What common law concerning the Maori has been the subject of New Zealand foreshore and seabed controversy?
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New Zealand foreshore and seabed controversy The New Zealand foreshore and seabed controversy is a debate in the politics of New Zealand. It concerns the ownership of the country's foreshore and seabed, with many Māori groups claiming that Māori have a rightful claim to title. These claims are based around historical possession and the Treaty of Waitangi. On 18 November 2004, the New Zealand Parliament passed a law which deems the title to be held by the Crown. This law, the Foreshore and Seabed Act 2004, was enacted on 24 November 2004. Some sections of the Act came into force on 17 January 2005. It was repealed and replaced by the Marine and Coastal Area (Takutai Moana) Act 2011.
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Aboriginal title Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, except to the national government, and that it may be held either individually or collectively.
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Tuckiar v The King Tuckiar v The King is a landmark Australian judgment of the High Court. The matter examined the behaviour of the judge and lawyers in the trial of Dhakiyarr (Tuckiar) and has become a case study in and raises many issues for legal ethics regarding instructions by Judges and the behaviour of defence counsel and the treatment of Aboriginals before the Justice System.
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Clearlite Holdings Ltd v Auckland City Corp Clearlite Holdings Ltd v Auckland City Corp [1976] 2 NZLR 729 is a cited case in New Zealand regarding land based nuisance claims in tort.
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R v Symonds R v Symonds "(The Queen v Symonds)" incorporated the concept of Aboriginal title into New Zealand law and upheld the Government's pre-emptive right of purchase to Maori land deriving from the common law and expressed in the Treaty of Waitangi. Although the Native Lands Act 1862 waived Crown pre-emption, the notion of Aboriginal title has been revived in the 20th century to deal with Maori property rights.
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History of Scots law The history of Scots law traces the development of Scots law from its early beginnings as a number of different custom systems among Scotland's early cultures to its modern role as one of the three legal jurisdictions of the United Kingdom. The various historic sources of Scots law, including custom, feudal law, canon law, Roman law and English law have created a hybrid or mixed legal system, which shares elements with English law and Northern Irish law but also has its own unique legal institutions and sources.
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History of New Zealand The history of New Zealand dates back at least 700 years to when it was discovered and settled by Polynesians, who developed a distinct Māori culture centred on kinship links and land. The first European explorer to sight New Zealand was Dutch navigator Abel Tasman on 13 December 1642. The Dutch were also the first non-natives to explore and chart New Zealand's coastline. Captain James Cook, who reached New Zealand in October 1769 on the first of his three voyages, was the first European explorer to circumnavigate and map New Zealand. From the late 18th century, the country was regularly visited by explorers and other sailors, missionaries, traders and adventurers. In 1840 the Treaty of Waitangi was signed between the British Crown and various Māori chiefs, bringing New Zealand into the British Empire and giving Māori the same rights as British subjects. There was extensive British settlement throughout the rest of the century and into the early part of the next century. War and the imposition of a European economic and legal system led to most of New Zealand's land passing from Māori to Pākehā (European) ownership, and most Māori subsequently became impoverished.
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Australian constitutional law Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed.
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Motumotuahi In Māori tradition, Motumotuahi was one of the great ocean-going, voyaging canoes that were used in the migrations that settled New Zealand.
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Māhuhu-ki-te-rangi In Māori tradition, Māhuhu-ki-te-rangi (also known as Māhuhu) was one of the great ocean-going, voyaging canoes that was used in the migrations that settled New Zealand.
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Oxborough v North Harbour Builders Ltd Oxborough v North Harbour Builders Ltd is a cited case in New Zealand regarding repudiation.
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Hawker v Vickers Hawker v Vickers [1991] 1 NZLR 399 is a cited case in New Zealand regarding property law.
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Māui Pōmare Sir Māui Wiremu Pita Naera Pōmare {'1': ", '2': ", '3': ", '4': "} (1875 or 1876 – 27 June 1930) was a New Zealand doctor and politician, being counted among the more prominent Māori political figures. He is particularly known for his efforts to improve Māori health and living conditions. However, Pōmare's career was not without controversy: he negotiated the effective removal of the last of Taranaki Maori land from its native inhabitants - some 18,000 acres - in a move which has been described as the "final disaster" for his people. He was a member of the Ngati Mutunga iwi originally from North Taranaki; he later lived in Wellington and the Chatham Islands after the 1835 invasion.
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Kruger v R Kruger v R, [1978] 1 S.C.R. 104, was a decision by the Supreme Court of Canada on the relationship between the Indian Act and provincial game laws. The Indian Act is a federal law enacted under the British North America Act, 1867, which gives jurisdiction over Aboriginals to the federal government. The Court found that the Indian Act's statement that provincial laws may apply to Aboriginal peoples in Canada as long as they apply to other people protects laws even if these laws affect Aboriginals more than others.
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Ngāti Wai Ngāti Wai is a Māori iwi of the east coast of the Northland Region of New Zealand. Its historical area stretched from Cape Brett in the north to Takatu Point on Tawharanui Peninsula in the south and out to Great Barrier Island, the Poor Knights Islands and other offshore islands.
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Settled Land Acts The Settled Land Acts were a series of English land law enactments concerning the limits of creating a settlement, a conveyancing device used by a property owner who wants to ensure that provision of future generations of his family.
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Jacobsen Holdings Ltd v Drexel Jacobsen Holdings Ltd v Drexel [1986] NZCA 75; [1986] 1 NZLR 324 is a cited case in New Zealand regarding property law.
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Ngātokimatawhaorua In Māori tradition, Ngātokimatawhaorua was one of the great ocean-going, voyaging canoes that was used in the migrations that settled New Zealand. it then went on to create the tribe of Ngapuhi
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Community and People of Waiheke Island The Community and People of Waiheke Island (CAPOW) was an incorporated society started 2003 representing much of the community of Waiheke Island, New Zealand during the dispute over the proposed redevelopment of the Matiatia ferry wharf site. The group fought against a District Plan change giving permission given to a large retail development at the ferry terminal, and eventually won, with the Environment Court ruling that Auckland City Council had erred in allowing a development of such size to be given the go-ahead.
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Māori King Movement The Māori King Movement or Kīngitanga is a movement that arose among some of the Māori tribes of New Zealand in the central North Island in the 1850s, to establish a role similar in status to that of the monarch of the British colonists, as a way of halting the alienation of Māori land. The Māori monarch operates in a non-constitutional capacity with no legal, or judicial power within the New Zealand government. Reigning monarchs retain the position of paramount chief of several tribes and wield some power over these, especially within Tainui where the monarchy is almost exclusively associated.
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King v Wilkinson King v Wilkinson (1994) 2 NZConvC 191,828 is a cited case in New Zealand regarding where a mistake is known to one party (often referred to as a unilateral mistake) when a contract is formed, under section 6(1)(a)(i) of the Contractual Mistakes Act 1977.
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Polymer Developments Group Ltd v Tilialo Polymer Developments Group Ltd v Tilialo [2002] 3 NZLR 258 is a New Zealand case regarding the legality of contracts created to prevent a prosecution, which unlike the earlier similar precedents of Mall Finance v Slater [1976] 2 NZLR 685 and Barsdell v Kerr [1979] 2 NZLR 731, in this case however, although the contract was clearly illegal, relief was granted to the creditor.