bastion point essay

Good Essays
INTRODUCTION
Misleading, unorganized and inconclusive are only a few words to describe the signing of the treaty of Waitangi on the 6th of February 1840. The 3 official articles released were so heavily rushed that the responses following have damaged the Maori & English’s relationship for good. These articles have almost completely different translations, and ownership rights unsettled- leaving the maori chiefs at the time confused and uneducated. The responses that followed included some violent and nonviolent that lasted between a few days and about 2 years. These were the Northern wars, and Bastion point.

TOPIC ONE

Bastion point was arguably one of the most symbolic protests of Maori land rights. Tribe Ngati Whatua had their land stripped from them in many occasions, including one of their sacred fisheries in Okahu bay being used as a major sewage outlet in Auckland. In the 1970’s the British crown began to plan a housing development, using the Ngati Whatua’s ‘borrowed’ land. This historic piece of land is known as bastion point. A major outburst from nearby tribes sparked a 506 day non-violent protest. Eventually the protest won, and a tribunal case was filed. The Maoris eventually had some of their land returned.

Bastion Point suffered a painfully long protest as a consequence of a terribly rushed Treaty of Waitangi. The protest represents the tiresome struggle of land-robbed Maori tribes, how the treaty of Waitangi has completely confused ownership rights. In Article one of the treaty of Waitangi, which was about all subject to English sovereignty, the maori version was confusing, as the word for sovereignty was cunningly replaced with the made up word of kawanatanga- so the English didn’t have to use the word mana (maori would definitely not give over their mana to the British).The English version of Article two states that the Maori could have undisturbed land rights, that they had to sell to the government first before selling to settlers. A word

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The concept of owning land was a completely new idea for the Hawaiian people. This "land ownership" idea was a major demand from foreigners. To the Hawaiian people, land belonged to the gods. People were not meant to own land, just care for it. Foreigners were very frustrated with the fact that they needed permission from the king to build a house, church, etc… Even then it could be revoked and the house or church would be ripped to the ground. Some of these foreigners acted as they did own the land that they lived on and expected their home governments to back them up. On November 16th, 1836 British war ships came to Hawaii with a treaty attempting to solve the land disagreements.…

    • 673 Words
    • 2 Pages
    Satisfactory Essays
  • Best Essays

    The Great Mahele

    • 2940 Words
    • 12 Pages

    In 1848, An event called the “Mahele” changed the traditional Hawaiian system of land tenure from communal use to private ownership (Kameeleihiwa 3). Events in the past of Hawaii, like the Mahele of 1848, left a devastating mark in Hawaii’s history; It helped eventually lead to the overthrow of the monarch and still affects today’s problems in Hawaii.…

    • 2940 Words
    • 12 Pages
    Best Essays
  • Good Essays

    Native title is a legal right on Indigenous Australian Communities to live on and use land with which they have an ongoing association. Native title has been an issue as its difficult determining whether Australia was ‘terra nullius’ and it wasn’t the Indigenous ad to prove they have traditional links with the land. The conditions that have led to reform to the ‘terra nullius’ claim were by aboriginal activists challenging Australian sovereignty on the grounds that terra nullius was applied improperly. Mechanisms that have been put into action are the Native Title Act 1993 (Cwlth) which was enacted by the Mabo cases and the Native Title Amendment 1998 (Cwlth) by the Wik case.…

    • 1062 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    MABO PRACTICE ESSAY PRIDE

    • 1055 Words
    • 3 Pages

    The 1992 Landmarks High Court case abolishing the doctrine of ‘Terra Nullius’; the foundation of Australia’s settlement paved way for the ‘Native Title Act 1993’. Following the 20 year commemoration of the Mabo decision, the 2012 telemovie ‘Mabo’ directed by Rachel Perkins was released. It depicts the life of Murray Islander man and activist Eddie Koiki Mabo and his family in his grueling fight for land rights. Pride comes before the fall – the ego of one stems destruction. Pride is a sense of satisfaction derived from one’s achievements. It is also a feeling of self-worth and dignity. Eddie is of Murray Island decent and this background stems a lot of pride. The Indigenous race have suffered from racist values of society and it is Eddie’s pride in his race that stems his battle for justice and equality.…

    • 1055 Words
    • 3 Pages
    Powerful Essays
  • Powerful Essays

    The legal fiction upon which Australia was founded refers to the British doctrine, “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded, even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the widely known Mabo Case. In May 1982, Eddie Mabo and four other plaintiffs of the Murray Islands pursued confirmation of their traditional land rights in the High Court of Australia. Their claim had been that Murray Island (Mer) had been previously inhabited and had been possessed by the Meriam people with their own social and political organisations. After 10 years and the death of Mabo, on June 3 1992, the High Court ruled that the lands of Australia were not terra nullius when European settlement occurred and the Meriam people were entitled to the lands of Murray Island. Then in December 1993, the Native Title Act was produced as part of the Commonwealth’s response to the High Court’s decision to protect the native lands of Aboriginals. The legal fiction has therefore had a major impact on Australia’s legal history with the introduction of the Native Title Act where the Aboriginal and Torres Strait Islanders were compensated for the dispossession of their lands.…

    • 2019 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Makah and Whaling

    • 2207 Words
    • 9 Pages

    References: Barker, Joanne, 2005. Sovereignty Matters: Locations of Contestation and Possibility in Indigenous Struggles for Self-Determination. Lincoln, NE: University of Nebraska Press.…

    • 2207 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    The Yirralka bark petitions, Wave Hill walk-off, Mabo Case and the Native Title being introduced all contributed into the development of Aboriginal Australians land rights. The initial struggle for rights began in 1963 (Australian Institute of Aboriginal and Torres Strait Islander Studies, 2016). This was the struggle of the Yolngu people and their land. They produced a petition and sent it to the government. Subsequently denied, the Yolngu people were not defeated. Instead, they started another case against the government. 1971, the year of the case Milirrpum v Nabalco Pty Ltd, was slightly successful. Commonly known as the Gove land rights case, it protested the use of the Yolngu people’s land for mining purposes. The government acknowledged the connection the Yolngu had with the land but denied the case due to restrictive laws. This caused the Whitlam Government to investigate Aboriginal land rights which subsequently led to the Aboriginal Land Rights Act, 1972 (Creative Spirits, 2016). After this struggle, the ability for land to be given back was acquired.It was during this time that Vincent Lingiari had been striking for better pay and working conditions but, as he gained momentum it became about land. This new Act allowed for success, Vincent Lingiari of the Gurindji tribe was famously given back his land by prime minister Gough Whitlam with a symbolic gesture (see appendix 1). This success occurred due to the addition of a new legal…

    • 1299 Words
    • 6 Pages
    Better Essays
  • Better Essays

    The land of the aborigines was robbed and exploited leaving them with nothing when the British arrived in the 1770. This all however began to be extinguished in 1966 with the beginning of the Aborigine land rights movement. Eddie Mabo/ the land rights movement played a substantially influential role in pushing exceedingly for the native title rights for the indigenous people and played a key role in the Native Title Act which extinguished terra nullius and acknowledged the land of the Indigenous people of Australia. This was consequently brought upon the people of Australia firstly by the Gurinhji strike, secondly by the Eddie Mabo case and lastly by the Wik case. These movements were intended to change the racial inequality in land rights…

    • 947 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Mabo V State

    • 1155 Words
    • 5 Pages

    Mabo and others v State of Queensland (No.2 (1992) HCA 23, is arguably one of the most famous native title claims in Australian history. This case was the first in Australian history to successfully overturn Terra Nullius and essentially led to the creation of the Native Title Act 1993 (Cth) (‘The Act’). Terra nullius means land belonging to no one or land that has never been subject to sovereignty of any state and is a part of International Law. The majority of Indigenous People view terra nullius in a negative way, as this term had been used as a means for justifying invasion or takeovers of traditional land. The result of terra –nullius on ATSI (Aboriginal and Torres Straight Islanders) meant that they have suffered countless wrong doings and injustice towards them.…

    • 1155 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Evidently, the land rights movement involves the ideas of the Wik, Mabo decision, as well as the Native Title. Aboriginal people are able to rebuild connections with their spirituality, through the land. Aspects of Indigenous Aboriginal spirituality such as ancestral spirit beings, totems, sacred duties and rituals are held within the land.…

    • 279 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Oka Crisis

    • 876 Words
    • 4 Pages

    Land ownership is arguably one of the most controversial aspects of Aboriginal human rights today in Canada. The issue of land ownership reached a tense climax in the summer of 1990, when a violent standoff erupted over ownership rights to a piece of land within the town of Oka. The 78-day standoff between the Quebec Police and the Mohawks of Kanesatake was one of the most revolutionary acts of defiance of Canadian Aboriginals in the 20th century.…

    • 876 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Mabo Decision was the outcome of the protest led by Eddie Mabo with a group of people from the Murray Islands in Torres Strait claiming that they had ownership of the islands before the white people settled. This act was very successful leading to the High Court deciding that the Murray Islanders were entitled to possession, occupation, enjoyment and use of the lands. The Mabo Decision overturned the concept of Terra Nullius (‘the land belonging to no one’) meaning the Australians recognised that the native title still…

    • 1104 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The Mabo Decision

    • 1155 Words
    • 5 Pages

    Since 1918, Aboriginal and Torres Strait Islanders (ATSI) have achieved a great deal of change in both political and social ways, though it was not without struggle. Many of these achievements are derived from several events, such as the Mabo Decision which was the long battle that lead to the recognition of Aboriginal land rights. Other events also contributed, such as the long process of reconciling the relationships between ATSI peoples and Australians, the Bringing Them Home Report which helped lead to the Apology. All of these events are important in Aboriginal culture as they all inspired change in the Australian community.…

    • 1155 Words
    • 5 Pages
    Powerful Essays
  • Best Essays

    Discrimination in Canada

    • 1480 Words
    • 6 Pages

    Wilson J. C. August 10th 2012. (The globe and mail) “ownership of land” date retrieved January 24, 2013 from http://www.theglobeandmail.com/commentary/columnists/first-nations-want-property-rights-but-on-our-own-terms/article4472569/…

    • 1480 Words
    • 6 Pages
    Best Essays
  • Good Essays

    Mabo Case Study Australia

    • 1596 Words
    • 7 Pages

    “the Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands.” (Justice Brennan…

    • 1596 Words
    • 7 Pages
    Good Essays