Part I of this book uses the approach of constitutional realism to examine the meaning of the Treaty of Waitangi, its legal status and force, and its constitutional place in 1840. In greater depth, Part II does the same thing for the current meaning, legal status and force, and constitutional place of the Treaty. Part III looks at where we might want the Treaty to be in the future.

This book suggests that the Treaty of Waitangi is best understood as representing an explicit commitment to the health of the relationships between the Crown, Maori, and other New Zealanders. Yet the specific meaning of the Treaty in relation to particular issues depends on context and therefore remains uncertain. This uncertainty is exacerbated by what I find to be the incoherent legal status and inconsistent legal force of the Treaty of Waitangi. Underlying this is the continuing contested and tense uncertainty of the constitutional roles of New Zealand's public institutions in relation to the Treaty of Waitangi today.

The key focus of the forward-looking part of the book is on how to achieve the objective of healthy relationships between the Crown, Maori and other New Zealanders. I conclude that, in order better to achieve this objective, change is desirable - change that stabilises the place of the Treaty of Waitangi in New Zealand's law and constitution. I suggest that the Treaty should be given legal force, as judged independently by a new Treaty of Waitangi Court.

Irrespective of whether such a suggestion finds favour, the primary aim of the book is to provoke and encourage a more constructive and coherent public discussion in New Zealand of what 'we' - the Crown, Maori and other New Zealanders - want, how we want to achieve it and how we want to decide on those questions.

On page 150 is a short passage summarising what the Treaty of Waitangi means according to the authoritative statements that are common to the institutions that exercise public power in New Zealand - the Courts, Cabinet, Parliament and the Waitangi Tribunal. The statement is:

"The Treaty of Waitangi, and it principles,

should be interpreted broadly, generously and practically,

in new and changing circumstances as they arise;

As an agreement upholding the Crown’s legitimacy, in governing New Zealand for the benefit of all New Zealanders,

in exchange for the Crown’s active protection of rangatiratanga, or authority of hapu, iwi and Māori generally to use and control their own interests,

especially in relation to land, fisheries and te reo Māori and their other tangible and intangible taonga or valued possessions.

The Crown must also ensure that Māori enjoy the rights and privileges of Pakeha New Zealanders.

Since this agreement involves a continuing relationship,

akin to partnership between the Crown and Māori,

the parties should act reasonably and in good faith towards each other, consulting with each other, 

compromising where appropriate,

and reasonably redressing past breaches of the Treaty."

The book can be ordered online from Victoria University Press using the link indicated.