During a brief flirtation in the world of Real Estate nearly 40 years ago I embarked on a polytech course for a Real Estate Licence that included a paper on “Contract Law”.

It was comprehensive in covering what was required to make an agreement between parties an enforceable Contract, even down to verbal and handshakes.

Admittedly it was in terms of all law still rather shallow but one stand out for me that has arisen lately as to any binding terms emanating from the rather chaotic assembly at Waitangi nearing 200 years ago the increasingly toxic environment of race relations currently needs a degree of relitigation in Legislative decision making is the now established facts around language and understanding by the parties.

On one side stood a military governor who held standing as appointed by a representative legislative body, the Government of the United Kingdom who were attempting to establish dominion over lands recently colonised in the norms and established order of the day.
On the other side were a bunch of disparate leaders who had obtained power over native peoples with no established laws beyond might is right and occupation of any and all lands believed to be “Owned” resulting from conquest. The Language of these native peoples was entirely Oral and it was down to some itinerant padres of the UK to try to attempt to create a written version for the Paper to be signed.

Now it is being revealed after almost two centuries there are today being used, more than one version following the 1840 ceremonial signing and any one version when appropriate for the Tribunal and the courts to interpret so as I think lawyer trained Richard Prebble points out, the whole “house of cards” is toppling and there is no treaty as such in our inherited UK based laws.
The fact that the Native signatories had no substantive right to be signing anything on behalf of”Their Peoples in recognised laws of the time , with others such as the Bay of Plenty mob, Tu Hoe who never signed at all, pretty well sets the whole matter null and void.

All this country needs to do is acknowledge that basic fact legislatively, end the whole handbrake industry and move on as one nation, one people, one law one government.