''Wi Parata v Bishop of Wellington'' was a

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

court case of 1877 which ruled that the

Treaty of Waitangi The Treaty of Waitangi ( mi, Te Tiriti o Waitangi) is a document of central importance to the history, to the political constitution of the state, and to the national mythos of New Zealand. It has played a major role in the treatment of the M ...

was a "simple nullity" having been signed by "primitive barbarians". In 1877 Wiremu "Wi" Parata a wealthy

Māori Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the C ...

farmer and member of the Executive Council, described by the ''

Dictionary of New Zealand Biography The ''Dictionary of New Zealand Biography'' (DNZB) is an encyclopedia or biographical dictionary containing biographies of over 3,000 deceased New Zealanders. It was first published as a series of print volumes from 1990 to 2000, went online i ...

'' as having been "an astute politician and skilled orator and debater" took

Octavius Hadfield Octavius Hadfield (6 October 1814 – 11 December 1904) was Archdeacon of Kapiti, Bishop of Wellington from 1870 to 1893 and Primate of New Zealand from 1890 to 1893. He was a member of the Church Missionary Society (CMS) for thirty years. H ...

, the

Bishop of Wellington The Diocese of Wellington is one of the thirteen dioceses and hui amorangi of the Anglican Church in Aotearoa, New Zealand and Polynesia. The diocese covers the area between the bottom of the North Island of New Zealand up to the area of Mount Ru ...

, to the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

, over a breach of oral contract between the

Anglican Church Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the ...

and the

Ngāti Toa Ngāti Toa, Ngāti Toarangatira or Ngāti Toa Rangatira, is a Māori ''iwi'' (tribe) based in the southern North Island and in the northern South Island of New Zealand. Its ''rohe'' (tribal area) extends from Whanganui in the north, Palmerston N ...

, and a breach of the principles of the

. Ngāti Toa had provided land to the church in 1848 in exchange for a promise that a school for young Ngāti Toa people would be built by the church. However no school was built, and in 1850 the church obtained a Crown grant to the land, without the consent of the

iwi Iwi () are the largest social units in New Zealand Māori society. In Māori roughly means "people" or "nation", and is often translated as "tribe", or "a confederation of tribes". The word is both singular and plural in the Māori language, an ...

. The case was a failure for Parata – Chief Justice James Prendergast ruled that the Treaty of Waitangi was a "simple nullity", having been signed by "primitive barbarians". Prendergast had simply ignored the Treaty as a legal document. The ruling had far-reaching consequences, as it was invoked as precedent during subsequent claims brought for breaches of the Treaty, well into the twentieth century.

References

"The three precedents of Wi Parata"
2004, Canterbury Law Review *

{{DEFAULTSORT:Wi Parata V. The Bishop Of Wellington 1877 in case law High Court of New Zealand cases Aboriginal title in New Zealand 1877 in New Zealand Treaty of Waitangi 1877 in New Zealand law

See also

References