a simple nullity

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A Simple Nullity

Author : David Williams
ISBN : 9781775580089
Genre : Law
File Size : 50. 17 MB
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When the New Zealand Supreme Court ruled on Wi Parata v the Bishop of Wellington in 1877, the judges infamously dismissed the relevance of the Treaty of Waitangi. During the past 25 years, judges, lawyers, and commentators have castigated this “simple nullity” view of the treaty. The infamous case has been seen as symbolic of the neglect of Maori rights by settlers, the government, and New Zealand law. In this book, the Wi Parata case—the protagonists, the origins of the dispute, the years of legal back and forth—is given a fresh look, affording new insights into both Maori-Pakeha relations in the 19th century and the legal position of the treaty. As relevant today as they were at the time of the case ruling, arguments about the place of Indigenous Maori and Pakeha settlers in New Zealand are brought to light.

A Simple Nullity

Author : David V. Williams
ISBN : 9781869407445
Genre : History
File Size : 47. 41 MB
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David V. Williams takes a fresh look at the notorious Wi Parata case - the protagonists, the origins of the dispute, the years of legal back and forth - affording new insights into both Maori-Pakeha relations in the nineteenth century and the legal position of the Treaty of Waitangi. In 1877, the New Zealand Supreme Court decided a case, Wi Parata v Bishop of Wellington, that centred on the ownership and use of the Whitireia Block, near Porirua. Ngati Toa had given this land to the Anglican Church for a college that was never built. In the course of refusing to inquire into the ownership of the block, the judges dismissed the relevance of the Treaty of Waitangi: 'So far indeed as that instrument purported to cede the sovereignty - a matter with which we are not directly concerned - it must be regarded as a simple nullity.' Over the past twenty-five years, judges, lawyers and commentators have castigated this 'simple nullity' view of the Treaty. The 'infamous' case has been seen as symbolic of the neglect of Maori rights by settlers, government and the law in New Zealand. The factual background to the Wi Parata case, Williams argues, tells us much about nineteenth-century Maori acting as they thought best for their people and about debates in Pakeha jurisprudence over the recognition or rejection of customary Maori rights. Behind the apparent dismissal of the Treaty as a 'simple nullity' lay deep arguments about the place of Maori and Pakeha in Aotearoa New Zealand. Those arguments are as relevant now as they were then

A Simple Nullity

Author : David Vernon Williams
ISBN : 186940484X
Genre : History
File Size : 87. 85 MB
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"In 1877, the New Zealand Supreme Court decided a case, Wi Parata v Bishop of Wellington, that centred on the ownership and use of the Whitireia Block, near Porirua. Ngati Toa had given this land to the Anglican Church for a college that was never built. In the course of refusing to inquire into the ownership of the block, the judges dismissed the relevance of the Treaty of Waitangi: 'So far indeed as that instrument purported to cede the sovereignty - a matter with which we are not directly concerned - it must be regarded as a simple nullity.' Over the past twenty-five years, judges,lawyers and commentators have castigated this 'simple nullity' view of the Treaty. The 'infamous' case has been seen as symbolic of the neglect of Maori rights by settlers, government and the law in New Zealand. In this book, David V Williams takes a fresh look at the Wi Parata case - the protagonists, the origins of the dispute, the years of legal back and forth - affording new insights into both Maori-Pakeha relations in the nineteenth century and the legal position of the Treaty. The factual background to the Wi Parata case, Williams argues, tells us much about nineteenth-century Maori acting as they thought best for their people and about debates in Pakeha jurisprudence over the recognition or rejection of customary Maori rights. Behind the apparent dismissal of the Treaty as a 'simple nullity' lay deep arguments about the place of Maori and Pakeha in Aotearoa New Zealand. Those arguments are as relevant now as they were then." --Publisher.

A Chief Justice Prendergast Ruled The Treaty Of Waitangi A Simple Nullity

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ISBN : 0473402602
Genre :
File Size : 29. 73 MB
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The Grand Experiment

Author : Hamar Foster
ISBN : 9780774858557
Genre : Law
File Size : 61. 96 MB
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The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.

Annulment Your Chance To Remarry Within The Catholic Church

Author : Joseph P. Zwack
ISBN : 9780062509901
Genre : Religion
File Size : 29. 3 MB
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Here is the only book that explains fully in lay terms the grounds and procedures by which Roman Catholics who have undergone civil divorces can also have their former marriages annulled by the Church. In the last decade alone, annulements in the United States have increased from 350 to over 30,000. At present, there are an estimated eight million divorced American Catholics, banned from full participation in the Church if the remarry without obtaining an annulment. Many of these people could obtain annulments -- yet, until the publication of Annulment, the lack of proper information and guidance has discouraged the majority of them. This book makes available the rights of divorce Catholics under the Revised Code of Canon Law, which is now in effect. In everyday language, this authoritative handbook takes readers step by step through the process, defines the laws as they now exist, sorts through misconceptions and fears surrounding annulment procedures, dicusses the meaning and rationale behind the rules, lays out all the grounds (including the new psychological grounds), examines all factors (including costs), defines the various apporaches, and provides samples of the forms involved. The author, a lawyer himself, consulted with canon lawyers, priests, and laypeople, -- some of whom have already used his manual with success.Annulment offers hope and solid help to the increasing number of people directly and indirectly affected by the divorce-remarriage-annulment problem. Zwack cuts cleanly through the Gordian knot of uncertainty to point the way for realistic, clear, effective solutions to this longstanding, anguished problem.

Annulment

Author : Ronald T. Smith
ISBN : 0879461276
Genre : Family & Relationships
File Size : 86. 32 MB
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This helpful, up-to-date guide cuts through the red tape and the confusing terminology about annulments. In simple language it provides practical information about each of the steps in the annulment process. It also offers suggestions about healing the hurts of divorce and moving forward to new and healthier relationships.

American Journal Of Mathematics

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ISBN : UOM:39015085214743
Genre : Electronic journals
File Size : 80. 15 MB
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Brownson S Quarterly Review

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ISBN : UCBK:C022660279
Genre : Christianity
File Size : 76. 53 MB
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What God Has Joined Together

Author : Robert H. Vasoli
ISBN : 0198026692
Genre : Religion
File Size : 37. 10 MB
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The recent controversy over Joe Kennedy's annulment gave only a glimpse of American Catholicism's open secret: that contrary to official Catholic doctrine, American churches grant annulments wholesale, freely declaring marriages nonexistent so that one or both partners can remarry in the church. The United States is home to only 6% of the world's Catholics, Robert Vasoli points out, but it now accounts for 75% of all Church annulments, two-thirds of which are granted on ostensibly psychological grounds. The real scandal, though, is not simply the numbers, but that Church marriage courts annul thousands of marriages that are actually valid according to Catholic teaching. Drawing on considerable research, the author details precisely how these courts let divorced Catholics--and many non-Catholics as well--bypass Catholic teaching and law. He shows, for instance, how they often help petitioners manufacture grounds for annulment, which are justified with specious psychological reasoning that are counter to the letter and spirit of canon law. Indeed, it may even be alleged that "lack of emotional maturity" at the time of the wedding can invalidate marriages that have lasted 30 years. The result has been a tidal wave: in 1968, the American church granted fewer than 600 annulments; today it hands out more than 60,000 a year. But Rome has not smiled on the performance of U.S. tribunals: of those psychological annulments appealed to the Roman Rota (the Vatican's highest marriage tribunal), more than 90% are overturned. This revealing look at annulment weaves painstaking analysis with a wealth of evidence as it illuminates the degree to which the U.S. Church has gone its own way since Vatican II on what constitutes valid marriage.

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