Aboriginal & Treaty Rights In Aotearoa - NZ
Recognition of Aboriginal title occurred very early in New Zealand's colonial history. Its development since then has reflected the interplay between common law rights and Te Tiriti o Waitangi (or the Treaty of Waitangi).
The Treaty was signed in 1840, by the Crown and over 5oo Maori chiefs, but it can be interpreted differently because it was written in both English and Maori texts.
The Maori text recognised the right of the English to govern themselves but retained their 'tino rangatiratanga' (or absolute chieftanship. The English text asserted something very different, claiming sovereignty over the Islands of Aotaeroa but recognising the rights of the Maori to their lands.
Under the common law, the Privy Council recognised Aboriginal rights in 1847. Despite this, and despite the Treaty, the Maori subsequently lost most of their lands.
More recently however, the Treaty was re-invigorated, after its principles were incorporated into legislation as a step to renewing the partnership between Maori people and the New Zealand government.
British law, Canada, colonialism, Common Law, High Court of Australia, Mabo Case, native title, New Zealand (Aotearoa), United States of America
R v Symonds
indigenous people, International Court Case, International law, Maori, New Zealand (Aotearoa), R v Symonds (1847)
The recognition of Maori rights under the common law
indigenous people, International Court Case, International law, Maori, New Zealand (Aotearoa), New Zealand Native Title cases, R v Symonds (1847), sea rights, Te Weehi v Regional Fisheries Office (1986)
...by fair means or foul...
Maori, New Zealand (Aotearoa), treaties, Treaty of Waitangi, 1840
colonisation, Common Law, High Court of Australia, Mabo Case, native title, Papua New Guinea
colonisation, crown land, doctrine of tenure, First Fleet, New South Wales, sovereignty, terra nullius
Other Lands Settled By The British
Canada, colonisation, Common Law, native title, New Zealand (Aotearoa), treaties, Treaty of Waitangi, 1840 , United States of America