|
Foreshore And Seabed Act 2004
The Foreshore and Seabed Act 2004 is a former Act of the Parliament of New Zealand. It overruled the 2003 decision of the Court of Appeal in ''Ngati Apa v Attorney-General.'' Its passage arose out of, and further fueled, the New Zealand foreshore and seabed controversy. It was replaced by the Marine and Coastal Area (Takutai Moana) Act in 2011. See also *New Zealand foreshore and seabed controversy The New Zealand foreshore and seabed controversy is a debate in the politics of New Zealand. It concerns the ownership of the country's foreshore and seabed, with many Māori groups claiming that Māori have a rightful claim to title. These ... References External linksText of the Act Māori politics Statutes of New Zealand 2004 in New Zealand law Aboriginal title in New Zealand Repealed New Zealand legislation {{NewZealand-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand ( King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865. The House of Representatives normally consists of 120 members of Parliament (MPs), though sometimes more due to overhang seats. There are 72 MPs elected directly in electorates while the remainder of seats are assigned to list MPs based on each party's share of the total party vote. Māori were represented in Parliament from 1867, and in 1893 women gained the vote. Although elections can be called early, each three years Parliament is dissolved and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marine And Coastal Area (Takutai Moana) Bill
The Marine and Coastal Area (Takutai Moana) Act 2011 is an Act of the New Zealand Parliament created to replace the Foreshore and Seabed Act 2004. It was brought in by the fifth National government and creates a property class for the marine and coastal area, in which it is vested in no one. This is in contrast to the Foreshore and Seabed Act 2004 in which the foreshore and seabed were vested in the Crown. Features of the Act The Marine and Coastal Area Act: * Guarantees free public access. * Makes a common space of the public marine and coastal area, ensuring it can never be sold. * Protects all existing uses, including recreational fishing and navigation rights. * Addresses two fundamental rights violated by the Foreshore and Seabed Act – the right to access justice through the courts, and property rights. The Act provides for primarily two types of rights: protected customary rights, and customary marine title. ** In order to establish protected customary rights, the ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of New Zealand
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand (King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865. The House of Representatives normally consists of 120 members of Parliament (MPs), though sometimes more due to overhang seats. There are 72 MPs elected directly in electorates while the remainder of seats are assigned to list MPs based on each party's share of the total party vote. Māori were represented in Parliament from 1867, and in 1893 women gained the vote. Although elections can be called early, each three years Parliament is dissolved and go ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ngati Apa V Attorney-General
''Ngati Apa v Attorney-General'' was a landmark legal decision that sparked the New Zealand foreshore and seabed controversy. The case arose from an application by eight northern South Island iwi for orders declaring the foreshore and seabed of the Marlborough Sounds Maori customary land. After lower court decisions and consequent appeals in the Maori Land Court, the Maori Appellate Court and the High Court; the Court of Appeal unanimously held that the Maori Land Court had jurisdiction to determine whether areas of foreshore and seabed were Maori customary land or not. The court also held that, "The transfer of sovereignty did not affect customary property. They are interests preserved by the common law until extinguished in accordance with the law". The effect of the decision was subsequently overturned by the Foreshore and Seabed Act 2004. Background Justice Keith succinctly summarised how the case got before the Court of Appeal, Judgments The lowest common denominator ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Foreshore And Seabed Controversy
The New Zealand foreshore and seabed controversy is a debate in the politics of New Zealand. It concerns the ownership of the country's foreshore and seabed, with many Māori groups claiming that Māori have a rightful claim to title. These claims are based around historical possession and the Treaty of Waitangi. On 18 November 2004, the New Zealand Parliament passed a law which deems the title to be held by the Crown. This law, the Foreshore and Seabed Act 2004, was enacted on 24 November 2004. Some sections of the Act came into force on 17 January 2005. It was repealed and replaced by the Marine and Coastal Area (Takutai Moana) Act 2011. Origins ''Ngati Apa v Attorney-General'' In 1997, an application was made to the Māori Land Court requesting, amongst other matters, that "the foreshore and seabed of the Marlborough Sounds, extending the limits of New Zealand's territorial sea" be defined as Māori customary land under the Te Ture Whenua Māori Act 1993. The Māori Land ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marine And Coastal Area (Takutai Moana) Act 2011
The Marine and Coastal Area (Takutai Moana) Act 2011 is an Act of the New Zealand Parliament created to replace the Foreshore and Seabed Act 2004. It was brought in by the fifth National government and creates a property class for the marine and coastal area, in which it is vested in no one. This is in contrast to the Foreshore and Seabed Act 2004 in which the foreshore and seabed were vested in the Crown. Features of the Act The Marine and Coastal Area Act: * Guarantees free public access. * Makes a common space of the public marine and coastal area, ensuring it can never be sold. * Protects all existing uses, including recreational fishing and navigation rights. * Addresses two fundamental rights violated by the Foreshore and Seabed Act – the right to access justice through the courts, and property rights. The Act provides for primarily two types of rights: protected customary rights, and customary marine title. ** In order to establish protected customary rights, the a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The New Zealand Herald
''The New Zealand Herald'' is a daily newspaper published in Auckland, New Zealand, owned by New Zealand Media and Entertainment, and considered a newspaper of record for New Zealand. It has the largest newspaper circulation of all newspapers in New Zealand, peaking at over 200,000 copies in 2006, although circulation of the daily ''Herald'' had declined to 100,073 copies on average by September 2019. Its main circulation area is the Auckland region. It is also delivered to much of the upper North Island including Northland, Waikato and King Country. History ''The New Zealand Herald'' was founded by William Chisholm Wilson, and first published on 13 November 1863. Wilson had been a partner with John Williamson in the ''New Zealander'', but left to start a rival daily newspaper as he saw a business opportunity with Auckland's rapidly growing population. He had also split with Williamson because Wilson supported the war against the Māori (which the ''Herald'' termed "the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Māori Politics
Māori politics is the politics of the Māori people, who were the original inhabitants of New Zealand and who are now the country's largest minority. Before the arrival of Pākehā (Europeans) in New Zealand, Māori society was based largely around tribal units, and chiefs (') provided political leadership. With the British settlers of the 19th century came a new British-style government. From the outset, Māori sought representation within this government, seeing it as a vital way to promote their people's rights and improve living standards. Modern Māori politics can be seen as a subset of New Zealand politics in general, but has a number of distinguishing features, including advocacy for indigenous rights and Māori sovereignty. Many Māori politicians are members of major, historically European-dominated political parties, but several Māori parties have been formed. Pre-colonial Māori governance Before the arrival of Pākehā (European settlers) in New Zealand, Mā ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutes Of New Zealand
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
