A phenomenon I have only just recently registered, but which really (when I cast my memory back) has been around all my life, is how little conviction and belief the Crown and its supporters have in the language, culture and laws they derived from England.
Take just one word and its legal, linguistic and cultural meanings as an example: “rightfully.”
When I see and hear that word I immediately get that it is a compound of “right” and “fully”.
The first part (right) brings to mind classic English words, phrases and colloquialisms like: “the golden rule”, “courage of one’s convictions”, “a moral compass”, “a sense of responsibility”, “the sword of righteousness”, “defender of truth”, “the ten commandments”. When you use the word “right” you are describing something in the Crown’s language and law that is right – not wrong.
The second part (fully) brings to mind other great English colloquialisms and phrases like “a sense of completeness”, “full as a bull”, “chocker-block”, “pregnant with possibility”, “my cup runneth over”, “total capacity”. When you use the word "fully", you are describing something in the Crown’s law, language and culture that is in a state of fullness – not emptiness.
The compound word “rightfully” not only holds all of the meanings of both its parts, it takes on a number of additional meanings as well. However, none of those meanings adds up to a state of wrong or emptiness.
So, can the word “rightfully” be applied today to the Crown’s assertions in word and deed that it is sovereign with dominion over the country known as New Zealand?
The answer to that question has been evolving for some time now through the kōrero, research and writings coming out of the marae and hui, parliament and select committees, the universities and institutions of this and other lands, the United Nations, the media. But nowhere is it more clearly to be seen taking shape than within the courts and tribunals of this and other lands.
From my long observation of the courts and three decades of working on the interface between the Crown and Māori, the answer is “no”. No, the Crown cannot yet rightfully assert that it holds sovereignty and dominion over this country. No, it cannot continue to get away with breaking its own laws. No, it cannot continue without a written constitution based on Te Tiriti o Waitangi.
The Crown is inching towards doing the “right” thing “fully”. It’s going begrudgingly, even angrily at times; consider Chris Finlayson’s outburst last year telling Ngāti Kahu to go to hell. But it is going.
It has been prophesied that one day we shall all see eye to eye, and that which is wrong shall be set right. That day is coming.
Until then the trend is clear. Māori and others who have strong conviction and belief in both the Māori and English cultures, languages and laws will continue to fight for and win well-argued and legal outcomes against the Crown’s unrighteous dominion.
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