Development of Treaty Recognition

Question 1

Explain the Declaration of Independance

Answer 1

1835: Before the signing of the treaty, this document stated that all sovereign power and authority stays with the chiefs.

Question 2

Explain the Doctrine of native title

Answer 2

LAND Where sovereignty changes, the new sovereign power does not automatically acquire property.

Question 3

Explain the R v Symonds (High Court)

Answer 3

LAND 1847: Native title should be upheld and Maori property rights should be recognised.

Question 4

Explain the Native Lands Act (1)

Answer 4

LAND 1862: Recognised native title and waived right of preemption

Question 5

Explain the Native Lands Act (2)

Answer 5

LAND 1865: Established the Maori Land Court which made it easier for the Crown to take Maori land

Question 6

Explain Wi Parata v Bishop of Wellington (high court)

Answer 6

LAND & TREATY 1877: Court said that the British acquired NZ by discovery as Maori were scanty savages so terra nullius applies. Since the land was taken by discovery they didn’t have to recognise Maori property rights.
It described the treaty as a ‘Simple Nullity’.

Question 7

Explain Nireaha Tamaki v Baker (Privy Council)

Answer 7

LAND 1901: Native title cannot be extinguished other than by the consent of the owners. Decides Wi Parata decision was“Rather late in the day”.

Question 8

Explain Te Heuheu Tukino v Aotea District Maori

Answer 8

TREATY 1941: The Treaty of Waitangi must be incorporated into relevant legislation for the Courts to recognise the right conferred by the treaty.

Question 9

Explain Re the Ninety-Mile Beach

Answer 9

LAND 1963: Applied Wi Parata even though its authority was discredited after the decision in Baker. Ruled the Foreshore was not Maori land and the Government controlled it.

Question 10

Explain the Waitangi Tribunal

Answer 10

TREATY 1975: Group that makes recommendations on claims brought by Maori relating to Crown actions which break the promises made by the Treaty of Waitangi.

Question 11

Explain the State Owned Enterprises Act

Answer 11

TREATY 1986: Section 9 “Nothing in this Act Shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi”.
This is the First time the Treaty is appearing in NZ legislation in the way that it restricts actions of the Crown.

Question 12

Explain the New Zealand Maori Council v AG (court of appeal)

Answer 12

TREATY 1987: States the Treaty is a living document and should be interpreted widely. Refers to the treaty as a constitutional document. The spirit of the treaty is important not the differences between the texts

Question 13

Explain Ngati Apa v AG (Court of appeal)

Answer 13

LAND 2003: Issue before the court was does the Maori Land court have jurisdiction to consider if the foreshore/seabed is Maori customary land. It was decided because “The Transfer of sovereignty did not affect customary property”. Maori property rights over foreshore and seabed can exist if they can prove they had continued use since 1840.

Question 14

Explain the Foreshore and Seabed Act

Answer 14

LAND 2004: Example of parliamentary supremacy - parliament overruled Ngati Apa decision. The Act established Crown ownership of foreshore and seabed so it is not a Maori Customary title.

Question 15

Explain the Marine and Coastal Act

Answer 15

LAND 2011: Rules the foreshore and seabed is now owned by no one. Provided Maori land Court with jurisdiction to determine whether parties have claims to ‘Customary Marine title’.

Question 16

Trans Tasman Resource Ltd v Taranaki-Whanganui Conservation Board

Answer 16

TREATY 2021: Recognises the Treaty’s significant place within our constitution, as well as recognising that even when legislation is silent, it is not assumed that parliament would have intended to go against the principles of the Treaty.

Question 17

EEZ act

Answer 17

TREATY 2012: Supreme Court ruled that “any other law” includes tikanga