The Shapeshifting Crown Locating the State in Postcolonial New Zealand, Australia, Canada and the UK
Book contents
- The Shapeshifting Crown
- The Shapeshifting Crown
- Copyright page
- Contents
- Figures
- Acknowledgements
- Table of Statutes and Cases
- 1 Introduction
- Part I The Nature and Development of the Crown
- 2 Genealogies of the Modern Crown
- 3 The Crown as Metonym for the State?
- 4 Indigenous Peoples and the Crown
- Part II The Crown as an Embodied Entity
- Part III The Crown and Constitutional Reform
- Index
- References
4 - Indigenous Peoples and the Crown
The Sacred Duty
from Part I - The Nature and Development of the Crown
Published online by Cambridge University Press: 13 January 2019
By
Book contents
- The Shapeshifting Crown
- The Shapeshifting Crown
- Copyright page
- Contents
- Figures
- Acknowledgements
- Table of Statutes and Cases
- 1 Introduction
- Part I The Nature and Development of the Crown
- 2 Genealogies of the Modern Crown
- 3 The Crown as Metonym for the State?
- 4 Indigenous Peoples and the Crown
- Part II The Crown as an Embodied Entity
- Part III The Crown and Constitutional Reform
- Index
- References
Summary
The Crown was responsible for depriving indigenous peoples in settler states of their lands and sovereignty. Yet the indigenous peoples of Canada and New Zealand often appeal to the Crown, rather than to the government or the state, for rights and care. How can the Crown be simultaneously the historical thief who stole land and the contemporary vehicle for remedying the wrongs of colonisation? What does this reveal about postcolonial politics? I show how the Crown’s functional ambiguity in Canada and New Zealand enables it to perform relational and moral duties that would be impossible if it were more prescriptively defined. I contrast this with Australia, where the Crown is considered largely irrelevant and no concept of ‘the honour of the Crown’ exists. I argue that indigenous peoples’ emphasis of the Crown’s significance and their relationships to it further embed the concept of the Crown in those societies.
- Type
- Chapter
- Information
- The Shapeshifting CrownLocating the State in Postcolonial New Zealand, Australia, Canada and the UK, pp. 75 - 98Publisher: Cambridge University PressPrint publication year: 2019
References
Attwood, Bain. 2005. Telling the Truth about Aboriginal History. Sydney: Allen and Unwin.Google Scholar
Australian Bureau of Statistics. 2015. Accessed 8 April 2018 at www.abs.gov.au/ausstats/abs@.nsf/mf/3238.0.Google Scholar
Australian Law Reform Commission. 2015. Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126). 4 June 2015. Sydney: Australian Government, Australian Law Reform Commission. Accessed 10 January 2016 at www.alrc.gov.au/publications/alrc126Google Scholar
Bashford, Alison and Macintyre, Stuart. 2013. The Cambridge History of Australia. Cambridge and Port Melbourne, Victoria: Cambridge University Press.Google Scholar
Blackstone, William. 1765. Commentaries on the Laws of England. Oxford: Clarendon Press.Google Scholar
Behrendt, Larissa. 2000. Bargaining on More Than Good Will: Recognising a Fiduciary Obligation in Native Title. Issues Paper: Land, Rights, Laws: Issues of Native Title 2(4). Canberra: Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies.Google Scholar
Behrendt, Larissa. 2002. ‘Responsibility in Governance: Implied Rights, Fiduciary Obligation and Indigenous Peoples.’ Australian Journal of Public Administration 61(2): 106–18.Google Scholar
Belgrave, Michael. 2017. Dancing with the King: The Rise and Fall of the King Country, 1864–1885. Auckland: Auckland University Press.Google Scholar
Borrows, John. 1997. ‘Wampum at Niagara: The Royal Procalamation, Canadian Legal History, and Self-Government.’ In Aboriginal and Treaty Rights in Canada: Essays on Law, Equality, and Respect for Difference, edited by Asch, Michael, 155–72. Vancouver: University of British Columbia Press, 1997.Google Scholar
Borrows, John. 2015. ‘The Durability of terra nullius: Tsilhqot’in Nation v British Columbia.’ University of British Columbia Law Review 48(3): 701–42.Google Scholar
Borrows, John and Coyle, Michael. 2017. The Right Relationship: Reimagining the Implementation of Historical Treaties. Toronto: University of Toronto Press.Google Scholar
Brash, Don. 2004. Nationhood, Orewa Rotary Club. Website. Accessed on 5 April 2018 at www.scoop.co.nz/stories/PA0401/S00220.htm.Google Scholar
Brennan, Sean, Gunn, Brenda and Williams, George. 2004. ‘“Sovereignty” and Its Relevance to Treaty-Making between Indigenous Peoples and Australian Governments.’ Sydney Law Review 26(3): 307–52.Google Scholar
Christie, Gordon. 2015. ‘Who Makes Decisions Over Aboriginal Title Lands?’ University of British Columbia Law Review 48(3): 743–92.Google Scholar
Comaroff, John and Comaroff, Jean. 2009. Ethnicity, Inc. Chicago: University of Chicago Press.Google Scholar
Constitutional Advisory Panel. 2013. New Zealand’s Constitution: A Report on a Conversation. Wellington: Ministry of Justice.Google Scholar
Davis, Megan and Williams, George. 2015. Everything You Need to Know about the Referendum to Recognise Indigenous Australians. Sydney: NewSouth Publishing.Google Scholar
Dodson, Mick. 2012. Constitutional Recognition of Indigenous Australians. openresearch-repository.anu.edu.au/bitstream/1885/9453/1/Dodson_ConstitutionalRecognition2012.pdf.Google Scholar
Ford, Lisa and Rowse, Tim (eds.). 2012. Between Indigenous and Settler Governance. Abingdon, Oxon and New York: Routledge.Google Scholar
George III, . 1787. ‘Instructions to Governor Phillip. 23 April 1787.’ Historical Records of New South Wales 1(2).Google Scholar
Godfery, Morgan. 2018. The Crown: Is It Still ‘White’ and ‘English-Speaking’? The Round Table: The Commonwealth Journal of International Affairs. 107(4): 493–506.Google Scholar
Gover, Kirsty. 2012. ‘Indigenous Jurisdiction as a Provocation of Settler State Political Theory: The Significance of Human Boundaries.’ In Between Indigenous and Settler Governance, edited by Ford, L. and Rowse, T., 187–99. Abingdon: Routledge.Google Scholar
Gover, Kirsty. 2016. ‘The Honour of the Crowns: State-Indigenous Fiduciary Relationships and Australian Exceptionalism.’ Sydney Law Review 38: 339–68.Google Scholar
Gover, Kirsty and Hancock, Frances. 2002. He Tirohanga ō Kawa ki te Tiriti o Waitangi: A Guide to the Principles of the Treaty of Waitangi. Wellington: Te Puni Kokiri.Google Scholar
Hayward, Janine. 1995. In Search of a Treaty Partner. Unpublished PhD Thesis. University of Auckland.Google Scholar
Her Majesty’s Royal Chapel of the Mohawks. 2018. Her Majesty’s Royal Chapel of the Mohawks: Where Royalty and Nations Unify. About the chapel. Website. mohawkchapel.ca/about/.Google Scholar
Hill, Richard. 2004. State Authority, Indigenous Autonomy: Crown-Māori Relations in New Zealand/Aotearoa 1900–1950. Wellington: Victoria University Press.Google Scholar
Hirst, John. 1983. Convict Society and Its Enemies: A History of Early New South Wales. Sydney: George Allen & Unwin.Google Scholar
Lea, Tess. 2012. ‘Contemporary Anthropologies of Indigenous Australia.’ Annual Review of Anthropology 41: 187–202.Google Scholar
McAllister, Patrick. 2012. National Days and the Politics of Indigenous and Local Identities in Australia and New Zealand. Durham, NC: Carolina Academic Press.Google Scholar
McCormack, Fiona. 2011. ‘Levels of Indigeneity: The Maori and Neoliberalism.’ Journal of the Royal Anthropological Institute 17(2): 281–300.Google Scholar
McHugh, Paul. 2000. ‘Sovereignty This Century: Māori and the Common Law Constitution.’ Victoria University of Wellington Law Review 31(1): 1–28.Google Scholar
McHugh, Paul. 2009. ‘Sovereignty in Australasia: Comparatively Different Histories.’ Legal History 13(1): 57–92.Google Scholar
McHugh, Paul. 2011. Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights. Oxford: Oxford University Press.Google Scholar
McHugh, Paul and Ford, Lisa. 2012. ‘Settler Sovereignty and the Shapeshifting Crown.’ In Between Indigenous and Settler Governance, edited by Ford, L. and Rowse, T., 23–34. New York and Abingdon, Oxon: Routledge.Google Scholar
McKenna, Mark. 2004. This Country: A Reconciled Republic? Sydney: University of New South Wales Press.Google Scholar
McLean, Janet. 2008. ‘“Crown Him with Many Crowns”: The Crown and the Treaty of Waitangi.’ New Zealand Journal of Public and International Law 6(1): 34–58.Google Scholar
McLean, Janet. 2015. ‘Crown, Empire and Redressing the Historical Wrongs of Colonisation in New Zealand.’ New Zealand Law Review 26(2): 187–212.Google Scholar
Miller, J. R. 2013. The Royal Proclamation – ‘the Indians’ Magna Carta’? Active History. History and Policy. 30 September. activehistory.ca/2013/09/the-royal-proclamation-the-indians-magna-carta/.Google Scholar
Milton, Kay. 2002. Environmentalism and Cultural Theory: Exploring the Role of Anthropology in Environmental Discourse. Abingdon, Oxon: Routledge.Google Scholar
Myers, Fred. 1986. Pintupi Country, Pintupi Self: Sentiment, Place, and Politics among Western Desert Aborigines. Berkeley and Los Angeles: University of California Press.Google Scholar
O’Malley, Vincent. 2016. The Great War for New Zealand: Waikato 1800–2000. Wellington: Bridget Williams Books.Google Scholar
O’Malley, Vincent, Stirling, Bruce and Penetito, Wally. 2010. The Treaty of Waitangi Companion: Māori and Pākehā from Tasman to Today. Auckland: Auckland University Press.Google Scholar
Rata, Elizabeth. 2005. ‘Rethinking Biculturalism.’ Anthropological Theory 5(3): 267–84.CrossRefGoogle Scholar
Referendum Council. 2017. Uluru Statement from the Heart. Website. www.referendumcouncil.org.au/sites/default/files/2017-05/Uluru_Statement_From_The_Heart_0.PDF.Google Scholar
Round, David. 1998. Truth or Treaty? Commonsense Questions about the Treaty of Waitangi. Christchurch: University of Canterbury Press.Google Scholar
Royal Proclamation. 1763 (British North America). Accessed 7 April 2018 at atindigenousfoundations.arts.ubc.ca/royal_proclamation_1763/ [Website includes a facsimile of the original Proclamation].Google Scholar
Saunders, Cheryl. 2014. ‘The Concept of the Crown.’ Melbourne University Law Review. 38(3): 873–96.Google Scholar
Secher, Ulla. 2014. Aboriginal Customary Law: A Source of Common Law Title to Land. Oxford: Hart Publishing.Google Scholar
Shore, Cris and Kawharu, Margaret. 2014. ‘The Crown in New Zealand: Anthropological Perspectives on an Imagined Sovereign.’ Sites. 11(1): 17–38.Google Scholar
Slattery, Brian. 2005. ‘Aboriginal Rights and the Honour of the Crown.’ Supreme Court Law Review 29: 433–45.Google Scholar
Statistics New Zealand. 2017. Māori Population Estimates: Mean Year Ended 31 December 2016. archive.stats.govt.nz/browse_for_stats/population/estimates_and_projections/MaoriPopulationEstimates_HOTPMYe31Dec16.aspx.Google Scholar
Strang, Veronica. 2005. ‘Knowing Me, Knowing You: Aboriginal and European Concepts of Nature as Self and Other.’ Worldviews: Global Religions, Culture, and Ecology 9(1): 25–56.Google Scholar
Te Ao Hou. 1963. ‘Queen Elizabeth Visits Waitangi.’ Te Ao Hou: the Māori Magazine, Special Royal Visit Issue. March (42): 23–29. [Digital archive] Accessed 5 May 2017 at teaohou.natlib.govt.nz/journals/teaohou/thumbnails/Mao42TeA.html.Google Scholar
Turnbull, Malcolm. 2017. Response to Referendum Council’s report on Constitutional Recognition. Malcolm Turnbull Prime Minister of Australia. Media releases. October 26. www.malcolmturnbull.com.au/media/response-to-referendum-councils-report-on-constitutional-recognition.Google Scholar
Waitangi Tribunal. 1983. Report of the Waitangi Tribunal on the Motunui–Waitara Claim (Wai 6). Wellington, Waitangi Tribunal.Google Scholar
Ward, Alan. 2015. An Unsettled History: Treaty Claims in New Zealand Today. Wellington: Bridget Williams Books.Google Scholar
Wheen, Nicola and Hayward, Janine (eds.). 2012. Treaty of Waitangi Settlements. Wellington: Bridget Williams Books.Google Scholar
Williams, David V. 2017. ‘Myths and History: The Treaty of Waitangi as “the Magna Charta of New Zealand”.’ In Magna Carta and New Zealand, edited by Winter, Stephen and Jones, Chris. Cham: Palgrave Macmillan.Google Scholar
Wolfe, Patrick. 1999. Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event. London: Cassell.Google Scholar