Origins Flashcards
What is Kupe’s law?
First form of tikanga law brought to NZ.
Kupes Brought this to NZ while chasing a wheke.
whanuangatanga concept is established through kupe’s law
what are the aspects of Tangata whenua law?
An obligation to do things the right way.
No one authoritative leader - leadership within community
What does Maori law say about land?
Kaitiakitanga - reciprocal relationship
not one owner - opposite to English law
Tikanga principles
Kaitiakitanga - Guardianship (over land and people)
Whanuangatanga - family relationships
What is native lands Act 1865
established Maori land court - this court used tikanga principles to decide who owner the Maori land
what did Takamore v Clarke do?
showed that tikanga principles can be used
“Maori custom according to tikanga is therefore part of the values of the NZ common law”
Peter Ellis v King (recently decided)
Recently decided that mana does continue after death
was the first relationship between Maori and europeans mutually beneficial?
Yes
Why was declaration of independence 1835 important?
Maori have complete sovereignty of NZ
- This is true because you can not sign treaties unless you’re sovreign
What did Wi Parata say about Maori sovereignty?
- Treaty was a “simple nullity”
Maori did not have sovereignty - Court held that English acquired sovereignty through discovery
Article 1 of te tiriti o waitangi
Maori would transfer Kawangatanga
Article 1 of the treaty of waitangi
Maori would transfer Tino rangitiratanga
What did 1901 Nireaha Tamaki v Baker say about wi parata?
stated it was “rather late in the day” to consider the treaty a simple nullity.
1975 treaty of waitangi Act
This was a defining moment as it recognised the treaty as a valid legal document.
Does recognition of Native title mean dominion is gained?
No
What did ToW say about Maori cutomary title?
They had “undisturbed possession”
what did R v Symonds 1847 say about Maori cutomary title?
Recognises customary title
- Case about crowns right to preemption
- wouldn’t need preemption if they had sovereignty
what did 1963 Ninety mile beach say about Maori customary title?
Bound by Wi Parataand seabed.
- Maori did not have customary title over the foreshore
- no dominium
what did Ngati Apa 2003 say about dominium
The court is no longer bound by Wi
- “the transfer of sovereignty did not affect customary property”
What did Foreshore and seabed Act 2004 say about dominium
Overrules Ngati Apa
- States crown owned foreshore and seabed
- suggest crown gained dominium in 1840
- At this point no one knows who has property - law is left uncertain
What did foreshore and seabed Act say about Parliamentary supremacy?
- shows that parliament is supreme in NZ and can overrule constitutional documents like ToW
What does Marine coastal Act 2011 say about PS
With enough Public outcry they will change policy to ensure selection
- shows a check on parliament.
What did 2011 Marine Coastal Act say about domium
Neither Crown nor Maori held domium in NZ
- Leaves law uncertain.
