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Indigenous–European Encounters in Settler Societies
Editor: Lynette Russell

Cross-cultural encounters produce boundaries and frontiers. This book explores the formation, structure, and maintenance of boundaries and frontiers in settler colonies. The southern nations of Australia, New Zealand and South Africa have a common military heritage as all three united to fight for the British Empire during the Boer and First World Wars. The book focuses on the southern latitudes and especially Australia and Australian historiography. Looking at cross-cultural interactions in the settler colonies, the book illuminates the formation of new boundaries and the interaction between settler societies and indigenous groups. It contends that the frontier zone is a hybrid space, a place where both indigene and invader come together on land that each one believes to be their own. The best way to approach the northern Cape frontier zone is via an understanding of the significance of the frontier in South African history. The book explores some ways in which discourses of a natural, prehistoric Aboriginality inform colonial representations of the Australian landscape and its inhabitants, both indigenous and immigrant. The missions of the London Missionary Society (LMS) in Polynesia and Australia are examined to explore the ways in which frontiers between British and antipodean cultures were negotiated in colonial textuality. The role of the Treaty of Waitangi in New Zealand society is possibly the most important and controversial issue facing modern New Zealanders. The book also presents valuable insights into sexual politics, Aboriginal sovereignty, economics of Torres Strait maritime, and nomadism.

The Treaty of Waitangi and the creation of legal boundaries between Maori and Pakeha in New Zealand society

During the last decades of the twentieth century, Aotearoa/New Zealand 1 as a nation has increasingly focused on Maori and Pakeha 2 relations. At the forefront of debate has been the Treaty of Waitangi, an agreement between Maori and the British Crown, signed in 1840. 3 This debate has taken many forms: political argument, academic analysis and legal reasoning. The

in Colonial frontiers
New Zealand’s Maori King movement and its relationship with the British monarchy

the British government had determined to pursue formal annexation of New Zealand. In its English translation, the preamble to the Treaty of Waitangi expressed Queen Victoria’s wish to protect and defend the just rights and property of the chiefs and tribes of New Zealand. Although the precise understanding of the three articles that followed has been much debated, especially in light of significant discrepancies

in Crowns and colonies
Loyalty and protest in Māori politics in nineteenth-century New Zealand

down the country, placed their marks or their signatures to copies of the Treaty of Waitangi. 1 In the text, Queen Victoria promised to protect the rights of chiefs, their authority, and their property, and those of their tribes, in anticipation of a dramatic influx of British settlers. She also agreed to protect them as her own subjects. By early 1840, ships of colonists were already on their

in Mistress of everything
Apology, remorse, and reconciliation

In 1998 the Waitangi Tribunal, the statutory body charged with examining alleged breaches of the Treaty of Waitangi (1840), commenced its investigation into the Tauranga Moana and western Bay of Plenty claims. 4 Between June 2012 and December 2013 the New Zealand government and Māori representatives signed successive deeds of settlement, with the government issuing public

in New Zealand’s empire
The limits of the Treaty of Waitangi and the doctrine of Aboriginal title

Indigenous land rights in early colonial New Zealand, it is sometimes assumed, were afforded rather greater recognition than those in other countries colonized by the British. After all, in New Zealand Maori had the benefit of a bilingual treaty with the Crown, the Treaty of Waitangi, which (in both Maori and English texts) afforded them strong guarantees. One

in Law, history, colonialism
The reach of empire

Drawing on the latest contemporary research from an internationally acclaimed group of scholars, this book examines the meanings of 'law' and 'imperialism'. The book explores the effects of the presence of indigenous peoples on the modification, interpretation and inheritance of British laws and the legal ideology by white law-makers. It offers a brief history of imperial law, focusing ultimately on its terminal failure in colonialism. The first part of the book presents the processes of colonialism's legality, the internal dynamics of law's theories, the external politics of law's rule. A brief history of imperial law, focusing ultimately on its terminal failure in colonialism, follows. The second part foregrounds racial differentiation at the heart of colonialism, and the work of law(s), courts and legislatures. It helps in defining a colonial population and in categorizing and excluding colonized populations from citizenship in specific localities. The central theme of the third part of the book is conflict: of collision between differing legalities and concepts of justice. The focus is on legal principles and evidence, and on narrative as imperial power. The fourth part explores and analyzes specific historical instances where law and history intersect, challenging European paradigms of sovereignty and fairness from the perspective of indigenous rights. Colonialism lives on in settler societies and other so-called 'postcolonial' states. It lives in continuing conflict over natural resources, daily reconstitution of gender and 'race', and the ongoing challenge to the veracity of indigenous evidence in courtrooms.

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Queen Victoria, Meri Mangakahia, and the Māori parliament

The Kotahitanga parliaments, or Pāremata Māori, 4 that met formally for a decade between 1892 and 1902, emerged out of discussions in the 1880s about how tribes in New Zealand might secure the benefits promised them in the Treaty of Waitangi. Leaders in the north, east, and Whanganui district in the south-west of the North Island in particular believed that they needed to form

in Mistress of everything

the same fate as the rat-chewed Treaty of Waitangi he had found a decade earlier ‘buried in a heap of old papers and rubbish in a dungeon’ of Parliament Buildings. 49 Turnbull negotiated with the Cape Town Public Library for the exchange of New Zealand materials that had earlier been deposited in Grey’s South African collection. 50 While this was not as grand in scale or perceived as important as that of Hocken, the thirteen

in History, heritage, and colonialism
A Maori tribal response to Te Papa: the Museum of New Zealand

marae – and it is on marae that we speak our concerns, not through the media. When speaking to non-Maori audiences I have found it helpful to present Maori tribal society as a conglomerate of fiercely independent nations and the marae as our seats of parliament – our debating chambers. In the early 1800s, prior to the Treaty of Waitangi, leaders of these ‘nations’ were competing for access to European trade goods and the social, political and economic power that such access represented. Marae flourished in the rapidly

in Rethinking settler colonialism