tribunals and officers of parl - the Waitangi tribunal

Question 1

several statute have inserted the treaty principles as

Answer 1

a legal constraint on actions that the executive can take

Question 2

te heu heu tukino case facts

Answer 2

iwi tried to use the tow as grounds to argue that a statutory charge on their land was invalid

Question 3

te heu heu tukino case discussion

Answer 3

as the treaty is not incorporate into domestic law or the relevant statute , it has no legal effect and this is congisnte with our status as a dualist nation

Question 4

te heu heu tukino case key takeways

Answer 4

the orthodox and dated position is that the rights conferred by the treaty cannot be enforced by the courts unless they have been incorporated into the domestic law

Question 5

non legal effects of the TOW

4 things

Answer 5

1. LDAC
2. cabinet office circular
3. Waitangi tribunal
4. treaty settlements

Question 6

non legal effects of the TOW

2. cabinet office circular

Answer 6

non binding internal memo created by cabinet that sets guidelines for policy development and implementation

Question 7

cabinet office circular provides a

Answer 7

set of questions for decision makers to consider in relation to each article

Question 8

non legal effects of the TOW

3. Waitangi tribunal

Answer 8

permanent statuary commission of inquiry, its recommendations are always non-binding unless it related to land the crown has transferred to a soe

Question 9

the Waitangi tribunal was established under… as a response to

Answer 9

tow act1975 as a response to Maori aggravation over crown TOW breaches

Question 10

what does the Waitangi tribunal do in relation to the treaty

Answer 10

• invest claims about applications and crown breaches
• examine DL that refers to it and see if in breach of principles
• has exclusive authority to determine meaning and effect of treaty , doesn’t bind courts etc tho

Question 11

non legal effects of the TOW

4. treaty settlements

process developed….

Answer 11

the treaty settlement process developed incrementally through direct negation between maori and crown over such issues

Question 12

non legal effects of the TOW

4. treaty settlements

red book

Answer 12

guides settlement process but not legal effect

Question 13

non legal effects of the TOW

4. treaty settlements

subject to

Answer 13

statutory rights and tikanga rights

Question 14

non legal effects of the TOW

4. treaty settlements

power from

Answer 14

third source or royal prerogative

Question 15

non legal effects of the TOW

4. treaty settlements

redress

Answer 15

apology, finical transfer, return of land, other cultural redress

Question 16

was is a simple reason that the tow may gave effect

Answer 16

due to the fact the executive sees it as constitutionally important

e.g. the exec is not legally bond to undergo treaty settlements however they just do them as it is constitutionally proper

Question 17

the moral obligations the executive has in regards to the treaty is

Answer 17

subject to debate