Hostname: page-component-cd9895bd7-7cvxr Total loading time: 0 Render date: 2024-12-23T16:31:20.652Z Has data issue: false hasContentIssue false

New Zealand Maori Council v. Attorney-General

New Zealand.  01 April 1987 ; 29 June 1987 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Relationship of international law and municipal law — Treaties — Treaty of Waitangi, 1840 — Status of Treaty of Waitangi in New Zealand municipal law — Responsibilities of New Zealand under Treaty of Waitangi — Incorporation of principles of Treaty of Waitangi in New Zealand law — Treaty of Waitangi Act 1975 — Treaty of Waitangi Amendment Act 1985 — State-Owned Enterprises Act 1986 (“SOEA”) — Transfer of Crown land to State enterprises — Section 23 empowering Government Ministers to transfer Crown land on behalf of Crown — Review of proposed exercise of statutory power — Interpretation of SOEA — Section 9 of SOEA — Applicability — Whether SOEA contrary to principles of Treaty of Waitangi — Section 27 of SOEA — Scope — Whether existing and prospective Maori land claims adequately protected — Relationship between Sections 9 and 27 of SOEA — Whether Section 9 of SOEA overriding provision — Whether Maori land claims within scope of Section 9 — Whether Section 27 of SOEA self-contained code — Whether principles of Treaty of Waitangi inhibiting transfer by Crown of Crown land

Human rights — Property rights — Indigenous peoples — Treaty of Waitangi, 1840 — Interpretation — Principles of Treaty of Waitangi — Breaches — Racial relationships in New Zealand — Maori people guaranteed possession and control of their lands and precious possessions — Special significance of land to Maoris — Crown obliged to protect Maori land interests — Maori land grievances — SOEA transferring Crown land to State enterprises — Whether SOEA contrary to principles of Treaty of Waitangi — Whether SOEA adequately protecting existing and prospective Maori land claims — Review of proposed exercise of statutory power

Treaties — Interpretation — Treaty of Waitangi, 1840 — Status — Contemporary application — Special features — Constitutional, political and social significance — Colonization of New Zealand — British Crown and indigenous Maori people treaty partners — Differences in English and Maori Treaty texts — Principles of Treaty of Waitangi — Identification — Changed circumstances — Reciprocal obligations of treaty partners — Whether requirement to act in good faith towards one another Territory — Sovereignty — Cession — Treaty of Waitangi, 1840 — Transfer of sovereignty over New Zealand from indigenous Maori people to British Crown — Colonization of New Zealand — The law of New Zealand

Type
Case Report
Copyright
© Cambridge University Press 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)