How has the Treaty of Waitangi been incorporated into NZ Legislation? …
How has the Treaty of Waitangi been incorporated into NZ Legislation?
Political change/legal change in the 60's and 70's:
New Zealand Settlements Act 1863 - worst mistake - confiscated Maori land
Maori Affairs Amendment Act 1967
Land March 1975
Bastion Point 1977 protest and Raglan 1978
Te Ture Whenua Act 1993 - prevented alienation of Maori land.
Resource Management Act 1991 - Provided Maori with special rights as tangata whenua
Foreshore and Seabed 2004 - took Maori rights away
DURING THE 70'S AND 80'S: Maori reasserted themselves as a group within the NZ legal system. The ToW was once again recognised as our founding document and Maori culture as NZ's most recious national treasure.
Treaty of Waiting Act 1975
Sate-Owned Enterprises Act 1986: S9: "nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the principles of the ToW"
Resource Management Act 1991: S8: "take into account the Principles of the ToW"
Te Ture Whenua Maori Act 1993: "Whereas the Treaty... Established the special relationship between Maori people and the Crown."
Political change, societal change, legal change.
New Zealand Settlements Act 1893:
A greatest legislative mistake in history. Confiscated land belonging to Maori of those fighting the imperial and colonial forces. Given to military settlers as a reward for their servtives.
The Native Land Acts 1862/65:
Established the Native Land Court, government's chief instrument to alienate what land remained in More hands after the land confisations and early land sales.
Aimed to transform communally owned Maori land into individualised freehiikd title that could be easily sold to settlers.
6 decades after the treaty signing, Maori were effectively madness and alienated from the N legal system and political sphere.
The Maori Representation Act 1867:
An early example of legislation increasing the role of Maori in the NZ legal system, carting 4 Amor seats in the House of Representatives, giving Maori a voice in Parliament for the first time.
Native Lands Act 1909:
Enshrined Wi Parata view on native legislation, meaning it could not be recognised unless supported by a crown Grant, securing the title to any piece of land. Therefore, this Act effectively states that native title had no force in the NZ legal system.
The Maori Affairs Amendment Act 1967:
The final straw for Maori freed up more Maori land for sale. maori protests; Act was a springboard for the Maori Civil rights movement in the 1970's.
Resource Management Act 1991:
Regulated the use of natural and pshycial resources in NZ, from waterways to building codes. Any action taken under the Act must be in accordance with the Treaty principes of Partnershio, good fauth and active protection.
Te Ture Whenua Maori Act 1993:
Helped Maori retain land. Instead of attempting to transform communal land to the individual title, Maori customary land ownership was strenghtnened .