In
her book The Treaty of Waitangi (1987), Claudia
Orange argued that the Native Lands Act
1865 ‘effectively severed the threads of Crown
protection and nullified the treaty’s second
article’ (p 179).
- The Crown is not bound by tikanga per se, but tikanga may give rise to legally enforceable
obligations.
39 Te Rōpū Whakamana i te Tiriti o Waitangi | Waitangi Tribunal Te Paparahi o Te Raki Stage One Report He
Whakaputanga me Te Tiriti (Wai 1040, 2014).
40 Brief of Evidence of Professor Anne Salmond, Te Paparahi o Te Raki Inquiry, Wai 1040, #A22 including translations
from the works of Merimeri Penfold.
12
Whilst I agree with all of these points, my view in respe...