Panel session: The Principles of The Treaty / Te Tiriti

How have the courts described and applied the principles of Te Tiriti o Waitangi in Aotearoa New Zealand today?

Te Hunga Rōia Māori o Aotearoa and The New Zealand Law Society Te Kāhui Ture o Aotearoa are co-hosting a panel discussion and presentation by Dr Carwyn Jones and Dr Damen Ward, authors of Treaty Law: Principles of the Treaty of Waitangi in Law and Practice.

Recently awarded the JF Northey Award for the Best Legal Book Published in 2023, Carwyn and Damen’s book analyses hundreds of judicial decisions relating to te Tiriti in the higher courts and describes the courts’ jurisprudence over time. In judging the award the adjudicator said, “There has been nothing like it before … Put shortly, this book is a game-changer for all who have an interest in Aotearoa New Zealand's constitutional health.”

The second half of the session will be a panel discussion with esteemed practitioners and academics discussing their insights and the application of the principles in the law.

This 90-minute session is designed for legal professionals with an interest in the application of te Tiriti law principles to their day-to-day legal practice. It is relevant to all practice areas.

Learning outcomes will include:
Knowledge of the historical development of the principles of te Tiriti in the courts
A basic understanding of the current jurisprudence relating to te Tiriti and tikanga
Practical suggestions and ideas for how you might apply these in practice

CPD points: 1.5

The session will be hosted in person in Wellington and available online.

For those attending in person, there will be an opportunity for networking post-event.

Facilitator

The session will be facilitated by Natalie Coates (Ngāti Awa, Ngāti Hine, Tῡwharetoa, Te Whānau a Apanui, Tῡhourangi). Natalie is a barrister at Thorndon Chambers having previously been a partner at Kāhui Legal. Natalie specialises in public and administrative law, te Tiriti o Waitangi, Māori legal issues, human rights, whenua | land, Treaty of Waitangi settlements, trust and governance matters. She is a leading expert in the intersection between tikanga and the common law. She graduated with an LLB(hons) and BA (hons) from Otago University and an LLM from Harvard University.

Panelists and Presenters

The seminar presents an expert lineup of practitioners and academics with the first half of the seminar being presented by Dr Carwyn Jones and Dr Damen Ward; authors of the award-winning book, Treaty Law: Principles of the Treaty of Waitangi in Law and Practice. Following this presentation, panelists Horiana Irwin Easthope and Nerys Udy will provide additional insights and invite audience discussion on the topics covered.

About the Panelists

Dr Carwyn Jones (Ngāti Kahungunu and Te Aitanga-a-Māhaki) is an author and academic at Victoria University. His primary research interests relate to the Treaty of Waitangi and indigenous legal traditions, and he has written articles and chapters in scholarly publications on these subjects. He is co-editor of the Māori Law Review.

Dr Damen Ward is a Senior Crown Counsel at Crown Law and author. He was previously a Senior Associate at Simpson Grierson. Damen's doctorate is on British colonial policy on indigenous rights at Oxford University. Damen has worked on a number of High Court and appellate court cases relating to Maori issues. He has experience in a range of Waitangi Tribunal inquiries, foreshore and seabed issues, and on legal claims to rivers and riverbeds.

Horiana Irwin-Easthope is from Ngāti Porou, Ngāti Kahungunu and Rakaipāka. Horiana is the founding Tumuaki at Whāia Legal, a kaupapa Māori law firm she established in 2018. Horiana specialises in litigation, and public and environmental law. Horiana studied at Te Herenga Waka Victoria University Law school graduating with an LLB / BA, and Harvard Law School where she graduated with an LLM in 2014.

Nerys Udy is from Ngāi Tahu, and is a junior barrister at Thorndon Chambers. Nerys was previously a judges’ clerk to Chief Justice Winkelmann in the Supreme Court and graduated from the University of Otago with an LLB (Hons, First Class). When at Otago, Nerys received the University of Otago Premier Award for Top Humanities Student in a First Degree and the University of Otago Prestige in Law Scholarship.