Which of the following is NOT a principle of the Treaty of Waitangi include

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BlackTom AI · Accepted Answer

The question asks us to identify which option is NOT a principle associated with the Treaty of Waitangi as it is commonly interpreted in New Zealand law and scholarship. We will evaluate each option in turn, noting which concepts are generally cited as Waitangi principles and which are not.

Option a: "The Crown has ownership over all resources but must consult with Maori on the use". This statement is not consistent with standard Waitangi interpretation. The Treaty does not grant the Crown blanket ownership of all resources with a generic obligation to consult; rather, it recognizes Maori rangatiratanga and protection of taonga, and it enshrines a duty to act with good faith and with consultation in appropriate contexts. The phrasing overstates Crown ownership and includes a simplistic consultative duty that is not framed as a universal resource ownership rule in Waitangi jurisprudence. This makes this option unlikely to be considered a genuine Waitangi principle.

Option b: "The acquisition of sovereignty in exchange for the protection of rangatiratanga." This reflects a long-standing historical interpretation that the Crown obtained sovereignty while guaranteeing rangatiratanga (chieftainship) for Maori under the terms of the Treaty. While debated in scholarly circles, it is a widely discussed framing of the compromise embedded in the Treaty and is commonly presented as a principle in many treatments of the Waitangi settlement process. Therefore, this is commonly treated as a Waitangi principle, not the correct answer to the question asking for what is NOT a principle.

Option c: "The Treaty established a partnership, and imposes on the partners the duty to act reasonably and in good faith." This aligns with a central modern understanding of the Treaty as creating a partnership between the Crown and Maori iwi/hapū, with both parties expected to act reasonably and in good faith. This is widely cited as a core principle, so this option describes an actual principle, not the one that is NOT a principle.

Option d: "The Crown's duty of active protection." A key principle drawn from the Treaty precedents is the Crown’s duty to actively protect Maori rights and taonga. This is a standard, widely accepted principle in statutory and court interpretations of the Waitangi framework. Thus, this option correctly states a principle.

Option e: "The freedom of the Crown to govern." This is not presented as a recognized Waitangi principle. The Waitangi framework emphasizes partnership, protection of rangatiratanga, and duties of good faith and consultation, which limit unfettered Crown governance rather than asserting an absolute freedom to govern. Therefore, this option stands out as NOT being a principle typically attributed to the Treaty’s interpretation.

In summary, options b, c, and d describe concepts that are widely treated as principles or core implications of the Treaty, option a describes a mischaracterization of resource ownership and consultation duties, and option e encapsulates a notion—unbounded Crown governance—that is not aligned with Waitangi principles. The option most clearly not aligned with common Waitangi principles is e.

LINC101_S1 Quiz 5 测验 5

Which of the following is NOT a principle of the Treaty of Waitangi include

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