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8 Cards in this Set
- Front
- Back
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Principles of the treaty NZMC (1987) Created by the principles clause in SOE Act 1986 |
Partnership Active protection of Maori by the Crown Right of redress following a treaty breach Right of Crown to govern Recognition of Maori rangatiratanga over Maori land and culture |
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Nireaha Tamaki v Baker (1901)
Wallis v Solicitor-General (1903) |
Wi Parata decided rightly on facts but wrong to argue that MCL didn't exist and that native title warranted
Pushed further stating that courts needed to fact in accordance with constitutional function of checking the executive |
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Legislation pertaining to Wi Parata precedent
Native Land Act
Maori Affairs Act
Maori Affairs Amendment Act
Re Bed of the Wanganui River Re the Ninety-Mile Beach |
1909
1953
1967: sparker civil rights movement
1962 1963 |
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Te Weehi v Regional Fisheries Officer |
1986: Recognised Maori customary fishing rights |
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NZ Settlements Act
Native Land Acts |
1863
1862/1865 |
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SOE Act
RMA
Te Ture Whenua Maori Act |
1986: s9 - govt. actions in accordance with treaty principles 1991: Regulated use of natural and physical resources in accordance with the Treaty 1993: Protects customary ownership |
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Foreshore and Seabed Act |
2004: Regulated use of fsasb Guaranteed public use of fsasb not in private hands Protected customary rights associated with fsasb Recognised territorial rights which if proved can begin negotiations with Crown for redress
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Marine and Coastal Area (Takutai Moana) Act |
2011: Replaced Foreshore and Seabed Act If Maori can prove customary ownership then customary marine title granted though Maori Land Court cannot transform into freehold title Crown protects public access to fsasb but no claimed ownership
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