Adjudication of Indigenous-Settler Relations

2018 ◽  
pp. 1060-1080
Author(s):  
Richard P. Boast
Keyword(s):  
New Zealand ◽  
International Law ◽  
Legal History ◽  
Expert Evidence ◽  
Native Title ◽  
Indigenous Groups ◽  
Australian Case ◽  
Waitangi Tribunal

This chapter examines the connections between the field of legal history and the various ways in which claims against states by indigenous groups are adjudicated and resolved. It focuses on ‘indigenous’ and ‘settler’ relationships, and on redress mechanisms in Australia and New Zealand. In both cases, the establishment of such mechanisms arose out of political and legal conjunctures within each country, and owed little to developments in international law. The Waitangi Tribunal in New Zealand and the Native Title Tribunal in Australia have very different functions, utilize different kinds of expert evidence, and operate in very different political and constitutional settings. While both bodies require expert evidence typically provided by non-indigenous specialist researchers, the required expertise in each case is different: anthropology in the Australian case, and history in New Zealand.

scholarly journals The Impact of Socio-Historical Context on Identity: An Analysis of Ngāi Tamarāwaho Identity in the Colonisation Era

Te Kaharoa ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Melissa Derby
Keyword(s):  
New Zealand ◽  
Social Context ◽  
Historical Context ◽  
Major Focus ◽  
Common Trends ◽  
The Third ◽  
Indigenous Groups ◽  
The Social ◽  
Waitangi Tribunal ◽  
The Impact

The purpose of this article is to illustrate the influence that socio-historical context has on the identity of a group. The identity of the hapū (tribe) Ngāi Tamarāwaho is examined to demonstrate the impact that specific phenomena associated with colonisation had on hapū identity, and the major focus of this chapter is the interplay between Ngāi Tamarāwaho and the phenomenon of colonisation. This article concentrates specifically on hapū identity during the colonisation era, which, in the context of this article, commenced with the arrival of Pākehā (British) settlers in New Zealand in 1814, and concluded with the establishment of the Waitangi Tribunal in 1975. For comparative purposes, parallels are drawn with other indigenous groups globally to highlight similarities between the colonisation experiences of these groups and those of Ngāi Tamarāwaho, and to illustrate common trends that occur as a result of colonisation and its associated phenomena. The first section in this article discusses the need to consider socio-historical context in research pertaining to identity, and provides examples of research that has been conducted to this effect. The second section establishes the social context of Ngāi Tamarāwaho, and the third section outlines the historical context. Following this is an analyis of the effects of aspects of colonisation on Ngāi Tamarāwaho identity, and this article concludes by discussing ways in which the hapū revived and reasserted their identity

scholarly journals Multi-textualism, 'Treaty Hegemony' and the Waitangi Tribunal: Making Sense of 19th Century Crown-Māori Negotiations in Te Urewera

2012 ◽  
Vol 43 (2) ◽  
pp. 263
Author(s):  
Hannah Blumhardt
Keyword(s):  
New Zealand ◽  
19Th Century ◽  
Legal History ◽  
Making Sense ◽  
Treaty Of Waitangi ◽  
Waitangi Tribunal

Between 1894 and 1896 the Crown conducted negotiations with Tūhoe which culminated in the 1895 Urewera Agreement and the Urewera District Native Reserve Act 1896. This article considers the constitutional implications of these negotiations and the resulting agreement and legislation. Adopting a 'multi-textual' conception of New Zealand legal history, and paying heed to the fact that Tūhoe did not sign the Treaty of Waitangi, the article argues that the Crown-Tūhoe relationship should be grounded predominantly in the 1895–1896 Agreement rather than the Treaty of Waitangi. In making this argument the article critiques the Waitangi Tribunal’s approach to these particular points in the first two pre-publications of its Te Urewera Report. The article argues that in finding that the Crown-Tūhoe negotiations and agreement signalled the beginning of a relationship based upon the Treaty of Waitangi, the Waitangi Tribunal erred in its approach.

The Waitangi Tribunal in the Context of New Zealand’s Political Culture and Historiography

2016 ◽  
Vol 18 (2-3) ◽  
pp. 339-361
Author(s):  
Richard P. Boast
Keyword(s):  
New Zealand ◽  
Political Culture ◽  
Legal History ◽  
Internal Standard ◽  
Truth Commissions ◽  
Colonial State ◽  
State Practice ◽  
History Of ◽  
Set Up ◽  
Waitangi Tribunal

One of the most elaborate systems of investigation into any nation’s colonial past is New Zealand’s Waitangi Tribunal, first set up in 1975, and which has now issued over 100 major reports on all aspects of the history of Maori interaction with the colonial state. The Waitangi Tribunal also exemplifies some particular features of the legal history of the Treaty of Waitangi, which in New Zealand has become seen as semi-constitutional text which forms an internal standard for legal investigations and for negotiation of redress. Current developments in New Zealand are highly consistent with long-established state practice, where relationships between the state and Maori have always been a matter of legal and political importance. Although the Waitangi Tribunal has some features in common with truth commissions in other countries, in many ways it is quite different from them.

The International Law Standard in the Statutes of Australia and the United Kingdom

1979 ◽  
Vol 73 (4) ◽  
pp. 628-646 ◽  
Author(s):  
James Crawford
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
International Relations ◽  
International Law ◽  
20Th Century ◽  
Foreign Affairs ◽  
Robert Wilson ◽  
The United Kingdom ◽  
International Role

In a series of articles in this Journal, Professor Robert Wilson drew attention to the incorporation of references to international law in United States statutes, a technique designed to allow recourse to international law by the courts in interpreting and implementing those statutes, and, consequently, to help ensure conformity between international and U.S. law. The purpose of this article is to survey the references, direct and indirect, to international law in the 20th-century statutes of two Commonwealth countries in order to see to what extent similar techniques have been adopted. The choice of the United Kingdom and the Commonwealth of Australia as the subjects of this survey is no doubt somewhat arbitrary (although passing reference will be made to the legislation of Canada and New Zealand). But the United Kingdom, a semi-unitary state whose involvement in international relations has been substantial throughout the century, and the Commonwealth of Australia, a federal polity with substantial legislative power over foreign affairs and defense -whose international role has changed markedly since 1901, do provide useful examples of states with constitutional and legislative continuity since 1901, and (as will be seen) considerable legislative involvement in this field.

RESILIENCE TECHNIQUES OF INTERNATIONAL COURTS IN TIMES OF RESISTANCE TO INTERNATIONAL LAW

2021 ◽  
pp. 1-32
Author(s):  
Salvatore Caserta ◽  
Pola Cebulak
Keyword(s):  
European Union ◽  
International Law ◽  
Land Rights ◽  
Analytical Framework ◽  
The European Union ◽  
International Courts ◽  
Court Of Justice ◽  
Indigenous Groups ◽  
The Caribbean ◽  
Caribbean Court Of Justice

Abstract International courts are increasingly called upon to adjudicate socially divisive disputes. They are therefore exposed to a heightened risk of backlash that questions their authority and impedes the implementation of their judgments. This article puts forward an analytical framework for mapping the resilience techniques used by international courts to counter this growing resistance. Case studies involve the Court of Justice of the European Union, which has been cautious in its stance regarding democratic backsliding in Hungary and Poland, and the Caribbean Court of Justice, which has engaged in legal diplomacy while adjudicating both on the land rights of indigenous groups and on Lesbian Gay Bisexual Transgender Queer and Intersex (LGBTQI) rights. It is argued that, in order to effectively avoid and mitigate backlash, international courts should deploy resilience techniques that go beyond merely exercising their judicial function. The successful deployment of resilience techniques can allow international courts to become significant actors in global governance during a time of crisis for the international liberal order.

Roman Law

2018 ◽  
Author(s):  
Clifford Ando
Keyword(s):  
International Law ◽  
Late Antiquity ◽  
Legal History ◽  
Public Law ◽  
Roman Law ◽  
Classical Period ◽  
National Context ◽  
Historical Factors ◽  
Medieval Europe ◽  
Contemporary Study

Roman law has been a system of practice and field of academic study for some 2,400 years. Today, the field enjoys unprecedented diversity in terms of linguistic, disciplinary, and national context. However, the contours of contemporary study are the product of complex and imbricated historical factors: the non-codification by the Romans of the classical period of their own public law; solutions taken in the classical period and later to resolve conflicts among sources of law of very different antiquity; the codification in late antiquity of academic jurisprudence regarding private law; the on-going prestige of Roman civil law in medieval and late medieval Europe, which made it a resource for analogical argumentation in both public and international law; and much else besides. This chapter evaluates the contribution made by some of these factors to Roman legal history as a contemporary endeavour, with an eye to its future.

Return of the Traveler

2020 ◽  
pp. 215-237
Author(s):  
Kate Fullagar
Keyword(s):  
New Zealand ◽  
British Government ◽  
James Cook ◽  
Indigenous Groups ◽  
The Pacific

The final chapter traces Mai’s voyage back from Britain to the Pacific. This voyage was arranged by the British government and led, again, by James Cook. Mai experiences various adventures during the voyage, including some altercations with different indigenous groups. In New Zealand, Mai secures two Maori boys to join him as servants. His arrival on Tahiti proves moving for Islanders and British alike. Here Mai reunites with a sister and an aunt, wrangles with a chief, and acquires a large canoe. Mai expects to be deposited back on Ra‘iatea, but Cook at the last minute decides against it, fearing Islander conflagration, and takes him to Huahine instead. Disappointed, Mai is at least gratified to have Cook’s men build him a house. In many ways, Mai’s plotline is the most tragic of the three characters: he begins as a refugee from his own society and never fulfils his dream of restitution. Even so, Mai offers at least one small twist to the old tale—European empire never steals the limelight in his story; instead, Mai turns the tables by employing European empire, almost entirely on his own terms, to seek his ultimate end.

scholarly journals A Legal History of the New Zealand Jury Service - Introduction, Evolution, and Equality?

1999 ◽  
Vol 29 (2) ◽  
pp. 283
Author(s):  
Michèle Powles
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Legal System ◽  
Legal History ◽  
Race And Gender ◽  
Jury Service ◽  
History Of ◽  
Jury System ◽  
And Gender ◽  
Service Introduction

This article traces the development of the New Zealand jury system. Most noteworthy in thisdevelopment has been the lack of controversy the system has created. At the end of the nineteenth century, however, the pursuit of equality in the legal system generally led to debate and reform of juries in relation to representation, race and gender.

scholarly journals If Germany Came to New Zealand

1999 ◽  
Vol 30 (2) ◽  
pp. 489
Author(s):  
John Salmond
Keyword(s):  
New Zealand ◽  
International Law ◽  
International Treaties ◽  
Inaugural Address ◽  
The Future ◽  
The Subject ◽  
College Now ◽  
Modern Warfare

This article is a report from the New Zealand Mail, 1 August 1906, which covered Professor John Salmond's inaugural address as the chair of law at Victoria College (now Victoria University of Wellington). Professor Salmond dealt with the subject of international law with regards to the conditions of modern warfare. He discusses important international treaties, the role of the civil population, and what would happen if war came to New Zealand. Professor Salmond concludes that a key player in resolving international disputes was arbitration, which he believed was full of hope and promise for the future. 

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