Māori Property Rights and the Foreshore and Seabed
Māori Property Rights and the Foreshore and Seabed

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?

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.

The State of Maori Rights
The State of Maori Rights

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.

Property Rights and Sustainability
Property Rights and Sustainability

Author: David Grinlinton

Publisher: Martinus Nijhoff Publishers

Published: 2011-04-11

Total Pages: 449

ISBN-13: 9004182640

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This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.

Buying the Land, Selling the Land
Buying the Land, Selling the Land

Author: Richard Boast

Publisher: Victoria University Press

Published: 2008

Total Pages: 524

ISBN-13: 9780864735614

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Studying Crown Maori land policy and practice in the period 1869–1929, from the establishment of the Native Land Court power until the cessation of large-scale Crown purchasing by Gordon Coates, this investigation chronicles the bleak and grim tidal wave of Crown purchasing that dominated the Maori people under very difficult circumstances. While recognizing that the government purchasing of Maori land was in its own way driven by genuine, if blinkered, idealism, this work's deep research on land purchasing policy gives renewed insight on the significant politicians of the era, such as Sir Donald McLean, John Balance, and John McKenzie who were strong advocates of expanded and state-controlled land purchasing.

The Treaty of Waitangi
The Treaty of Waitangi

Author: Claudia Orange

Publisher: Bridget Williams Books

Published: 2015-12-21

Total Pages: 1009

ISBN-13: 1877242489

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"The Treaty of Waitangi was signed in 1840 by over 500 chiefs, and by William Hobson, representing the British Crown. To the British it was the means by which they gained sovereignty over New Zealand. But to Maori people it had a very different significance, and they are still affected by the terms of the Treaty, often adversely.The Treaty of Waitangi, the first comprehensive study of the Treaty, deals with its place in New Zealand history from its making to the present day. The story covers the several Treaty signings and the substantial differences between Maori and English texts; the debate over interpretation of land rights and the actions of settler governments determined to circumvent Treaty guarantees; the wars of sovereignty in the 1860s and the longstanding Maori struggle to secure a degree of autonomy and control over resources." --Publisher.

Indigenous Peoples, Marine Space and Resources, and International Law
Indigenous Peoples, Marine Space and Resources, and International Law

Author: Endalew Lijalem Enyew

Publisher: Taylor & Francis

Published: 2024-02-26

Total Pages: 343

ISBN-13: 1003860036

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This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.

Waitangi & Indigenous Rights
Waitangi & Indigenous Rights

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.