Samoa and New Zealand's special relationship: More than a Neighbour?
Kerslake, T. D. (2010). Samoa and New Zealand’s special relationship: More than a Neighbour? (Thesis, Master of Laws (LLM)). The University of Waikato, Hamilton, New Zealand. Retrieved from http://hdl.handle.net/10289/4384
Permanent Research Commons link: http://hdl.handle.net/10289/4384
This thesis will discuss in detail the special relationship between Samoa and New Zealand. From the Samoa and New Zealand relationship certain equitable obligations arise because of the special features ascertained in the relationship. These features include the historical and ongoing relationship of both countries as well as the Treaty of Friendship, a unique document that assists in regulating the relationship between both countries. The purpose of this thesis is to discover the true meaning of the special relationship between Samoa and New Zealand and discover the obligations that arise out of it. The special relationship of Samoa and New Zealand will be discussed in light of the fiduciary principles of a sui generis relationship. Such relationships have been found to exist in Crown-Aboriginal peoples' relationship in Canada and Australia. This thesis will develop how the Samoa-New Zealand relationship may be analogous to a Crown-Aboriginal peoples' relationship.A unique feature between the relationship of Samoa and New Zealand is what is encompassed in the text of the Treaty of Friendship. Discussion will focus on the importance of Treaties and the role treaties play in facilitating relationships between countries. Comparative analysis will be drawn on the Māori-Pākehā relationship and how it has developed since the principles of the Treaty of Waitangi have been identified by the New Zealand Court of Appeal. Through the articulation of the principles of the Treaty of Waitangi its status has been acknowledged. This thesis will use this analogy to show that through recognition of the text of the Treaty of Friendship, the special relationship between Samoa and New Zealand may give more legal and practical effect. Other special features of the Samoa-New Zealand relationship will be discussed in detail emphasising the difference of the Samoa-New Zealand relationship to other types of relationships.The articulation of the special relationship of Samoa-New Zealand will also identify the breaches that have occurred in the relationship. Such breaches include New Zealand maladministration during the colonial period and breaches that occurred during the post-independence era such as the Dawn Raids and the aftermath of the Lesa decision. This thesis will address these breaches and make suggestions on a way forward by addressing some of the crucial issues in the relationship to provide a firmer foundation. In this thesis, when reference is made to Samoa , this means the Independent State of Samoa, which was formerly known as German and Western Samoa. It is not referring to the Eastern Islands of Samoa known as American Samoa. The words Samoa and Western Samoa are used inter-changeably throughout the thesis. Both words refer to the Independent State of Samoa and are synonymous except where stated.
The University of Waikato
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