Treaty

Question 1

What is the Treaty’s place in New Zealand’s legal system?

Answer 1

This is an ongoing story. Changing and expanding The treaty comes into JR and administrative law in ways that are not similar to other legal concepts in JR, so it is an intergerned part of JR and brings their own ideas and concerns

Question 2

What is the legal status of the Treaty? (5)

Answer 2

•	Not legally binding
•	Can be given effect in statute
–	Treaty of Waitangi Act 1975
–	Other legislation
•	Interpretive source

Question 3

What does the cabinet manual?

Answer 3

is not law, it is instructions), it is not something that the courts can enforce for JR, the government makes it public, there government says impacts on the Treaty should be consider whenever an act is enacted (human rights and international law is another factor). It is not legally binding as a direct source of rights and obligation for JR. it is a moral commitment. It is not relevant in an JR case (not bring up cabinet manual)

Question 4

Cases of the treaty?

Answer 4

Lands (SOE)

Broadcasting Assets

Question 5

If the land is private, can it be returned?

Answer 5

No

Question 6

Cases of the treaty?

Answer 6

Lands (SOE)
Broadcasting Assets
Ngāi Tai Ki Tāmaki

Question 7

What should the relationship on the Treaty be based on? (3) And what case stated this?

Answer 7

Reasonableness, mutual cooperation, and trust as stated in Broadcasting Assets

Question 8

Is it a duty for the Crown to act in accordance with the principles of the Treaty?

Answer 8

Yes

Question 9

What case applies to the Treaty’s principles?

Answer 9

Ngāi Tai Ki Tāmaki

Question 10

What section and act give effect to the Treaty?

Answer 10

s 4 of the conservation Act 1987

Question 11

What case applies to the Treaty’s principles?

Answer 11

Ngāi Tai Ki Tāmaki

Question 12

What section and act give effect to the Treaty?

Answer 12

s 4 of the conservation Act 1987

Question 13

What are some of the Treaty principles stated in Ngāi Tai Ki Tāmaki?

Answer 13

Enabling iwi or hapū to reconnect to their ancestral lands by taking up opportunities on the conservation estate

Question 14

What are the Treaty principle clauses? (3)

Answer 14

• No narrow constructions
• No veto power for Māori
• “Reasonable degree of preference” may be required

Question 15

What is the second example of the section and act that give effect to the Treaty?

Answer 15

s 8 of the Resource Management Act 1991

Question 16

What do the courts have to do in a Treaty clause case?

Answer 16

You actually have to read that statute and what they require the decision maker to do

Question 17

What is the contextual review? (6)

Answer 17

• The Treaty can be relevant absent legislative incorporation
– In statutory interpretation
– As a consideration when discretion is exercised
• Context
– Māori interests
– Māori perspective

Question 18

What are the main two Treaty principles?

Answer 18

– Partnership

– Active protection

Question 19

What is the other things you need to look at other that the principles?

Answer 19

• Mandatory (sometimes overriding) consideration

* Reasonableness?