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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Firth Of Thames
The Firth of Thames ( mi, Tikapa Moana-o-Hauraki) is a large bay located in the north of the North Island of New Zealand. It is the firth of the rivers Waihou and Piako, the former of which was formerly named the Thames River, and the town of Thames lies on its southeastern coast. Its Maori name is ''Tikapa''. In traditional legend, the firth and the greater Hauraki Gulf are protected by a taniwha named Ureia, who takes the form of a whale. The firth lies at the southern end of the Hauraki Gulf, southeast of the city of Auckland. It occupies a rift valley or graben between the Coromandel Peninsula and Hunua Ranges, which continues into the Hauraki Plains to the south. Conservation The Firth of Thames is an important site for waders or shorebirds, and is listed as a wetland of international importance under the Ramsar Convention. The Miranda Shorebird Centre, operated by the Miranda Naturalists' Trust, is located on the Seabird Coast, on the western shore of the bay at M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1847 In New Zealand Law
Events January–March * January 4 – Samuel Colt sells his first revolver pistol to the U.S. government. * January 13 – The Treaty of Cahuenga ends fighting in the Mexican–American War in California. * January 16 – John C. Frémont is appointed Governor of the new California Territory. * January 17 – St. Anthony Hall fraternity is founded at Columbia University, New York City. * January 30 – Yerba Buena, California, is renamed San Francisco. * February 5 – A rescue effort, called the First Relief, leaves Johnson's Ranch to save the ill-fated Donner Party (California-bound emigrants who became snowbound in the Sierra Nevada earlier this winter; some have resorted to survival by cannibalism). * February 22 – Mexican–American War: Battle of Buena Vista – 5,000 American troops under General Zachary Taylor use their superiority in artillery to drive off 15,000 Mexican troops under Antonio López de Santa Anna, defeating the Mexicans the next day. * Fe ... [...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] |
Treaty Of Waitangi Act 1975
The Treaty of Waitangi Act 1975 established the Waitangi Tribunal and gave the Treaty of Waitangi recognition in New Zealand law for the first time. The Tribunal was empowered to investigate possible breaches of the Treaty by the New Zealand government or any state-controlled body, occurring after 1975. It was also empowered to recommend, but not enforce, remedies. Although the Treaty had been a focus of Māori activism for several years, many Māori were disappointed in the efficacy of the Waitangi Tribunal. Most of the significant breaches of the Treaty, such as land confiscation in the New Zealand Wars, had occurred in the nineteenth century, and the Tribunal was powerless to investigate these. Amendments 1985 Amendment The act created a Tribunal to investigate claims dating back to 1840, when the Treaty was signed. It also enlarged the Tribunal's membership to enable it to handle the increased number of claims. It also required the Tribunal to have a Māori majority. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Māori Protest Movement
The Māori protest movement is a broad indigenous-rights movement in New Zealand (). While there were a range of conflicts between Māori and European immigrants prior to the signing of the Treaty of Waitangi in 1840, the signing provided a legal context for protesting, as the Treaty of Waitangi made New Zealand a British colony with British law and governance applying. The British authorities had drafted the Treaty with the intention of establishing a British Governor of New Zealand, recognising Māori ownership of their lands, forests and other possessions, and giving Māori the rights of British subjects. However, the Māori and English texts of the Treaty differ in meaning significantly; particularly in relation to the meaning of having and ceding sovereignty. These discrepancies, and the subsequent colonisation by Pākehā settlers led to disagreements in the decades following the signing, including full-out warfare. In its modern form, the Māori protest movement emerged ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wi Parata V Bishop Of Wellington
''Wi Parata v Bishop of Wellington'' was a New Zealand court case of 1877 which ruled that the Treaty of Waitangi was a "simple nullity" having been signed by "primitive barbarians". In 1877 Wiremu "Wi" Parata a wealthy Māori farmer and member of the Executive Council, described by the ''Dictionary of New Zealand Biography'' as having been "an astute politician and skilled orator and debater" took Octavius Hadfield, the Bishop of Wellington, to the Supreme Court, over a breach of oral contract between the Anglican Church and the Ngāti Toa, and a breach of the principles of the Treaty of Waitangi. Ngāti Toa had provided land to the church in 1848 in exchange for a promise that a school for young Ngāti Toa people would be built by the church. However no school was built, and in 1850 the church obtained a Crown grant to the land, without the consent of the iwi. The case was a failure for Parata – Chief Justice James Prendergast ruled that the Treaty of Waitangi was a "s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Prendergast (judge)
Sir James Prendergast (10 December 1826 – 27 February 1921) was the third Chief Justice of New Zealand. Prendergast was the first Chief Justice to be appointed on the advice of a responsible New Zealand government, but is chiefly noted for his far-reaching decision in ''Wi Parata v The Bishop of Wellington'' in which he described the Treaty of Waitangi as "a simple nullity" Early life Prendergast was born in London, United Kingdom, on 10 December 1826. He was the youngest son of Michael Prendergast QC ( appointed QC 1850) and his wife, Caroline Dawe, the sister of artist George Dawe. Appointed a judge of the Sheriff's Court in London in 1856, his father was controversial but probably eccentric and outspoken rather than corrupt. Other children were Michael (born 1822; came to New Zealand), Philip (born 1824) and Caroline (born 1829, died ). He was educated at St Paul's School, London. He entered Caius College, Cambridge in 1845, but soon migrated to Queens' College, graduat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratio Decidendi
''Ratio decidendi'' ( Latin plural ''rationes decidendi'') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). In other words, ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike ''obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of '' stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate rationes. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Southern Cross (New Zealand)
''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 na ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Samuel Chapman00
Henry may refer to: People *Henry (given name) *Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portugal, Henry of Burgundy, Count of Portugal (father of Portugal's first king) ** Prince Henry the Navigator, Infante of Portugal ** Infante Henrique, Duke of Coimbra (born 1949), the sixth in line to Portuguese throne * King of Germany **Henry the Fowler (876–936), first king of Germany * King of Scots (in name, at least) ** Henry Stuart, Lord Darnley (1545/6–1567), consort of Mary, queen of Scots ** Henry Benedict Stuart, the 'Cardinal Duke of York', brother of Bonnie Prince Charlie, who was hailed by Jacobites as Henry IX * Four kings of Castile: **Henry I of Castile **Henry II of Castile **Henry III of Castile **Henry IV of Castile * Five kings of France, spelt ''Henri'' in Modern French since the Renaissance to italianize the name and to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
