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Author: Claire Charters
Publisher: Victoria University Press
ISBN: 9780864735539
Category : History
Languages : en
Pages : 228
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Book Description
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.
Author: Claire Charters
Publisher: Victoria University Press
ISBN: 9780864735539
Category : History
Languages : en
Pages : 228
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Book Description
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.
Author: Richard Boast
Publisher:
ISBN: 9780408717908
Category : Maori
Languages : en
Pages : 308
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Book Description
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.
Author: Hugh Barr
Publisher: Tross Publishing
ISBN: 9781872970240
Category : Indigenous peoples
Languages : en
Pages : 112
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Book Description
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.
Author: New Zealand. Waitangi Tribunal
Publisher:
ISBN: 9781869562724
Category : Law
Languages : en
Pages : 202
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Book Description
This report is the outcome of an urgent inquiry into the Crowns̉ policy for the foreshore and seabed of Aotearoa-New Zealand.
Author: Aroha Harris
Publisher: Huia Publishers
ISBN: 9781869691011
Category : History
Languages : en
Pages : 168
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Book Description
What have Maori been protesting about? What has been achieved? This book provides an overview of the contemporary Maori protest 'movement', a summary of the rationale behind the actions, and a wonderful collection of photographs of the action u the protests, the marches and the toil behind the scenes. And it provides a glimpse of the fruits of that protest u the Waitangi Tribunal and the opportunity to prepare, present and negotiate Treaty settlements; Maori language made an official language; Maori-medium education; Maori health providers; iwi radio and, in 2004, Maori television.
Author: Robert J. Miller
Publisher: OUP Oxford
ISBN: 0191627631
Category : Law
Languages : en
Pages : 1396
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Book Description
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Author: David V. Williams
Publisher: Auckland University Press
ISBN: 1775580083
Category : History
Languages : en
Pages : 427
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Book Description
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.
Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280
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Book Description
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Author: Richard Allen Epstein
Publisher:
ISBN: 9781877148972
Category : Customary law
Languages : en
Pages : 15
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Book Description
Author: Benjamin J Richardson
Publisher: Bloomsbury Publishing
ISBN: 1509942203
Category : Law
Languages : en
Pages : 446
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Book Description
Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.
