back From Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>





Featured InfoPages

Opening the Election