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Maori Property Rights And The Foreshore And Seabed
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Book Synopsis Māori Property Rights and the Foreshore and Seabed by : Claire Charters
Download or read book Māori Property Rights and the Foreshore and Seabed written by Claire Charters and published by Victoria University Press. This book was released on 2007 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring an issue of international significance, this collection of essays addresses the reconciliation of the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. Focusing upon the Maori tribes of New Zealand, topics include the historical origins of the Ngati Apa decision--one of the most controversial modern decisions on Maori rights--how the Foreshore and Seabed Act (FSA) compares with schemes created in other countries with indigenous inhabitants, how the FSA has led to major changes in the country's political landscape, and how it stacks up against international human rights and environmental laws. This detailed study also explores New Zealand's legislation and how it has undermined the rights of Maori tribes, tipping the reconciliation process too far in favor of the state.
Book Synopsis Report on the Crown's Foreshore and Seabed Policy by : New Zealand. Waitangi Tribunal
Download or read book Report on the Crown's Foreshore and Seabed Policy written by New Zealand. Waitangi Tribunal and published by . This book was released on 2004 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is the outcome of an urgent inquiry into the Crowns̉ policy for the foreshore and seabed of Aotearoa-New Zealand.
Book Synopsis A Simple Nullity? by : David V. Williams
Download or read book A Simple Nullity? written by David V. Williams and published by Auckland University Press. This book was released on 2013-11-01 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the New Zealand Supreme Court ruled on Wi Parata v the Bishop of Wellington in 1877, the judges infamously dismissed the relevance of the Treaty of Waitangi. During the past 25 years, judges, lawyers, and commentators have castigated this &“simple nullity&” view of the treaty. The infamous case has been seen as symbolic of the neglect of Maori rights by settlers, the government, and New Zealand law. In this book, the Wi Parata case—the protagonists, the origins of the dispute, the years of legal back and forth—is given a fresh look, affording new insights into both Maori-Pakeha relations in the 19th century and the legal position of the treaty. As relevant today as they were at the time of the case ruling, arguments about the place of Indigenous Maori and Pakeha settlers in New Zealand are brought to light.
Book Synopsis Foreshore and Seabed by : Richard Boast
Download or read book Foreshore and Seabed written by Richard Boast and published by . This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreshore and Seabed provides an overview of the common law relating to the foreshore and seabed, the context of the Court of Appeal's Ngati Apa decision in 2003 over Maori common law rights in the foreshore and seabed, and the policy, history, and key provisions of Foreshore and Seabed Act 2004.
Book Synopsis Property Rights and Sustainability by : David Grinlinton
Download or read book Property Rights and Sustainability written by David Grinlinton and published by Martinus Nijhoff Publishers. This book was released on 2011-04-11 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.
Book Synopsis The Gathering Storm Over the Foreshore and Seabed by : Hugh Barr
Download or read book The Gathering Storm Over the Foreshore and Seabed written by Hugh Barr and published by Tross Publishing. This book was released on 2010-01-01 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the background to the National Government's astounding U-turn in introducing a Bill to Parliament to remove Crown (i.e. public) ownership from New Zealand's foreshore and seabed. This is solely to allow Maori tribal groups to own areas of the foreshore and seabed, including the currently Crown owned resources they contain. This major political issue is a result of National's pact with the Maori Party to share power. This, the largest proposed race-based privatisation in New Zealand's history, will open a Pandora's box of claims, arguments and loss of public rights and resources. Additional steps to make the obtaining of customary title even easier are likely to follow. Privatisation to customary title means that tribal groups will be given very strong private property rights and so will be able to exploit the minerals, aquaculture, and control of recreational and commercial facilities (launching ramps, wharves, marinas, mooring buoys etc) in their areas, and charge fees to make money. The book also discusses the background of the person who has instituted these changes, the Attorney General, Christopher Finlayson, without whose influence it is unlikely that these astounding changes would be happening. The book is a lively and stimulating read that cuts through the National and Maori Parties' self-interest and secrecy. This is a very important issue that will adversely affect all New Zealanders for many years to come.
Book Synopsis The State of Maori Rights by : Margaret Mutu
Download or read book The State of Maori Rights written by Margaret Mutu and published by Huia Publishers. This book was released on 2011-02-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a ‘mainstream’ media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective. The reviews demonstrate the ongoing settling of grievances against the Crown for breaches of the Treaty of Waitangi, the solutions Maori have advocated and the benefits to the country when Maori advice on these matters is followed. Key issues include: - the 1994 ‘fiscal envelope’ - the 50,000-strong protest march against foreshore and seabed - Pakeha media attacks on Maori MPs and Maori initiatives. Maori success stories are also acknowledged such as Michael Campbell, Robert Hewitt, Willie Apiata and films such as Whale Rider.
Book Synopsis Indigenous Peoples, Marine Space and Resources, and International Law by : Endalew Lijalem Enyew
Download or read book Indigenous Peoples, Marine Space and Resources, and International Law written by Endalew Lijalem Enyew and published by Taylor & Francis. This book was released on 2024-02-26 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.
Book Synopsis The Routledge Handbook of Property, Law and Society by : Nicole Graham
Download or read book The Routledge Handbook of Property, Law and Society written by Nicole Graham and published by Taylor & Francis. This book was released on 2022-11-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
Book Synopsis The Rights of Indigenous Peoples in Marine Areas by : Stephen Allen
Download or read book The Rights of Indigenous Peoples in Marine Areas written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
Book Synopsis Beyond Biculturalism by : Dominic O'Sullivan
Download or read book Beyond Biculturalism written by Dominic O'Sullivan and published by Huia Publishers. This book was released on 2007 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Biculturalism: The Politics of an Indigenous Minority is a critical analysis of contemporary Maori public policy. O'Sullivan argues that biculturalism inevitably makes Maori the junior partner in a colonial relationship that obstructs aspirations to self-determination. The political situation of Maori is compared to that of First Nations and Aboriginal Australians. The book examines contemporary Maori political issues such as the 'one law for all' ideology, the Foreshore and Seabed Act 2004, Maori parliamentary representation, Treaty settlements, and Maori economic development.
Book Synopsis New Zealand As It Might Have Been 2 by : Stephen Levine
Download or read book New Zealand As It Might Have Been 2 written by Stephen Levine and published by Victoria University Press. This book was released on 2011-03-01 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: A mix of short stories and commentaries—some whimsical, some grim—this work of creative conjecture offers a perceptive and positive new slant on significant New Zealand events and personalities. With a modest degree of adjustment, this compilation examines “what if” scenarios ranging from the historical and literary to the athletic and offers alternative conclusions. Altering the lives of Katherine Mansfield, New Zealand’s most famous writer, and national hero Sir Edmund Hillary as well as revisiting New Zealand’s avoidable choice to fight alongside the Americans in Vietnam and the possible effects of a postwar visit by Winston Churchill, this second volume presents a variety of visions of a country that nearly was.
Book Synopsis Buying the Land, Selling the Land by : Richard Boast
Download or read book Buying the Land, Selling the Land written by Richard Boast and published by Victoria University Press. This book was released on 2008 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studying Crown Maori land policy and practice in the period 1869–1929, from the establishment of the Native Land Court power until the cessation of large-scale Crown purchasing by Gordon Coates, this investigation chronicles the bleak and grim tidal wave of Crown purchasing that dominated the Maori people under very difficult circumstances. While recognizing that the government purchasing of Maori land was in its own way driven by genuine, if blinkered, idealism, this work's deep research on land purchasing policy gives renewed insight on the significant politicians of the era, such as Sir Donald McLean, John Balance, and John McKenzie who were strong advocates of expanded and state-controlled land purchasing.
Book Synopsis Ownership and Appropriation by : Veronica Strang
Download or read book Ownership and Appropriation written by Veronica Strang and published by Routledge. This book was released on 2020-06-03 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world of finite resources, expanding populations and widening structural inequalities, the ownership of things is increasingly contested. Not only are the commons being rapidly enclosed and privatized, but the very idea of what can be owned is expanding, generating conflicts over the ownership of resources, ideas, culture, people, and even parts of people. Understanding processes of ownership and appropriation is not only central to anthropological theorizing but also has major practical applications, for policy, legislative development and conflict resolution.Ownership and Appropriation significantly extends anthropology's long-term concern with property by focusing on everyday notions and acts of owning and appropriating. The chapters document the relationship between ownership, subjectivities and personhood; they demonstrate the critical consequences of materiality and immateriality on what is owned; and they examine the social relations of property. By approaching ownership as social communication and negotiation, the text points to a more dynamic and processual understanding of property, ownership and appropriation.
Book Synopsis New Treaty, New Tradition by : Carwyn Jones
Download or read book New Treaty, New Tradition written by Carwyn Jones and published by UBC Press. This book was released on 2016-07-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal traditions respond to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected Māori law and the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling, Jones’s nuanced reflections on the claims process show how Western legal thought has shaped treaty negotiations. Drawing on Canadian and international examples, Jones makes the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process.
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Book Synopsis An Illustrated History of the Treaty of Waitangi by : Claudia Orange
Download or read book An Illustrated History of the Treaty of Waitangi written by Claudia Orange and published by Bridget Williams Books. This book was released on 2015-12-21 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book builds on Claudia Orange’s award-winning Treaty of Waitangi, using a wonderful range of photographs, maps and paintings to bring the Treaty’s history to life. Depictions of key players and moments sit alongside a clear and informative text that helps explain the history of this key document. Two peoples meeting, agreements made and broken, claims and protests: all are a part of the story of the Treaty from before its signing to the present day. Never before have the Treaty’s varied stories been made so accessible the general reader.
