Māori Property Rights and the Foreshore and Seabed

Māori Property Rights and the Foreshore and Seabed PDF

Author: Claire Charters

Publisher: Victoria University Press

Published: 2007

Total Pages: 228

ISBN-13: 9780864735539

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Exploring an issue of international significance, this collection of essays addresses the reconciliation of the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. Focusing upon the Maori tribes of New Zealand, topics include the historical origins of the Ngati Apa decision--one of the most controversial modern decisions on Maori rights--how the Foreshore and Seabed Act (FSA) compares with schemes created in other countries with indigenous inhabitants, how the FSA has led to major changes in the country's political landscape, and how it stacks up against international human rights and environmental laws. This detailed study also explores New Zealand's legislation and how it has undermined the rights of Maori tribes, tipping the reconciliation process too far in favor of the state.

A Simple Nullity?

A Simple Nullity? PDF

Author: David V. Williams

Publisher: Auckland University Press

Published: 2013-11-01

Total Pages: 427

ISBN-13: 1775580083

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When the New Zealand Supreme Court ruled on Wi Parata v the Bishop of Wellington in 1877, the judges infamously dismissed the relevance of the Treaty of Waitangi. During the past 25 years, judges, lawyers, and commentators have castigated this &“simple nullity&” view of the treaty. The infamous case has been seen as symbolic of the neglect of Maori rights by settlers, the government, and New Zealand law. In this book, the Wi Parata case—the protagonists, the origins of the dispute, the years of legal back and forth—is given a fresh look, affording new insights into both Maori-Pakeha relations in the 19th century and the legal position of the treaty. As relevant today as they were at the time of the case ruling, arguments about the place of Indigenous Maori and Pakeha settlers in New Zealand are brought to light.

Foreshore and Seabed

Foreshore and Seabed PDF

Author: Richard Boast

Publisher:

Published: 2005

Total Pages: 308

ISBN-13: 9780408717908

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Foreshore and Seabed provides an overview of the common law relating to the foreshore and seabed, the context of the Court of Appeal's Ngati Apa decision in 2003 over Maori common law rights in the foreshore and seabed, and the policy, history, and key provisions of Foreshore and Seabed Act 2004.

The Gathering Storm Over the Foreshore and Seabed

The Gathering Storm Over the Foreshore and Seabed PDF

Author: Hugh Barr

Publisher: Tross Publishing

Published: 2010-01-01

Total Pages: 112

ISBN-13: 9781872970240

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This book discusses the background to the National Government's astounding U-turn in introducing a Bill to Parliament to remove Crown (i.e. public) ownership from New Zealand's foreshore and seabed. This is solely to allow Maori tribal groups to own areas of the foreshore and seabed, including the currently Crown owned resources they contain. This major political issue is a result of National's pact with the Maori Party to share power. This, the largest proposed race-based privatisation in New Zealand's history, will open a Pandora's box of claims, arguments and loss of public rights and resources. Additional steps to make the obtaining of customary title even easier are likely to follow. Privatisation to customary title means that tribal groups will be given very strong private property rights and so will be able to exploit the minerals, aquaculture, and control of recreational and commercial facilities (launching ramps, wharves, marinas, mooring buoys etc) in their areas, and charge fees to make money. The book also discusses the background of the person who has instituted these changes, the Attorney General, Christopher Finlayson, without whose influence it is unlikely that these astounding changes would be happening. The book is a lively and stimulating read that cuts through the National and Maori Parties' self-interest and secrecy. This is a very important issue that will adversely affect all New Zealanders for many years to come.

Waitangi & Indigenous Rights

Waitangi & Indigenous Rights PDF

Author: F. M. Brookfield

Publisher: Auckland University Press

Published: 2007-04-01

Total Pages: 265

ISBN-13: 1775582361

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This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.

The State of Maori Rights

The State of Maori Rights PDF

Author: Margaret Mutu

Publisher: Huia Publishers

Published: 2011-02-01

Total Pages: 199

ISBN-13: 1775502805

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The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a ‘mainstream’ media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective. The reviews demonstrate the ongoing settling of grievances against the Crown for breaches of the Treaty of Waitangi, the solutions Maori have advocated and the benefits to the country when Maori advice on these matters is followed. Key issues include: - the 1994 ‘fiscal envelope’ - the 50,000-strong protest march against foreshore and seabed - Pakeha media attacks on Maori MPs and Maori initiatives. Maori success stories are also acknowledged such as Michael Campbell, Robert Hewitt, Willie Apiata and films such as Whale Rider.

Maori Land Law

Maori Land Law PDF

Author: Richard Boast

Publisher:

Published: 2004

Total Pages: 302

ISBN-13: 9780408716918

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2nd edition of comprehensive text on Maori Land Law. This edition has been revised to include legislative amendments to Te Ture Whenua Maori Act, ongoing discussion regarding the foreshore and seabed, increased analysis of customary law, updated analysis of trusts, wills and sucession, and leases. Also includes information on customary law and land tenure, evolution 1862-1993, the Maori Land Court, title record, trusts, the Maori Trustee and agents, incorporation, leases and grants of rights, alienation by sale or gift, reserved land, other statutes, and the Treaty of Waitangi. Includes table of contents, table of cases, table of statutes and index.