Robin Forlonge Pattersonhttps://e-tangata.co.nz/comment-and-analysis/te-tiriti-duplicity-honoured-abroad-but-dismissed-at-home/ :
'#Aotearoa is facing its sharpest constitutional crisis in modern history, as the government professes adherence to Te Tiriti abroad while dismantling it at home, writes international legal practitioner Nicola #Hoobin.'
'In signing the landmark New Zealand-#India Free #Trade Agreement in April this year, the current #coalition #government exported the #Treaty yet again, embedding a dedicated “Cultural, Traditional Knowledge and Economic Cooperation Chapter” that requires all actions to be executed in a “manner consistent with the Treaty of #Waitangi”.
'.....the contradiction it presents to domestic strategy creates a fatal blind spot.
'In New Zealand public law, courts frequently look to international treaties signed by the executive as extrinsic evidence to interpret the scope of the Crown’s fiduciary obligations.
'So, for example, if #iwi launch #judicial #reviews against the rollbacks of the 19 targeted #statutes — which cover critical resource management, #biosecurity, and primary #industries — the #FTA texts become powerful legal levers.
'The Crown cannot easily look a High Court judge in the eye and argue that statutory Treaty obligations are vague, unworkable, or a threat to democratic certainty when the executive branch has formally executed international documents telling the UK and EU the exact opposite.
'The explicit acknowledgments in the EU and UK agreements effectively block the Crown from downplaying the constitutional status of Te Tiriti in a domestic courtroom.
'This inescapable double standard shifts the ultimate burden of accountability from global panels directly onto our domestic judiciary.
'Will the New Zealand courts now hold the Crown strictly accountable for its own #international admissions, enforcing the principle that a sovereign government can’t legally define Te Tiriti as a cornerstone of our constitution to the rest of the world while treating it as entirely disposable at home?...'
Zeitgeisty Aphorisms
Richard Michael Blaber
This Is My Glasgow
Don Hawkins - W7DAH
Columbus - Feeds
Dr Ian McCormick
Susan Larson ♀️🏳️🌈🏳️⚧️🌈
