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

handle is hein.journals/maori2008 and id is 1 raw text is: February 2008
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EDITORI \l,                                    1
Change of status - rates - sale to neighbours  4
High Court
Fisheries case - security for costs - impecuniosity 5
Prime Minister's speech from the throne     5
Ngati Porou foreshore & seabed agreement    6
Kaingaroa forest CNI terms of agreement     8
\Vebsites and books of interest             8

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.

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
Tom Bennion
PO Box 25433 Panama Street
Wellington, New Zealand

North American Sales:
Gaunt Publishers
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Florida 34217-2199, USA
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Phone + I (813) 778 5211
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 Copyright Tom Bennion 2008
This issue may be cited as:
M ori LR Feb 2008
ISSN 1172-8434


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

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.

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