New Zealand Maori Council V Attorney-General
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New Zealand Maori Council V Attorney-General
''New Zealand Maori Council v Attorney-General, ''also known as the "Lands" case or "SOE" case, was a seminal New Zealand legal decision marking the beginning of the common law development of the principles of the Treaty of Waitangi. Background The Fourth Labour Government was embarking on a programme of commercialisation of government departments and on 1 April 1987 the State-Owned Enterprises Act 1986 came into force. The Act would allow assets and land owned by the Crown to be transferred to State-Owned Enterprises (SOEs) which were government departments restructured and operated as companies. After the introduction of the State-Owned Enterprises Bill into the House of Representatives on 30 September 1986, an interim report of the Waitangi Tribunal had been given to the Minister of Māori Affairs. The Tribunal report feared that land transferred to SOEs such as the Forestry Corporation or Land Corporation would then be out of the power of the Crown to return to iwi in accor ...
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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 ...
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New Zealand Māori Council
The New Zealand Māori Council is a body representing and consulting the Māori people of New Zealand. The council is one of the oldest Māori representative groups. Recently, the council increased its focus on social challenges and issues that impact its constituents, with one example being the COVID-19 pandemic. It is now developing ideas and programs that reduce barriers faced by Maori. Structure The New Zealand Māori Council, also known as the ''Te Kaunihera Maori o Aoteaora'', was created by thMaori Welfare Act 1962(renamed thby the ttp://www.legislation.govt.nz/act/public/1962/0133/latest/formertitle.aspx?search=qs_act%40bill%40regulation%40deemedreg_Maori+Community+Development+Act+1962_resel_25_h&p=2 Maori Purposes Act 1979 to serve the greater Māori community. It often acts as the legal entity representing groups of iwi and hapū, and offers a forum for them to act collectively. The Council exerts pressure on New Zealand governments to protect Treaty of Waitangi righ ...
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Court Of Appeal Of New Zealand Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ...
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1987 In New Zealand Law
File:1987 Events Collage.png, From top left, clockwise: The MS Herald of Free Enterprise capsizes after leaving the Port of Zeebrugge in Belgium, killing 193; Northwest Airlines Flight 255 crashes after takeoff from Detroit Metropolitan Airport, killing everyone except a little girl; The King's Cross fire kills 31 people after a fire under an escalator flashes-over; The MV Doña Paz sinks after colliding with an oil tanker, drowning almost 4,400 passengers and crew; Typhoon Nina strikes the Philippines; LOT Polish Airlines Flight 5055 crashes outside of Warsaw, taking the lives of all aboard; The USS Stark is struck by Iraqi Exocet missiles in the Persian Gulf; U.S. President Ronald Reagan gives a famous speech, demanding that Soviet leader Mikhail Gorbachev tears down the Berlin Wall., 300x300px, thumb rect 0 0 200 200 Zeebrugge disaster rect 200 0 400 200 Northwest Airlines Flight 255 rect 400 0 600 200 King's Cross fire rect 0 200 300 400 Tear down this wall! rect 300 2 ...
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Susan Glazebrook
Dame Susan Gwynfa Mary Glazebrook (born 8 February 1956) is a judge of the Supreme Court of New Zealand. Early life, family and education Born in Bowdon, Cheshire, England, on 8 February 1956, Glazebrook emigrated to New Zealand with her family in 1962, and she became a naturalised New Zealand citizen in 1978. She was educated at Tauranga Girls' College, before going on to study at the University of Auckland, where she gained a Bachelor of Arts in 1975, a Master of Arts with first-class honours in history in 1978, and an LLB(Hons) in 1980. She later completed a DipBus (Finance) at the same institution in 1994. In 1988, Glazebrook obtained a DPhil from the University of Oxford in French legal history; her doctoral thesis was titled ''Justice in transition: crime, criminals and criminal justice in revolutionary Rouen, 1790–1800''. In 1992, Glazebrook married former New Zealand rugby union representative Greg Kane, and the couple went on to have two children together. Care ...
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R V Symonds
''R v Symonds'' ''(The Queen v Symonds)'' incorporated the concept of aboriginal title into New Zealand law and upheld the government's pre-emptive right of purchase to Māori land deriving from the common law and expressed in the Treaty of Waitangi. Although the Native Lands Act 1862 waived Crown pre-emption, the notion of aboriginal title has been revived in the 20th century to deal with Māori property rights. Background Faced with a "virtually bankrupt colonial administration" Governor Robert FitzRoy had in 1843 waived the Crown's right of pre-emption to purchase Māori land, allowing settlers to directly buy land from Māori if they held certificates waiving the Crown's right. Under what became known as the "penny-an-acre" proclamation, 90,000 acres were bought by settlers. When Governor George Grey took office in 1845, he decided to take a test case, with a claimant seeking a writ of scire facias to "justify his refusal to award Crown grants over land to persons whose cla ...
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Māori Land Court
The Māori Land Court (Māori: Te Kōti Whenua Māori) is the specialist court of record in New Zealand that hears matters relating to Māori land. Māori Land Court history The Māori Land Court was established in 1865 as the Native Land Court of New Zealand under the Native Lands Act. The court was established to facilitate the purchase of Māori land by the Crown by converting collectively owned Māori customary land into Māori freehold land. The Act created the Native Land Court to identify ownership interests in Māori land and to create individual titles (in place of customary communal title) that were recognisable in English law. Under the Native Lands Act 1865 only ten owners could be listed on land titles issued by the court. As outlined by Williams, "government policy from 1858 onwards ... sought to introduce a rapid individualisation of ancestral Māori land in order to ensure the availability of most of that land for settlement by Pakeha settlers". A continuatio ...
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Eddie Durie
Sir Edward Taihakurei Durie (born 18 January 1940) was the first Māori appointed as a judge of a New Zealand court. He is of Rangitāne, Ngāti Kauwhata and Ngāti Raukawa descent; Mason Durie (1889–1971) was his grandfather. Early life and education Durie graduated with a BA and an LLB from Victoria University of Wellington in 1964. He holds honorary doctorates from Victoria University of Wellington, Massey University and the University of Waikato. Career Durie was appointed a Judge in 1974 and then was the Chief Judge of the Māori Land Court from 1980–1998, Chairman of the Waitangi Tribunal from 1980–2004, and a Law Commissioner. In 1998 he was appointed to the High Court. He retired from the High Court in 2004, at which point he was the longest-serving member of the New Zealand judiciary. In 2009, Durie was appointed by Attorney-General Chris Finlayson to chair the Ministerial taskforce on the Foreshore and Seabed Act 2004. In 2012, Durie was elected to the Ma ...
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Supreme Court Of New Zealand
The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016. It should not be confused with New Zealand's "old" Supreme Court, which was a superior court that was established in 1841 and renamed in 1980 as the High Court of New Zealand. The name was changed in anticipation of the eventual creation of a final court of appeal for New Zealand that would be called the "Supreme ...
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Waitangi Tribunal
The Waitangi Tribunal (Māori: ''Te Rōpū Whakamana i te Tiriti o Waitangi'') is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown, in the period largely since 1840, that breach the promises made in the Treaty of Waitangi. The Tribunal is not a court of law; therefore, the Tribunal's recommendations and findings are not binding on the Crown. They are sometimes not acted on, for instance in the foreshore and seabed dispute. The inquiry process contributes to the resolution of Treaty claims and to the reconciliation of outstanding issues between Māori and Pākehā. In 2014, the Tribunal found that Ngāpuhi rangatira did not give up their sovereignty when they signed the Treaty of Waitangi in 1840. History In 1975, protests from indigenous peoples about unresolved Treaty of Waitangi grievances had bee ...
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Robin Cooke, Baron Cooke Of Thorndon
Robin Brunskill Cooke, Baron Cooke of Thorndon (9 May 1926 – 30 August 2006) was a New Zealand judge and later a British Law Lord and member of the Judicial Committee of the Privy Council. He is widely considered one of New Zealand's most influential jurists, and is the only New Zealand judge to have sat in the House of Lords. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 1997 to 2006. Early life and education The son of the Supreme Court judge, Justice Philip Brunskill Cooke and his wife, Valmai, Lord Cooke was born in Wellington and attended Wanganui Collegiate School. He graduated with an LL.M. from Victoria University College, and subsequently studied at Clare College, Cambridge as a Research Fellow. While on a travelling scholarship, Lord Cooke was awarded an MA in 1954 from Gonville and Caius College, Cambridge and subsequently a PhD in 1955. In 1952, he married Annette Miller, with whom he had three sons. One of their sons, Franc ...
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Fourth Labour Government Of New Zealand
The Fourth Labour Government of New Zealand governed New Zealand from 26 July 1984 to 2 November 1990. It was the first Labour government to win a second consecutive term since the First Labour Government of 1935 to 1949. The policy agenda of the Fourth Labour Government differed significantly from that of previous Labour governments: it enacted major social reforms (such as legalising homosexual relations) and economic reforms (including corporatisation of state services and reform of the tax system). The economic reforms became known as "Rogernomics", after Finance Minister Roger Douglas. According to one political scientist: The Labour government also enacted nuclear-free legislation, which led to the United States suspending its treaty obligations to New Zealand under the ANZUS alliance. David Lange led the government for most of its two three-year terms in office. Lange and Douglas had a falling out that divided the party. The government suffered a defeat at the 199 ...
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