Mid-Sem Flashcards
1
Q
Fitzgerald v Muldoon
A
- Member of the executive suspending a law.
- Executive cannot bypass the law-making process. Must be put through Parliament (legislature).
- Judicial Activism, judges rule this is not allowed under NZBORA 1688.
2
Q
Canterbury Earthquake Recovery Bill
A
- Executive bypassing the other branches of Government.
- Ability to bypass any statute through urgency. Did this give too much power?
+ Allows for a fast response. - Too much power to the executive?
3
Q
Finnigan v NZRFU
A
- NZ rugby team touring South Africa despite apartheid controversy.
- Judicial activism, Court of Appeal deciding there was a case under public law even though High Court decided no case under private law. Used Stininato v Auckland Case to decide this, did not need contract between the two.
- Injunction granted. Prevented tour.
4
Q
Wi Parata 1877
A
- Regarded the Treaty as a “simple nullity”, as at the time of signing, Maori were incapable of undertaking such an agreement.
5
Q
Lands Case (SOE)
A
- S9 stated “Crown cannot act in a matter inconsistent with principles of the Treaty”.
- Courts noted that greater safeguards on Maori interests were needed in law before land transfer could complete.
- Showcased changing attitudes towards Treaty.
6
Q
Sealord Case
A
- Many iwi opposed, became the Fisheries Claims Settlement Act 1992.
- Deprived Maori of many laws and ToW.
- Courts did not think there was a case here. Parliamentary proceedings and matters of legislation were only for Parliament.
7
Q
NZ Settlements Act 1863
A
- Crown could confiscate any Maori land at the slightest hint of resistance.
- Te Whiti and Tohu were passively resisted the taking of land at Parihaka.
- Parliament made law allowing them to arrest Te Whiti and Tohu. Led to West Coast Preservation Act 1882. Bypassed Rule of Law.
8
Q
R v Symonds
A
- Exemplified a “favourable view” of the Treaty, despite Wi Parata case later on not following doctrine of precedent.
