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28 Cards in this Set

  • Front
  • Back

New Zealand Company

1830s company that purchased supposedly 1/3 of New Zealand. A main trigger of the ToW as Britain thought they would lose NZ

Treaty of Waitangi Articles

Art 1 - sovereignty, Maori thought it meant governship


Art 2 - Safe guards for Maori (preemption meaning Maori would be offered sales first)


Art 3 - Maori rights as British subjects (crown protection)

New Zealand Settlments Act 1863

Confiscate Maori land if they were fighting the colonial or imeroal force

Te Ture Whenua Maori Act 1993

Prevent alienation (transfer of ownership rights) of Maori lands

Native Lands Act 1862 & 1865

Established native land court


Maori required to prove ownership of land or they would lose it

Maori Affairs Amendment Act 1967

Free more maori land for sales

R v Symonds

1847


Mcintosh purchased Land from Maori


Symonds got it from Crown Grant


Art 2 - crown grant has right over native title

R v Symonds

1847


Mcintosh purchased Land from Maori


Symonds got it from Crown Grant


Art 2 - crown grant has right over native title

Wi Parata v Bishop of Welligton 1877

Land left aside for school, nothing happened, tried to claim back


Failed as “unless Maori land is backed by a crown grant, native title is useless”

Foreshore and Seabed Case 2003waitan

Resulted in Foreshore and Seabed Act 2004 where the labour party seized all Maori maritime land for public use

Waitangi tribunal process

Breach


Claim filed


Research into claim


Tribunal hearing and decision


Office of Treaty Settlements


Mandate organised and recognised by the crown


Agreement in approval from Heads of Agreement


Legislation passed by parliament and tribal authority commences

R v Symonds

1847


Mcintosh purchased Land from Maori


Symonds got it from Crown Grant


Art 2 - crown grant has right over native title

Wi Parata v Bishop of Welligton 1877

Land left aside for school, nothing happened, tried to claim back


Failed as “unless Maori land is backed by a crown grant, native title is useless”

Foreshore and Seabed Case 2003waitan

Resulted in Foreshore and Seabed Act 2004 where the labour party seized all Maori maritime land for public use

Waitangi tribunal process

Breach


Claim filed


Research into claim


Tribunal hearing and decision


Office of Treaty Settlements


Mandate organised and recognised by the crown


Agreement in approval from Heads of Agreement


Legislation passed by parliament and tribal authority commences

Case vs Ngati Toa

Loss of land due to New Zealand Company purchases


Chief illegally detained.


Compensation given due to treaty breaches

New Zealand Maori Council v Attorney General

1987


Itroduced the State Owned Enterprising Act

State Owned Enterprises Act 1986

Government must abide by treaty rules

Principles of ToW

Partnership - reasonable action to eachother


Active protection of Maori people


Right of redress


Right of Crown to govern


Recognition of Maori rangatiratanga (right to exercise authority) over Maori land and culture

R v Symonds

1847


Mcintosh purchased Land from Maori


Symonds got it from Crown Grant


Art 2 - crown grant has right over native title

Wi Parata v Bishop of Welligton 1877

Land left aside for school, nothing happened, tried to claim back


Failed as “unless Maori land is backed by a crown grant, native title is useless”

Foreshore and Seabed Case 2003

Resulted in Foreshore and Seabed Act 2004 where the labour party seized all Maori maritime land for public use

Waitangi tribunal process

Breach


Claim filed


Research into claim


Tribunal hearing and decision


Office of Treaty Settlements


Mandate organised and recognised by the crown


Agreement in approval from Heads of Agreement


Legislation passed by parliament and tribal authority commences

Case vs Ngati Toa

Loss of land due to New Zealand Company purchases


Chief illegally detained.


Compensation given due to treaty breaches

New Zealand Maori Council v Attorney General

1987


Itroduced the State Owned Enterprising Act

State Owned Enterprises Act 1986

Government must abide by treaty rules

Principles of ToW

Partnership - reasonable action to eachother


Active protection of Maori people


Right of redress


Right of Crown to govern


Recognition of Maori rangatiratanga (right to exercise authority) over Maori land and culture

Native Title

Legal document stating Maori have the rights to their land until they wish to part with it