Over the past 30 years, the phrase âthe principles of the Treaty of Waitangiâ has become a common reference in legal vocabulary in Aotearoa New Zealand. It has been interpreted and applied by the Waitangi Tribunal, as well as by the ordinary Courts, up to and including the Privy Council and, more recently, by the Supreme Court.\n\nThe principles have been invoked in a wide variety of contexts, ranging from the protection of MÄori customary lands and resources, to the application of intellectual property laws and the interpretation of international trade instruments. The principles have been incorporated into a range of statutes â in so-called âTreaty clausesâ â and elucidated on in the government Cabinet Manual, the formal touchstone of executive decision-making. In short, the principles have become the cypher through which the Crown-MÄori relationship is analysed and assessed, as that relationship has evolved ever more nuanced and challenging dimensions.\n\nTreaty Law: Principles of the Treaty of Waitangi in Law and Practice analyses and assesses over 600 judicial decisions with the intention of synthesising how the courts of New Zealand have interpreted the principles. It is a statement of current and historical applications, and the first stop for future research, discussion and deliberation.
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