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New Zealand Maori Council v. Attorney-General
Published online by Cambridge University Press: 01 January 2021
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
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- © Cambridge University Press 2002
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