scholarly journals Closing the gap : enhancing Parliament's law-making role in Treaty of Waitangi and customary rights issues

2021 ◽  
Author(s):  
◽  
Janet Mason
Keyword(s):  
New Zealand ◽  
Case Law ◽  
Treaty Of Waitangi ◽  
Customary Rights ◽  
Closing The Gap ◽  
Rights Issues ◽  
Law Making

<p>The New Zealand system of government subscribes to the doctrine of the supremacy of Parliament. This means that where Parliament have, in legislation, explicitly and clearly stipulated an intention to be arbitrary, unfair or oppressive, the judicial branch of government cannot strike that legislative provision down. Instead, the Courts law-making role is confined to interpreting and developing case law where there is no applicable statutory rule.</p>

scholarly journals Closing the gap : enhancing Parliament's law-making role in Treaty of Waitangi and customary rights issues

2021 ◽  
Author(s):  
◽  
Janet Mason
Keyword(s):  
New Zealand ◽  
Case Law ◽  
Treaty Of Waitangi ◽  
Customary Rights ◽  
Closing The Gap ◽  
Rights Issues ◽  
Law Making

<p>The New Zealand system of government subscribes to the doctrine of the supremacy of Parliament. This means that where Parliament have, in legislation, explicitly and clearly stipulated an intention to be arbitrary, unfair or oppressive, the judicial branch of government cannot strike that legislative provision down. Instead, the Courts law-making role is confined to interpreting and developing case law where there is no applicable statutory rule.</p>

Economic Development through Treaty Reparations in New Zealand and Canada

2018 ◽  
Vol 33 (01) ◽  
pp. 61-83 ◽  
Author(s):  
Myra J. Tait ◽  
Kiera L. Ladner
Keyword(s):  
Economic Development ◽  
New Zealand ◽  
First Nations ◽  
Indigenous Communities ◽  
The State ◽  
Self Determination ◽  
Legal Analysis ◽  
Treaty Of Waitangi ◽  
Socio Economic Development ◽  
Law Making

AbstractIn Canada, Treaty 1 First Nations brought a claim against the Crown for land debt owed to them since 1871. In 2004, Crown land in Winnipeg became available that, according to the terms of the settlement, should have been offered for purchase to Treaty 1 Nations. Similarly, in New Zealand, the Waikato-Tainui claim arose from historical Crown breaches of the 1840 Treaty of Waitangi. In 1995, a settlement was reached to address the unjust Crown confiscation of Tainui lands. Despite being intended to facilitate the return of traditional territory, compensate for Crown breaches of historic treaties, and indirectly provide opportunity for economic development, in both cases, settlement was met with legal and political challenges. Using a comparative legal analysis, this paper examines how the state continues to use its law-making power to undermine socio-economic development of Indigenous communities in Canada and New Zealand, thereby thwarting opportunity for Indigenous self-determination.

3 New Zealand

2009 ◽  
Author(s):  
Castellino Joshua ◽  
Keane David
Keyword(s):  
New Zealand ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
Case Law ◽  
The Other ◽  
Institutional Framework ◽  
Treaty Of Waitangi ◽  
Statutory Body ◽  
Definition Of ◽  
Waitangi Tribunal

This chapter focuses on indigenous peoples, but will also seek to address the other significant minorities in contemporary New Zealand. The chapter proceeds as follows. Section 3.1 articulates the relevant history in order to understand the contemporary issues facing protection of indigenous and minority rights in the state. Section 3.2 identifies the groups that come within the purview of the definition of ‘minority and indigenous peoples’ and the range of needs these communities face. Section 3.3 portrays the range of ‘rights’ that currently exist in New Zealand law, drawing from the Constitution, special regimes as created through statutes, interpretation of case-law, and crucially the Treaty of Waitangi and its interpretation by the statutory body, the Waitangi Tribunal. Section 3.4 concentrates on the remedies available in New Zealand to tackle violations of the rights of indigenous peoples and minorities. It assesses the institutional framework for rights, and reassesses the remedies needed to arrive at a regime respectful of the rights of minorities and indigenous peoples. The concluding section offers a brief comment on the future protection of indigenous peoples and minorities in New Zealand.

Harris v Fitzherbert: Customary Rights of Labour on a Shore Whaling Station

2011 ◽  
Vol 42 (4) ◽  
pp. 639
Author(s):  
Stuart Anderson
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Legal Rights ◽  
Customary Rights

This note considers an early adaptation of common law to conditions on New Zealand whaling stations, made relatively easy by the law's prior acceptance of local custom or usage as a determinant of legal rights. The case, Harris v Fitzherbert from 1843, is significant also for the jury's acceptance of a manual workers' construction of the rule over financiers.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Collaboration in research: weaving Kaupapa Māori and computer science

2021 ◽  
pp. 117718012110431
Author(s):  
Anna K Rolleston ◽  
Judy Bowen ◽  
Annika Hinze ◽  
Erina Korohina ◽  
Rangi Matamua
Keyword(s):  
New Zealand ◽  
Computer Science ◽  
Indigenous People ◽  
Design Process ◽  
Software Design ◽  
Integrated Process ◽  
Engineering Project ◽  
Aotearoa New Zealand ◽  
Treaty Of Waitangi ◽  
Kaupapa Māori

We describe a collaboration between Māori (Indigenous people of Aotearoa/New Zealand) and Tauiwi (non-Māori) researchers on a software engineering project. Te Tiriti o Waitangi (The Treaty of Waitangi) provides the basis for Māori to lead research that involves Māori as participants or intends to impact Māori outcomes. Through collaboration, an extension of the traditional four-step software design process was created, culminating in a nine-step integrated process that included Kaupapa Māori (Māori ideology) principles. The collaboration experience for both Māori and Tauiwi highlighted areas of misunderstanding within the research context based on differing worldviews and our ability to navigate and work through this. This article provides context, guiding principles, and recommended research processes where Māori and Tauiwi aim to collaborate.

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