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Paragraphs TO USE FOR LAWS 110 EXAM
Legal Foundations, Research and Writing (University of Canterbury)
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PARAGRAPHS TO USE FOR LAWS 110 EXAM
THE TREATY OF WAITANGI ACT AND WAITANGI TRIBUNAL
The Treaty of Waitangi act 1975 was passed 135 years after the Treaty was signed, it was only then
the Treaty of Waitangi was officially recognised as a primary source of New Zealand’s law. The act
established the Waitangi tribunal which was given jurisdiction to investigate breaches of the Treaty
by the government, any date from February 6th, 1840. The tribunal embodies the principles of the
Treaty while also working to promote them, it recognises the past wrongdoings of the Crown against
Māori. The tribunal gives recommendations to the Crown on issues and claims brought to it,
although these recommendations in most cases are not legally binding due to parliamentary
sovereignty. The Waitangi Tribunal reports which include its findings and recommendation on the
claim brought about can sometimes for a platform for the parties to negotiate a settlement which
then turns into a settlement act. Only Māori can make a claim to the Waitangi tribunal as it relates to
the Treaty of Waitangi. The claim must establish how the law, policy, practice, or action of the Crown
breached or was inconsistent with principals of the Treaty and prejudice to the person making the
claim.
LANDS CASE/ BASIS OF THE PRINCIPLES OF THE TREATY
New Zealand Māori Council v Attorney-General known as the Lands case is still significant to New
Zealand law today. It provided the basis for the courts to be able to question if any of the Crown’s
actions were breaching the principles of the Treaty. This was the first case where the Treaty’s
principles were identified and described, in order for the court of appeal to make its judgement and
also recognize potential breaches in future cases. The court of appeals judgment in this historic case
also hold great significance as it was essential in the development of the Crown-Māori relationship.
The Lands case came about because of New Zealand’s restructure of the public sector in the 1980s.
The government’s plan was to transfer Crown assets to state-owned enterprises which created
concern for Māori. If the land was to be owned by a third party, then the opportunity Māori had to
make a claim to the Waitangi tribunal and potentially have land returned to them would cease to
exist. The government then introduced a bill which included 2 sections addressing Māori’s concerns,
section 9 and 27. Section 9 states "Nothing in this Act shall permit the Crown to act in a manner that
is inconsistent with the principles of the Treaty of Waitangi" and section 27 which allowed
completion of the Waitangi tribunal process. This bill was passed as the State-Owned Enterprise Act
1986, however it excluded s27 which is the reason for judicial review. The legal issue in this case was
whether the transfer of the Crowns assets to State-Owned Enterprises breached the Treaty of
Waitangi principles using s9 of the State-Owned Enterprises Act as its argument. To form a judgment
the court of appeal had to clearly define what the Treaty of Waitangi principles were. Some of the
principles the court decided upon were the Crowns fiduciary duty towards Māori, the duty both
parties had to act reasonably and in good faith, the Crowns active protection of Māori assets and
interests, along with other principles. Participation, Protection, and partnership are the main
summarized principles taken from this case. These principles are still relevant today.
The Lands case was used as a precedent for future cases which identify and develop principles of the
Treaty, and also the cases that deal with potential breaches of the Treaty. A case following the Lands
case concerning Treaty of Waitangi issues was Attorney-General v New Zealand Māori Council, Crown
transferring assets in the Public Broadcasting Corporation to state owned enterprises. The question
at hand was whether the transfer of assets from the Public Broadcasting Corporation to State Owned
Enterprises is inconsistent with the principles of the Treaty, which in this case was Māori language.
There was a lot of debate in the 1980s about whether Te reo Māori language should be protected,
and this case affirmed that Māori language was a Taonga that should be protected under the Treaty
Downloaded by Emma Grant ()
Paragraphs TO USE FOR LAWS 110 EXAM
Legal Foundations, Research and Writing (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
PARAGRAPHS TO USE FOR LAWS 110 EXAM
THE TREATY OF WAITANGI ACT AND WAITANGI TRIBUNAL
The Treaty of Waitangi act 1975 was passed 135 years after the Treaty was signed, it was only then
the Treaty of Waitangi was officially recognised as a primary source of New Zealand’s law. The act
established the Waitangi tribunal which was given jurisdiction to investigate breaches of the Treaty
by the government, any date from February 6th, 1840. The tribunal embodies the principles of the
Treaty while also working to promote them, it recognises the past wrongdoings of the Crown against
Māori. The tribunal gives recommendations to the Crown on issues and claims brought to it,
although these recommendations in most cases are not legally binding due to parliamentary
sovereignty. The Waitangi Tribunal reports which include its findings and recommendation on the
claim brought about can sometimes for a platform for the parties to negotiate a settlement which
then turns into a settlement act. Only Māori can make a claim to the Waitangi tribunal as it relates to
the Treaty of Waitangi. The claim must establish how the law, policy, practice, or action of the Crown
breached or was inconsistent with principals of the Treaty and prejudice to the person making the
claim.
LANDS CASE/ BASIS OF THE PRINCIPLES OF THE TREATY
New Zealand Māori Council v Attorney-General known as the Lands case is still significant to New
Zealand law today. It provided the basis for the courts to be able to question if any of the Crown’s
actions were breaching the principles of the Treaty. This was the first case where the Treaty’s
principles were identified and described, in order for the court of appeal to make its judgement and
also recognize potential breaches in future cases. The court of appeals judgment in this historic case
also hold great significance as it was essential in the development of the Crown-Māori relationship.
The Lands case came about because of New Zealand’s restructure of the public sector in the 1980s.
The government’s plan was to transfer Crown assets to state-owned enterprises which created
concern for Māori. If the land was to be owned by a third party, then the opportunity Māori had to
make a claim to the Waitangi tribunal and potentially have land returned to them would cease to
exist. The government then introduced a bill which included 2 sections addressing Māori’s concerns,
section 9 and 27. Section 9 states "Nothing in this Act shall permit the Crown to act in a manner that
is inconsistent with the principles of the Treaty of Waitangi" and section 27 which allowed
completion of the Waitangi tribunal process. This bill was passed as the State-Owned Enterprise Act
1986, however it excluded s27 which is the reason for judicial review. The legal issue in this case was
whether the transfer of the Crowns assets to State-Owned Enterprises breached the Treaty of
Waitangi principles using s9 of the State-Owned Enterprises Act as its argument. To form a judgment
the court of appeal had to clearly define what the Treaty of Waitangi principles were. Some of the
principles the court decided upon were the Crowns fiduciary duty towards Māori, the duty both
parties had to act reasonably and in good faith, the Crowns active protection of Māori assets and
interests, along with other principles. Participation, Protection, and partnership are the main
summarized principles taken from this case. These principles are still relevant today.
The Lands case was used as a precedent for future cases which identify and develop principles of the
Treaty, and also the cases that deal with potential breaches of the Treaty. A case following the Lands
case concerning Treaty of Waitangi issues was Attorney-General v New Zealand Māori Council, Crown
transferring assets in the Public Broadcasting Corporation to state owned enterprises. The question
at hand was whether the transfer of assets from the Public Broadcasting Corporation to State Owned
Enterprises is inconsistent with the principles of the Treaty, which in this case was Māori language.
There was a lot of debate in the 1980s about whether Te reo Māori language should be protected,
and this case affirmed that Māori language was a Taonga that should be protected under the Treaty
Downloaded by Emma Grant ()
