About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2008-2009 Maori L. Rev. 1 (2008-2009)

handle is hein.journals/maori2008 and id is 1 raw text is: February 2008 ygr P,/ if Mar aw Revie.w CONTENTS EDITORI \l, 1 MAORI LAND COURT & APPELLATE COURT Change of status - rates - sale to neighbours 4 OT'i IfR CoUiTs & TR1BUNALS High Court Fisheries case - security for costs - impecuniosity 5 PARLLAIMENT Prime Minister's speech from the throne 5 NI-GO IlATIONS Ngati Porou foreshore & seabed agreement 6 Kaingaroa forest CNI terms of agreement 8 RE-.c[ENT PUB ICAT1 ONS \Vebsites and books of interest 8 GLOSSARY OF ACRONYMS TTWNLX ................................... Te Ture Whenua Mfori Act 1993 RLX .......................................... Resource Management Act 1991 O TS ................................................... O ffice of Treaty Settlem ents TPK ............. Te Puni Kokiri / Ministry of Maori Development Disclaimer: The information contained in this publication is a sum mary only. You should seek professional advice before taking any ac- tion in relation to matters dealt with in this publication. No responsi bility is accepted for any loss arising from reliance on information in this publication. Editor: Tom Bennion PO Box 25433 Panama Street Wellington, New Zealand Phone +64 (04) 473 5755 Fax +64 (04) 473 5751 Email mlr@bennion.co.nz Associate Editor: James Maddock Contributing Writer: Imogen Spurdle Publisher: Tom Bennion PO Box 25433 Panama Street Wellington, New Zealand North American Sales: Gaunt Publishers 3011 Gulf Drive Holmes Beach Florida 34217-2199, USA Fax + 1 (813) 778 5252 Phone + I (813) 778 5211 Internet Web Site: www.bennion.co.nz/mlr © Copyright Tom Bennion 2008 This issue may be cited as: M ori LR Feb 2008 ISSN 1172-8434 WAITANGI TRIBUNAL Central North Island - He Maunga Rongo Report, Parts IV, V and VI Due to size, we will be summarising these parts of the tribunal's report in next month's issue of the MaoriLaw Review. EDITORIAL: UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly on 13 September 2007. \Vhile as a General Assembly Declaration it is not a legally binding instrument under international law, according to a UN press release, it does represent the dynamic development of international legal norms and it reflects the commitment of the UN's member states to move in certain directions; the UN describes it as setting an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation. The declaration has forty-four clauses. They cover social, cultural and economic rights, self-determination, land issues, intellectual property, and many other matters. There were 143 countries in favour, four against, and eleven abstaining. New Zealand, the United States, Australia, and Canada voted against the declaration. Why the NZ government voted against the Declaration An explanation of the NZ position given during debate on the vote is as follows: In particular, four provisions in the Declaration are fundamentally incompatible with New Zealand's constitutional and legal arrangements, the Treaty of Vaitangi, and the principle of governing for the good of all our citizens. These are Article 26 on lands and resources, Article 28 on redress, and Articles 19 and 32 on a right of veto over the State. Madame President, the provision on lands and resources cannot be implemented in New Zealand. Article 26 states that indigenous peoples have a right to own, use, develop or control lands and territories that they have traditionally owned, occupied or used. For New Zealand, the entire country is potentially caught within the scope of the Article. The Article appears to require recognition of rights to lands now lawfully owned by other citizens, both indigenous and non-indigenous, and does not take into account the customs, traditions, and land tenure systems of the indigenous peoples concerned.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most