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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: 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: 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: Richard Boast
Publisher: Butterworth-Heinemann
ISBN:
Category : Customary law
Languages : en
Pages : 364
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Book Description
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: David Grinlinton
Publisher: Martinus Nijhoff Publishers
ISBN: 9004182640
Category : Law
Languages : en
Pages : 449
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Book Description
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.
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: Margaret Mutu
Publisher: Huia Publishers
ISBN: 1775502805
Category : Social Science
Languages : en
Pages : 242
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Book Description
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.
Author: Endalew Lijalem Enyew
Publisher: Taylor & Francis
ISBN: 1003860036
Category : Law
Languages : en
Pages : 343
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Book Description
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.
Author: Nicole Graham
Publisher: Taylor & Francis
ISBN: 1000737551
Category : Law
Languages : en
Pages : 449
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Book Description
This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
