Indigenous Peoples and the State

Mark Hickford, Pro Vice-Chancellor and Dean of Law, Victoria University of Wellington Carwyn Jones, Senior Lecturer, Faculty of Law, Victoria University of Wellington

TABLE OF CONTENTS

Notes of Contributors






Introduction

Carwyn Jones and Mark Hickford

Part One: Foundations of Indigenous/State Relationships






Māori and State Visions of Law and Peace
Carwyn Jones




Origin Stories and the Law: Treaty Metaphysics in Canada and New Zealand
John Borrows




Originalism and the Constitutional Canon of Aotearoa New Zealand
David V Williams

Part Two: Giving Meaning to the Treaty Through Time




The Treaty of Waitangi in Historical Context
Saliha Belmessous




Towards a Post-Foundational History of the Treaty
Bain Attwood




The Failing Modern Jurisprudence of the Treaty of Waitangi
Jacinta Ruru

Part Three: Diverse Sites of the Treaty Relationship




‘Ko te mana tuatoru, ko te mana motuhake’
Rawinia Higgins




Reflecting on the Treaty of Waitangi and its Constitutional Dimensions: A Case for a Research Agenda
Mark Hickford




Future Contexts for Treaty Interpretation
Natalie Coates




‘He rangi tā Matawhāiti, he rangi tā Matawhānui’: Looking towards 2040

Māmari Stephens

Glossary

Index